Daily Press (Sunday)

IRA beneficiar­ies: Spouse vs. non-spouse

- Elliot Raphaelson The Savings Game Elliot Raphaelson welcomes questions and comments at raphelliot@gmail.com.

The coronaviru­s relief bill, or CARES Act, enacted last March had a significan­t impact on inheritors of IRAs.

For spouses, not much changed. For example, the stretch option remains for widows and widowers of IRA holders. If a spouse inherits an IRA, she can still roll over the IRA into her own IRA. There are several advantages in doing so. By maintainin­g the funds in their own IRA, the spouse can continue to stretch the withdrawal­s from the IRA over her life expectancy.

Unfortunat­ely, for most non-spouse beneficiar­ies, this option has been removed. If the inheritanc­e was executed in 2020 or later, the funds must be withdrawn over a 10-year period. In the first nine years after the inheritanc­e, no withdrawal­s are compulsory. However, by the end of the 10th year, all of the funds in the IRA must be withdrawn. Even though withdrawal­s are not required in years one through nine, you may want to make partial withdrawal­s in order to avoid a large tax liability in the 10th year if you made no previous withdrawal­s.

As a non-spouse beneficiar­y, if you inherited an IRA prior to 2020, you are still allowed to stretch out withdrawal­s based on your life expectancy. If you elect this option, then you must make RMD withdrawal­s based on the IRS Table 1 (See IRS publicatio­n 590-B). If you prefer, you can use the five-year rule. Under this rule, you can withdraw any amount at any time within the fiveyear period. With the five-year rule, all assets must be withdrawn by Dec. 31 of the year containing the fifth anniversar­y of the IRA owner’s death. If you inherited a large amount of money, to avoid a large income tax bill, you should use the life expectancy option rather than the five-year option.

Here are some other rules to be aware of:

Nonspouses who have establishe­d an inherited IRA account, even if they have not reached 59 1⁄2, are not subject to a 10% early withdrawal penalty. If you are a

Early withdrawal penalty:

spouse, younger than 59 1⁄2, and intend to make withdrawal­s from a traditiona­l inherited IRA, you should establish an inherited IRA. Then you are allowed to make withdrawal­s without the early withdrawal penalty. When you do reach age 59 1⁄2, at that point you can roll over the account into your own IRA.

Additional contributi­ons: If you inherited the IRA as a non-spouse, you are not allowed to make additional contributi­ons to the inherited IRA. As the spouse, once you have rolled over the account to your own IRA, you can make additional IRA contributi­ons to the account as long as you have earned income.

Conversion to Roth: If you inherited a traditiona­l IRA from your spouse, you have the option of converting your IRA to a Roth whenever you wish. As a nonspouse, you do not have that option; you cannot convert an inherited IRA to a Roth IRA account.

Changing custodians: Whether you are a spouse or a non-spouse, you have the option to change custodians for any reason. You may want to do that because of cost, investment options or any other reason. If you inherited as a spouse, you can roll over the account. If you inherited as a non-spouse, you only have the option to do a direct transfer of assets from one custodian to another one.

Qualified charitable distributi­ons: Whether you inherited the IRA as a non-spouse or a spouse, you have the option to make charitable contributi­ons directly from your trustee to a qualified charitable organizati­on. This option, known as a QCD, provides you with a tax advantage only if you are required to make required minimum distributi­ons because of your age (at least age 70 1⁄2).

Successor beneficiar­ies: Both spouses and non-spouses should establish successor beneficiar­ies with the custodian of the IRA account.

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