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IRA Distribution Rules Simplifies

Written By: Attorney Jeffrey A. Marshall, CELA*

Originally Published in June 2001

On January 12, 2001 the IRS stunned financial and estate planning experts by issuing new, taxpayer-friendly regulations for IRAs and most other retirement plans. The new rules can help you preserve your IRA for yourself during your lifetime, and for many years beyond your lifetime for your heirs.

Until now, the rules governing IRA accounts have been so complicated and confusing that even the IRS has had trouble enforcing them. Unwary taxpayers frequently made poor choices at age 70 ½ ,and then had no opportunity to correct their mistakes.

Under the new simplified rules no decisions have to be made at age 70 ½. And while IRA owners are still required to begin making withdrawals by April 1st of the year after they reach age 70 ½, many will now be able to reduce the amount of the taxable payouts. The simplified rules will help taxpayers understand the IRA withdrawal requirements and will also help the IRS catch those who don't.

Most of the news for IRA owners is good.

  • You no longer have to irrevocably name your beneficiaries by April 1 of the year after you reach 70 ½. You can now name and change beneficiaries at any time.
  • You no longer have to choose a life expectancy to use in determining your required distributions. Most people will now use a generous uniform life expectancy table that assumes your beneficiary is 10 years younger than you. This means that many IRA owners will be able to reduce their required annual payouts and preserve their IRAs. (Your required distributions will be lower this year if your beneficiary is less than 10 years younger than you).
  • After your death, your beneficiaries will have improved opportunities to stretch out the IRA payments and limit tax liabilities.

Now for the bad news. Your IRA providers will be required to report your minimum required distribution information to the IRS in a way that will make it easy for the IRA to check on you. If you do not take the required payout in any year, the penalty is 50% of the underpayment.

What you need to know.
If you turn 70 ½ this year (2001), or are already older than 70 ½:

  • Call your IRA provider (e.g. bank, mutual fund) and ask about getting your minimum distribution payout lowered. You will probably be able to lower it if your spouse is your beneficiary and he/she is less than 10 years younger than you.
  • Unless your spouse is more than 10 years younger than you, you can calculate your required minimum distribution yourself using the "Uniform Table" which is reproduced in this issue of the Elder Advisor.

If you are the beneficiary of an inherited IRA:

  • Under the old rules children and other non-spouses who inherited an IRA often had to take the proceeds quickly. Now, under the new rules, most beneficiaries will be able to take the proceeds gradually, over their lifetimes. This means that they can stretch out the payments and preserve the IRA build while lowering their current tax. If you have inherited an IRA you should check with the IRA provider to see if you can lower your required distributions this year.
  • If you are over 70 ½ and want to change your beneficiary designations you can now do so without raising your required distributions.

If you are retired and have kept your retirement funds in your 401(k) or 403(b) Plan:

  • The new rules also apply to 401(k) plans but can be used this year only if your plan is amended by the end of the year. It appears that 403(b) plans will not need to be amended before participants can use the new rules. Check with your Plan Administrator for more information.
  • Many 401K Plans do not let your children stretch out their payments over their lifetimes. Check with your Plan's Administrator. If this is important to you, you may want to roll your 401K plan over into an IRA after you retire.

If you are the owner of a Roth IRA the new rules have less impact because you are not required to take any lifetime distributions from your Roth IRA.

  • Post death planning by your heirs is crucial. Problems in plans may now be corrected until December 31 of the year following the IRA owner's death and there are opportunities to minimize taxes through techniques such as disclaimers. The new rules make it even more important for heirs to seek expert assistance after an IRA owner dies.
  • Proper planning for IRAs is more important than ever. One option is to create a laddered disclaimer IRA plan. This exciting alternative allows you to preserve your financial security during life then offers your heirs the opportunity through tax deferred compounding to turn even a modest IRA inheritance into millions of dollars for your children and grandchildren.

ALL IRA owners can use the Uniform Table to determine their annual required minimum distributions for 2001 and later years. To determine your required distribution for this year:

(A) Take your account balance as of the end of the preceding calendar year;
(B) divide the account balance by the "applicable divisor" for your age on your birthday which occurs this year.

This table does not apply to beneficiaries of a deceased IRA owner; or if the sole beneficiary of the IRA is the participant's spouse who is more than 10 years younger than the participant. This table may not be used for year 2000 distributions taken in 2000 or 2001.

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