IRS 10-Year Rule for Inherited IRAs: Kiplinger Tax Letter
The IRS’ interpretation of the 10-year clean-out rule on inherited IRAs can be complicated.
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IRS finally provides clarity on inherited IRAs, almost five years after Congress curbed stretch IRAs for many beneficiaries.
Before 2020, IRA owners could leave their accounts to their kids, grandkids, etc., and heirs could stretch RMDs over their lifetimes. Congress saw this as a loophole and curtailed it. Now, there’s a 10-year clean-out rule. This requirement applies to many IRAs inherited after 2019.
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The 10-Year Rule for Inherited IRAs
Funds must be distributed within 10 years after death. So, if an IRA owner dies in October 2024, the beneficiary must clean out the IRA no later than December 31, 2034.
Eligible designated beneficiaries are exempt from the 10-year rule. This applies to surviving spouses or minor children (until age 21), the chronically ill or disabled, and people who are not more than 10 years younger than the decedent. They can still do stretch IRAs. Individuals who inherited IRAs before 2020 are also exempt. A surviving spouse also has the option to take the inherited IRA as his or her own.
IRS’s final regulations explain how the inherited IRA 10-year rule works. And, to the dismay of many, the IRS keeps a controversial distinction in place: Whether an IRA owner dies before, or after, his or her RMD beginning date.
- If the owner dies before their RMD beginning date, then beneficiaries needn’t take annual payouts. They can opt to wait until year 10 to take the money, get yearly distributions, or skip years, provided the IRA is fully depleted by the end of the 10-year period.
- If the owner dies on or after the RMD start date, annual payouts are required. Beneficiaries must take yearly RMDs over the 10-year period, beginning with the year after the original IRA owner died. This means RMDs must be paid to the beneficiary in years 1 through 9, with the rest of the account fully depleted by year 10. In this situation, the beneficiary figures annual RMDs based on his or her own life, so the younger the beneficiary, the smaller the yearly RMD amounts. Of course, the beneficiary can withdraw larger amounts from the IRA if he or she so chooses. There’s relief if the IRA owner died in 2020, 2021, 2022, or 2023.
Beneficiaries of IRAs in which the original owner was already subject to RMDs won’t be penalized for not taking payouts in 2021-24. They needn’t make up for the missed distributions. In figuring the 2025 RMD, they start with the life expectancy factor that applied to the beginning of the 10-year period and subtract one for each subsequent year. For example, if a beneficiary inherits an IRA in 2021, the 10-year clean-out rule applies, the decedent started taking RMDs before death and the beneficiary didn’t take RMDs in 2022, 2023, or 2024. Under the IRS’s final rules, the beneficiary needn’t make up for the three years of missed RMDs. He or she must take only seven years of RMDs, starting with the first payout in 2025, and clean out the account by the end of 2031.
The 10-Year Rule for Roth IRAs
Beneficiaries of Roth IRAs are also subject to the 10-year rule, with two key differences. They needn’t take annual RMDs over 10 years. Also, similar to Roth IRA owners, Roth beneficiaries aren’t taxed on distributions.
This first appeared in The Kiplinger Tax Letter. It helps you navigate the complex world of tax by keeping you up-to-date on new and pending changes in tax laws, providing tips to lower your business and personal taxes, and forecasting what the White House and Congress might do with taxes. Get a free issue of The Kiplinger Tax Letter or subscribe.
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Joy is an experienced CPA and tax attorney with an L.L.M. in Taxation from New York University School of Law. After many years working for big law and accounting firms, Joy saw the light and now puts her education, legal experience and in-depth knowledge of federal tax law to use writing for Kiplinger. She writes and edits The Kiplinger Tax Letter and contributes federal tax and retirement stories to kiplinger.com and Kiplinger’s Retirement Report. Her articles have been picked up by the Washington Post and other media outlets. Joy has also appeared as a tax expert in newspapers, on television and on radio discussing federal tax developments.
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