Inheriting a parent's IRA or 401(k)? Here's how the Secure Act could create a disaster
Beneficiaries of individual retirement accounts may not see their inheritances for a decade under the newly passed Secure Act, and when they do get the money, they may be taxed heavily for it.
Under the new retirement legislation, which was signed into law just days before Christmas, beneficiaries of inherited IRAs will need to withdraw that money within 10 years — that is, if they have access to it at all within that time.
Previously, nonspousal beneficiaries could opt to take only required minimum distributions over their life expectancy, rather than taking all the money within five years. (Required minimum distributions are calculated with factors such as the beneficiary’s age, life expectancy and account balance.) That tax-advantaged possibility disappears with the Secure Act, which only allows one option: up to 10 years to drain the account.
After the 10th year, any money that is left must be taken and the account closed, regardless of the tax consequences.
This provision can be especially dangerous for people who are inheriting an IRA through a trust, said Jamie Hopkins, director of retirement research at wealth management firm Carson Group in Omaha, Neb. Account holders may have set up a loved one’s inheritance through a “conduit” or “pass through” trust, which would dictate that the beneficiary can only receive the required minimum distribution every year and no more.
A trust like this protects the beneficiary from withdrawing too much and wasting the money, Hopkins said, and the original owners of the IRA may see a trust as advantageous if the beneficiary is a young adult or a spendthrift.
But under the Secure Act, there are no required minimum distributions for inherited IRAs (known as the “stretch IRA”). With the new law, beneficiaries need only ensure all of the money is taken out within 10 years. These rules also apply to inherited 401(k) accounts, regardless of whether they are rolled into IRAs, as well as Roth IRAs.
The only technical required minimum distribution is after the 10th year, which would be the remaining balance. In the case of an inherited IRA through a trust, that would be the entire amount, with no opportunity to take out money during the 10-year wait.
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