Your individual retirement account will provide a nest egg that you can draw from after you put your working years behind you. If there is something left in the account after your passing, it will be transferred to a beneficiary that you designate.
There are rules with regard to individual retirement account beneficiaries, and there was a significant change when the SECURE Act was enacted at the end of 2019. We will explain the details here, but first, we will provide some background information about these accounts.
Traditional Individual Retirement Accounts
A traditional IRA is funded with pretax income, and this is advantageous while you are working because you pay taxes on less income. Distributions are taxable, but the idea is that you will take them when you are in a lower tax bracket after you retire.
You can make penalty free withdrawals when you are 59.5 years of age, and you are required to take minimum distributions when you are 72. The required distribution age was raised from 70.5 to 72 via the SECURE Act, and there was another beneficial provision.
Prior to the enactment of this measure, traditional account holders had to stop contributing into their accounts when they were 70.5 years old. Now, you can continue to contribute into your traditional IRA as long as you are earning income.
As a result, you can make ongoing contributions to replace or partially replace the required minimum distributions.
Roth Individual Retirement Accounts
The timing of the taxation is reversed when you have a Roth IRA. You contribute into the account after you have paid taxes on your income, so distributions are not taxable.
Since the taxes have already been paid, you can withdraw the contributions at any time without being taxed regardless of your age. The 59.5 threshold does apply to distributions from the earnings in a Roth individual retirement account.
There are no required distributions for people that have Roth IRAs.
IRA Rules for Beneficiaries
Non-spouse beneficiaries are compelled to take required minimum distributions, and this applies to both types of accounts. The monies that are extracted from a Roth account are received tax-free, and distributions from a traditional account to a beneficiary are taxable income.
These accounts benefit the original account holder because they can grow in a tax-free or tax-deferred manner. This also applies to the beneficiary, so it would behoove a beneficiary to keep the account open as long as possible to maximize the benefits.
Prior to the enactment of the SECURE Act, they could implement the “stretch IRA” strategy and accept only the minimum that was required by law for the maximum length of time. Unfortunately, a provision contained in this measure put an end to the practice.
Now, you have to move all assets out of an inherited individual retirement account within 10 years of the time that you acquire the IRA.
Attend a Free Webinar!
You will find a lot of good information on this blog and the rest of the website, and we provide learning opportunities through additional channels. We conduct webinars on an ongoing basis that explain important aspects of the estate planning and nursing home asset protection process.
These are complimentary events, and we also conduct free in-person seminars from time to time. You should definitely join us if you would like to walk away with some useful information as you make an initial connection with our attorney Hunter Montgomery.
The dates for the online events are posted on our webinar schedule page, and we also have a seminar page that you can visit if you are interested in a live and in-person learning opportunity.
Need Help Now?
If you are prepared to take the final step and work with a Hilton Head estate planning lawyer to put a plan in place, our doors are open. You can send us a message to request a consultation appointment, we can be reached by phone at 843-815-8580.
Hunter is a member of the South Carolina Bar Association, the Beaufort County Bar Association, and has served on charitable and advisory boards in the Bluffton/Hilton Head area.
Hunter graduated from Hilton Head High School. He then earned his Bachelor of Science Degree in Economics from Clemson University, in Clemson, South Carolina.
Hunter graduated Cum Laude from Regent University School of Law in Virginia Beach, Virginia, having earned a Juris Doctor Degree. He also wrote his doctorial thesis on Estate Planning Dynasty Trusts.
Hunter has called Beaufort County home for since 1984, where he lives with his wife and two children.In his spare time he dabbles in automobiles, reading history, hunting and fishing.
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