Does Potential IRS Change Have an Impact on Estate Plan?
The new federal regulation would require many people who inherit money through traditional IRAs, as well as 401(k)s, 403(b)s, and eligible 457(b)s to withdraw funds from the accounts every year over a 10-year period, according to The Wall Street Journal.
Money Talks News’ recent article entitled “How an IRS Change Could Hurt Your Heirs” says that the change would apply to most beneficiaries other than spouses, and would apply to those who inherited money after 2019.
Children 21 and older, grandchildren and most others who get money from an affected account would need to follow the new regulations or rules.
The proposed change would require beneficiaries to take minimum taxable withdrawals every year for 10 years from their inheritance in situations where the original account owner died on or after April 1 of the year of his or her 72nd birthday.
These withdrawals, technically known as required minimum distributions (RMDs), must deplete the account within the 10-year period.
Heirs would pay a penalty of 50% on any RMD amounts they didn’t withdraw according to the schedule defined by the new IRS rules.
The proposed change has the potential to leave your heirs less wealthy. The reason is because the money you bequeath to heirs would have less time to grow in tax-advantaged accounts before they would be forced to withdraw it.
Over time, this can make a big difference in how much money they accumulate from the initial amount you leave them. In addition, this could allow any creditors of your beneficiaries to seize the mandatory payments, making it harder to asset protect these accoutns without a retirement trust. In such cases, a retirment turst may still be a good idea.
The proposed rules are designed to clarify changes resulting from the federal Secure Act of 2019.
If the IRS moves forward with the changes, the new rules will add to the growing number of reasons why it makes sense for some people to consider putting money into a Roth IRA instead of a traditional IRA.
With a Roth IRA, the account owner pays taxes upfront As a result, heirs won’t owe any taxes on the money they inherit. Therefore, the new rules wouldn’t apply to Roth IRAs.
BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.
If you liked this article, “Does Potential IRS Change Have an Impact on Estate Plan?” read also these additional articles: Understanding the Issues of Elder Law and What are the Advantages of a Business Trust? and What Is the Best Asset Protection? and What Happens If My Partner Dies and We’re Not Married?
Reference: Money Talks News (May 13, 2022) “How an IRS Change Could Hurt Your Heirs”
