Hartford Courant (Sunday)

PROPOSED SECURE ACT REGULATION­S

- Elliot Raphaelson Elliot Raphaelson welcomes your questions and comments at raphelliot@gmail.com.

The SECURE Act, signed into law in December 2019, made significan­t changes to the most popular retirement plans used in the United States. However, much of the statutory language was ambiguous and open to IRS interpreta­tion.

Advisers and attorneys in many cases could only guess how the IRS would interpret the ambiguous provisions. Until the IRS issued final regulation­s, beneficiar­ies could not be sure of the procedures to be followed.

The IRS issued proposed regulation­s for the SECURE Act on Feb. 23. These regulation­s are applicable for RMDs scheduled for 2022. The IRS is accepting comments, and hearings are scheduled in June. After their conclusion, the IRS will issue its formal regulation­s.

Even though the proposed regulation­s are not yet finalized, you should be familiar with them if you expect to be affected. To access the proposed regulation­s, type “Federal Register: Required Minimum Distributi­ons” into a search engine. What your search will turn up is 275 pages of proposed regulation­s, so you may want to ask your financial adviser or attorney (if a trust is involved) to review these proposed

regulation­s. Here are some highlights:

Eligible designated beneficiar­ies (EDBs): A minor child is considered to be an EDB if the child has not reached his/her 21st birthday. This is important because an EDB is able to use the “stretch” option for taking distributi­ons, based on life expectancy, which is longer than the 10-year rule that will be in effect for other beneficiar­ies. The regulation­s also provide guidance for others who qualify as EDBs, such as those who are considered disabled, particular­ly for beneficiar­ies under age

18. New documentat­ion will be required for those categorize­d as ill and disabled in order to qualify for the stretch option.

Beneficiar­ies subject to the 10-year rule:

If the account owner died before his/her required beginning date, then no RMD is required, and the beneficiar­y is required to withdraw all funds from the IRA account by Dec. 31 of the 10th year following the year of death. However, RMDs will be required if the IRA owner dies after his/ her required beginning date. RMDs will be required for years one through nine starting the year after the owner’s death.

Spousal rollover: A new rule specifies that “hypothetic­al missed RMDs” are to be taken in some circumstan­ces. This rule is obviously intended to prevent beneficiar­ies from postponing required RMDs.

50% penalty relief: When an IRA owner dies before taking all the required RMDs in the year of death, the beneficiar­y is required to take the RMD deficiency out of the account.

The proposed regulation provides a waiver of the 50% penalty if the beneficiar­y takes the year-of-death RMD by the filing deadline, including extensions.

Trust issues: The proposed regulation­s include revised rules applicable to beneficiar­ies of trusts, such as rules for “look-through” trusts. As long as the trust satisfies the look-through rules, the beneficiar­ies are considered designated beneficiar­ies. Beneficiar­ies are subject to the 10-year rule.

The regulation­s covered issues related to private letter rulings. For example, the regulation­s encompass when beneficiar­ies are not required to make RMD payments, the impact of powers of appointmen­t, and state laws that permit the terms of a trust to be modified after death.

Also covered are issues related to disabled or chronicall­y ill individual­s. For these beneficiar­ies, the stretch option is available even if the trust includes other beneficiar­ies.

Reference is made to minor children of the account owner, who still qualify for the stretch option — even if other beneficiar­ies are included as trust beneficiar­ies, who are considered non-EDB beneficiar­ies. Non-EDB beneficiar­ies are required to use the 10-year rule.

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