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“In this article, we are focusing on non-spouse beneficiaries who inherited IRAs from people who died after Dec. 31, 2019. This group is now known as ‘non-eligible designated beneficiaries’ and will feel the biggest impact of [the SECURE Act]. The now-infamous ‘10-year rule’ applies to them. At the highest level, it says that the retirement account must be emptied by Dec. 31 10 years after the date of death. This accelerates distributions for many, which can have adverse tax consequences, and it requires a new level of tax planning to maximize after-tax income…
When the initial SECURE Act went into effect, it didn’t appear to matter when the account owner died. The 10-year rule applied to all non-eligible designated beneficiaries. If an account owner died in 2020, the beneficiary account would have to be emptied by Dec. 31, 2030. How and when the beneficiaries took those distributions didn’t matter. IRS Publication 590-b reinforced this point.
However, in February 2022, the IRS issued proposed regulations seeking to split this new group of beneficiaries into two: those who inherited from a decedent before their [required minimum distributions (RMDs) started] and those who inherited from a decedent who died after their [RMDs started]:
If the decedent died before their required beginning date: The 10-year rule, as it was initially interpreted, stands. The account must be fully withdrawn by Dec. 31 of year 10. In years one through nine you are not required to do anything. This would lead the competent planner to increase distributions in lower-income years and decrease distributions in higher-income years to mitigate the tax consequences of withdrawals.
If the decedent died after their required beginning date: The 2022 proposed regulations, emphasis on ‘proposed,’ introduce an additional component: regular stretch distributions. The beneficiary would have to take RMDs as they would have before SECURE 1.0, in every year. Any additional amounts left in the account would have to be fully distributed at the end of the 10-year period.”
The process for non-spouse inheritors of IRAs has gotten more punitive from a tax standpoint and is slightly more complicated after SECURE Acts 1 and 2. Instead of keeping those investments in a tax-deferred account and stretching out required distributions over their lifetime, they now have to be distributed over 10 years. However, the amounts are dependent on the age of the decedent.
This was a nice clean explanation of the 10-year rule and how the IRS through publication and now proposed regulations impacts the distribution rules for heirs. It also touches on the benefit of an advisor for tax-efficient withdrawal strategies.
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