New Tax Rules in SECURE Act to Affect IRA Fund Beneficiaries (2024)

New Tax Rules in SECURE Act to Affect IRA Fund Beneficiaries (1)

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En español | Starting this month, IRA expert Ed Slott is taking your questions about Individual Retirement Accounts. He starts by addressing what to do about new rules in the 2020 SECURE Act that affect most beneficiaries who inherit tax-deferred funds starting this year.

I'm going to assume you mean that you are the IRA owner and you are referring to setting up your IRA so that your beneficiaries can take advantage of the stretch IRA. (If you are the beneficiary, the SECURE Act has no effect on you since the section that eliminated the stretch IRA applies only to those who inherit in 2020 or later.)

Let's start by explaining what the stretch IRA is and what changed.

The stretch IRA is a made-up term (it's not mentioned anywhere in the tax code) to describe the ability of IRA beneficiaries to stretch distributions from an inherited IRA over their lifetimes. For example, a 30-year-old beneficiary would be allowed to stretch distributions over 53.3 years, according to IRS life expectancy tables that govern this.

That's a huge advantage for the beneficiary. In the above example, the 30-year-old would begin by withdrawing only 1/53.3th (roughly 1.8 percent) of the total account value as of Dec. 31 of the prior year. That's a very small amount, so the account can keep growing despite the withdrawals. Each year the size of the required minimum distribution (RMD) will increase slightly until the end of the 53.3 years, when the full balance must be withdrawn. The beneficiary, however, can always take more than the RMD. That is the basic stretch IRA concept.

To qualify, the beneficiary had to be named on the IRA or plan beneficiary form and the beneficiary had to be a person, as opposed to an estate, charity or some trusts. (These nonperson beneficiaries have no life expectancy, so they cannot use the stretch provision.) This beneficiary in tax parlance is known as a designated beneficiary, and only a designated beneficiary can do the stretch IRA.

Unfortunately, the SECURE Act did away with this for most people who inherit in 2020 or later and replaced it with a 10-year payout provision for most non-spouse beneficiaries. However, the SECURE Act carves out exceptions by creating a new class of designated beneficiaries now called eligible designated beneficiaries, or EDBs.

Losing the stretch IRA may not be as terrible as you think.

Remember that this affects only your beneficiaries, not you, so it depends on how much you leave them. If you have a very large IRA, say $500,000 or more, then yes, any amount left to your non-spouse beneficiary will have to be withdrawn within the 10 years after your death, and that could mean a significant tax bill for your heirs.

But even that can be managed, since the new law did away with RMDs each year. You don't have to make any RMDs during the 10 years, except that at the end of the 10th year after death, the entire inherited IRA must be withdrawn and will be taxed at that time.

Your beneficiaries have great flexibility during those 10 years to withdraw more funds when their income is lower, and withdraw less — or even nothing — in high-income years. For instance, if your beneficiary inherits five years before she is to retire, she could withdraw nothing during those working years and then start withdrawing over the last five years when her income and tax rate should be lower. That kind of planning can help minimize the tax.

In addition, if you have more than one beneficiary, each beneficiary can use their own lower tax brackets over the 10 years, allowing them to minimize the overall tax paid by the beneficiaries, lessening the impact of the stretch IRA loss.

You can also do some things to minimize the tax impact for your beneficiaries.

You can convert some of your IRA to a Roth IRA — a little at a time over several years, so you can keep your income from creeping into a higher bracket. Your beneficiaries will still be stuck with the 10-year rule after death, but at least there will be no tax on amounts they withdraw, so all the income accrued while in the Roth will be tax-free to them.

Another way to bring down your taxable IRA balance during your lifetime is to take advantage of qualified charitable distributions (QCDs). QCDs allow you to make charitable contributions through direct transfers from your IRA. Those IRA withdrawals are excluded from your income, lessening the tax impact for both you and your beneficiaries.

QCDs can also go toward satisfying your annual RMDs, so this is a big tax benefit. If you normally give to charity, do it this way and save the taxes, especially since most people no longer get to deduct their charitable contributions because they use the standard deduction instead. QCDs can be used only by IRA owners or beneficiaries who are age70-1/2 or older. Even though the age for RMDs was changed to age 72, the age for QCDs remains at 70-1/2.

If an IRA is not as large and will mostly be consumed during your lifetime for living expenses, then there won't be much of a tax issue for your beneficiaries anyway, and the loss of the stretch IRA may not be an issue at all. If you have a larger IRA with more funds likely to go to beneficiaries, these strategies will lessen the impact.

Ed Slott, CPA, is one of the nation's top experts on retirement plans. For more than 30 years, he has educated both consumers and financial advisors on retirement tax-saving strategies. Most recently, he published Ed Slott's Retirement Decisions Guide: 2020 Edition and is the host of several popular public television specials, including his latest, Retire Safe & Secure! With Ed Slott.Visit www.IRAHelp.com to learn more.

More on Securing Your Financial Future

  • Make sure your heirs get the cash you want them to have
  • Do's and don'ts starting day one of your retirement
  • 4 Steps to make your money last a lifetime
New Tax Rules in SECURE Act to Affect IRA Fund Beneficiaries (2024)

FAQs

What are the new SECURE Act rules for inherited IRA? ›

The 10-year rule requires that all assets in the inherited IRA must be fully withdrawn by the end of the 10th year following the original IRA owner's death. (If the death occurred in 2019 or earlier, the 10-year rule was a five-year rule.)

