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If you participate in a 401(k) or other employer plan, you have to
designate who receives the assets when you die. Typically, you'll name
your spouse, though you might also choose a child, grandchild, or
favorite niece or nephew. You can also decide to spread the wealth by
designating multiple beneficiaries. Yet while the choice is yours, keep
in mind that it could have tax implications.
In the not-so-distant past, tax rules clearly favored
spousal beneficiaries. Then as now, a spouse could roll over inherited
funds tax-free into his or her own IRA, and required minimum
distributions (RMDs) would be based on that person's life expectancy.
Until a recent rule change, though, anyone other than a spouse who
inherited the account had much less palatable choices. Non-spouses had
to take an immediate lump-sum distribution, often resulting in a
massive tax bill, or empty out the account within five years, which was
only slightly less punishing.
But then came the Pension
Protection Act of 2006 (PPA). It lets a non-spouse roll over funds from
the decedent's account, much as a spouse would, although there are a
few extra wrinkles.
Initially, the IRS interpreted the
PPA provision to mean that a non-spouse beneficiary who inherited a
401(k) could roll it over only if the plan sponsor agreed to
accommodate the transfer. That's not what Congress had intended,
though. Under new proposed legislation, this option would become
mandatory for non-spouse beneficiaries in all 401(k) plans, effective
January 1, 2009.
However, calling the post-death transfer
of funds a rollover is a bit of a misnomer. It is actually a transfer
from one account to another that must remain titled in the name of the
decedent. For instance, suppose that Jack Hill inherits an account from
his aunt Jill. The name on the IRA should read, "Jack Hill as
beneficiary of Jill Hill." In contrast, if Jack had been Jill's spouse,
the IRA could have been titled as if he had owned it all along.
More
significantly, the asset switch must be a direct "trustee-to-trustee"
transfer. A non-spouse beneficiary can't touch the funds or take 60
days to redeposit them in an IRA the way a spousal beneficiary could.
Also unlike a spousal heir, a non-spouse can't move the cash into an
existing IRA. The funds must be deposited in a new IRA set up for this
purpose. Finally, a non-spouse beneficiary can't wait until age 70½ to
begin taking RMDs. This option is still available only to spousal
beneficiaries.
Despite these restrictions, non-spouse
beneficiaries get a huge lift from the PPA. For example, if you've
named your 50-year-old child as a beneficiary, he or she should be able
to stretch out withdrawals from the account based on a life expectancy
of 34 years, according to IRS-approved tables. That's a whole lot
better than a forced five-year withdrawal.
The exact
calculation depends on whether the IRA owner had started receiving RMDs
before death. This is a complex area of tax law. But we are here to
help you ensure that your heirs get the full benefit of your generosity.
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This article was written by a professional financial journalist for Merriman Berkman Next and is not intended as legal or investment advice.
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