Q. I have a Traditional IRA. The plan allows me to name individuals, trusts or my estate as individuals, but it does not recognize wills. I am older than the RMD start date. With my will, I want to establish trusts for certain beneficiaries, with payments starting at least in 10 years, to avoid the spenders. How would that work in terms of taxes and payment schedule?
A. The SECURE law, which came into effect on January 1, 2020, has made some big changes to what’s happening with Legacy IRA.
Prior to its adoption, beneficiaries could spread distributions from an inherited IRA account over their life expectancy. But it is no longer.
“With the passage of the SECURE law, unless the beneficiary is your spouse, the rules regarding the distribution of inherited IRAs have changed considerably,” Romania said.
“Under the previous rules, minimum annual distributions were to be taken by the beneficiary, while under the new rules the full payment can be taken in year 10 without any penalty,” he said. she declared. “This allows and requires tax planning by the beneficiary that will be taxed on distributions from the retirement account, unless the distributions are from a Roth IRA.”
A beneficiary of a retirement account can also be an individual beneficiary of a “transfer trust” or “accumulation trust,” she said.
“An intermediary trust distributes to the primary beneficiary all the amounts distributed by the IRA and received by the trustee, therefore for most beneficiaries, that is to say at the end of the tenth year after the death of the owner”, Romania said. “Because IRA income is distributed to the beneficiary of the trust, it is taxed at the beneficiary’s personal tax rate. “
A accumulation trust allows distributions from the retirement account to be accumulated in the trust for the benefit of the beneficiary, Romania said.
“Income accrued in the trust will be taxed in the trust at the trust’s tax rate. However, if the trust distributes income to the beneficiary in the year a distribution is made from the IRA, the income can be “passed” to the beneficiary, allowing the income to be taxed at the rate of. taxation of the beneficiary.
Overall, accumulation trusts provide better protection against creditors and spenders, she said.
A beneficiary designation naming an estate or trust that does not meet the requirements of an intermediary or an accumulation trust will result in a required payment within five years instead of 10 years, she said.
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Karin Price Mueller writes on Bamboo column for NJ Advance Media and is the founder of NJMoneyHelp.com. Follow NJMoneyHelp on Twitter @NJMoneyHelp. Find NJMoneyHelp on Facebook. Sign up for NJMoneyHelp.com‘s weekly electronic newsletter.