What are the rules on RMDs for inherited IRA beneficiaries? ›

Designated Beneficiaries
  • Fully distribute all assets by the end of the tenth year after the year the account holder died.
  • If the account owner had reached their required beginning date to start taking RMDs before they died, you will also be required to continue to take RMDs during the 10-year period.

What is the new law affecting IRA? ›

What is the Secure 2.0 Act? The Secure 2.0 Act is a federal measure passed in late 2022 to encourage Americans to save for retirement. Among the many changes it makes to retirement policy, the new law pushes back the required minimum distribution age for individual retirement accounts, or IRAs.

What are the tax consequences for IRA beneficiaries? ›

Inherited Roth IRAs

Withdrawals of contributions from an inherited Roth are tax free. Most withdrawals of earnings from an inherited Roth IRA account are also tax-free. However, withdrawals of earnings may be subject to income tax if the Roth account is less than 5-years old at the time of the withdrawal.

How does the SECURE Act 2.0 change an inherited IRA? ›

The passage of the SECURE Act means that most nonspouse beneficiaries who inherit IRA assets on or after Jan. 1, 2020, are required to withdraw the full balance of the account within 10 years. This includes adult children and grandchildren and most other designated beneficiaries.

How does the SECURE Act affect beneficiary IRAs? ›

However, the impact of the SECURE Act is such that all of the inherited IRA assets would be distributed to the beneficiary within the 10-year period following the death of the original IRA owner. If the trust is a non-see-through trust, the timeframe is 5 years.

Do beneficiaries pay tax on IRA inheritance? ›

An inherited IRA may be taxable, depending on the type. If you inherit a Roth IRA, you're free of taxes. But with a traditional IRA, any amount you withdraw is subject to ordinary income taxes.

What is the new 10 year rule for inherited IRA? ›

The SECURE Act requires the entire balance of the participant's inherited IRA account to be distributed or withdrawn within 10 years of the death of the original owner. However, there are exceptions to the 10-year rule, and spouses inheriting an IRA have a much broader range of options available to them.

What is the difference between an inherited IRA and a beneficiary IRA? ›

Also sometimes called a beneficiary IRA, an inherited IRA is an account that is opened when someone inherits an IRA after the original owner dies.

What are the new IRA rules for 2024? ›

Highlights of changes for 2024. The contribution limit for employees who participate in 401(k), 403(b), and most 457 plans, as well as the federal government's Thrift Savings Plan is increased to $23,000, up from $22,500. The limit on annual contributions to an IRA increased to $7,000, up from $6,500.

What are the changes in IRA for 2024? ›

Beginning in January 2024, beneficiaries of 529 college savings plans can roll over money in their account to a Roth IRA. The amount of the 529 plan rollover must stay within the annual Roth IRA contribution limit ($7,000 for 2024) and cannot exceed the lifetime maximum of $35,000.

What is the Secure Act 2.0 summary? ›

The SECURE Act 2.0 is a rule that makes most companies enroll eligible employees for the company's retirement plan automatically. Starting in 2025, Section 101 requires that employers establishing a new 401(k) or 403(b) plan and enroll eligible employees automatically, with a contribution rate of at least 3%.

Why should you not name a trust as an IRA beneficiary? ›

By naming a non-qualifying Trust as your IRA beneficiary you will lose the stretch payout to spouse and children over their life expectancies. Retirement benefits left to the Trust will be taxed sooner and at a higher rate (most likely) than if the benefits had been paid directly to the spouse or children.

How is an inherited IRA split between siblings? ›

Adult Siblings

Or they can distribute the IRA among multiple inherited IRA accounts that each sibling owns individually. This rollover must occur by Dec. 31 of the year in which the IRA was inherited. If the siblings choose to jointly own a single account, they can decide the terms of ownership among themselves.

Who pays taxes on IRA when trust is beneficiary? ›

The required distributions will be paid to the trust over the five year period. However, the trust itself pays no income tax. Rather, taxable income is tracked within the trust and is taxed to the non-charitable beneficiary only as distributions are made to that beneficiary.

What are the new rules for inherited IRAs in 2024? ›

The IRS will waive penalties for RMDs missed in 2024 from IRAs inherited in 2023, where the deceased owner was already subject to RMDs. (With previous IRS relief, penalties are waived for missed RMDs from specific IRAs inherited in 2020, 2021, 2022, and 2023.)

What is the new 10-year rule for inherited IRA? ›

The SECURE Act requires the entire balance of the participant's inherited IRA account to be distributed or withdrawn within 10 years of the death of the original owner. However, there are exceptions to the 10-year rule, and spouses inheriting an IRA have a much broader range of options available to them.

Do I need to take an RMD from an inherited IRA in 2024? ›

Notice 2024-35 will not apply to your account if you have an Inherited Roth IRA. Under the 10-year rule, Inherited Roth IRAs are not subject to RMDs in years one through nine, regardless of the deceased's age.

Do inherited IRAs have to be liquidated in 10 years? ›

You can transfer assets into an inherited IRA in your name and choose to take distributions over 10 years. You must liquidate the account by Dec. 31 of the year that is 10 years after the original owner's death.

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