A Safer Retirement and Environment – What We’re Implementing to Help Keep You Safe: READ MORE

Here at Asset Preservation Capital, LTD, we are adhering to state and local guidelines in order to protect both the health and safety of clients and staff. Keeping our clients and staff safe is our highest priority and we’re taking all appropriate measures to ensure a safe environment. Should you prefer to not meet face-to-face, we are continuing to serve our clients through virtual settings such as Zoom or phone call.

We look forward to continuing to help individuals and families achieve their ideal retirements.

Asset Preservation Capital, LTD
(248) 649-4759

By Ian Berger, JD
IRA Analyst

Question:

Ed and team,

I am sure my question has been asked by others.  Now under the SECURE Act with no more stretch features to an inherited IRA, if a person dies and leaves his IRA to a child and that child waits 9 years and 11 months after the year of death and named his children (taxpayer’s grandchildren) as his successor beneficiaries, do they have only one month to clean out the IRA or does the 10 year period begin all over.

Thanks for your help and keep putting out the good advice

Jay

Answer:

Dear Jay:

Assuming the child is not a minor, then the child is subject to the 10-year payout rule under the SECURE Act. That 10-year period does not start over again for the grandchildren as successor beneficiaries. So, if the child dies 9 months and 11 months after the owner’s death, any remaining IRA funds do have to be paid out to them within one month. On the other hand, If the IRA had been left to a minor child or spouse (or other beneficiary eligible for the stretch), then the grandchildren would have a 10-year payout period.

Question:

Can you take a coronavirus-related distribution (CRD) under the CARES Act from an inherited IRA and pay it back over 3 years? Thanks.

Answer:

The IRS has made it clear that a beneficiary of an inherited IRA cannot usually repay a CRD. There is an exception for spousal beneficiaries who are affected by COVID-19. This is consistent with the rule that nonspouse IRA beneficiaries cannot do rollovers.

https://www.irahelp.com/slottreport/secure-act-successor-beneficiary-rules-and-paying-back-coronavirus-related-distributions