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What You Need to Know

  • The final rules confirm that beneficiaries subject to the 10-year rule must take a distribution each year.
  • With the final rules, retirement accounts are even more complicated to deal with, says Ben Henry-Moreland of Kitces.com.
  • Treasury and IRS also issued proposed regs addressing additional RMD issues under the Secure 2.0 Act.

The Internal Revenue Service and Treasury Department released final rules late Thursday updating the required minimum distribution rules for beneficiaries under the 10-year rule. The rules confirm that most IRA beneficiaries must take a distribution in each of the 10 years after the account holder’s death, emptying the account in that period.

Related: Jeff Levine on What to Know Now About IRS’ Final RMD Regs

The final regulations reflect changes made by the Setting Every Community Up for Retirement Enhancement (Secure) and Secure 2.0 Acts affecting retirement plan participants, IRA owners and their beneficiaries.

The final regs relate to RMDs from qualified plans; section 403(b) annuity contracts, custodial accounts, and retirement income accounts; individual retirement accounts and annuities; and certain eligible deferred compensation plans.

While there are “a TON of new rules” with the new IRS guidance, “nothing here is game-changing from a planning perspective,” Ben Henry-Moreland, senior financial planning nerd at Kitces.com, said in a LinkedIn post. “The biggest thing — that noneligible designated beneficiaries subject to the ’10-year rule’ will need to take RMDs each year — is a confirmation of what we already knew.”

Treasury and IRS explained that while certain changes were made in response to comments received on the proposed regs issued in 2022, the final regs “generally follow” those proposed regs.

Specifically, Treasury and IRS states that they “reviewed comments suggesting that a beneficiary of an individual who has started required annual distributions should not be required to continue those annual distributions if the remaining account balance is fully distributed within 10 years of the individual’s death as required by the SECURE Act.”

Treasury and IRS determined that the final regs “should retain the provision in the proposed regulations requiring such a beneficiary to continue receiving annual payments.”

‘Insanely Complicated’

The final rules, however, make “retirement accounts (even more) insanely complicated to deal with on a practical level,” Henry-Moreland added in the LinkedIn post.

For example, “spousal beneficiaries now have 3 different options of how to treat their deceased spouse’s retirement account, each with its own RMD calculation (and associated pitfalls),” Henry-Moreland wrote. “It’s a choose your own adventure of tax planning, just what everyone wanted!”

Added Henry-Moreland: “They say being an advisor is more about being a thinking partner and life coach than living in the numbers, but there’s going to be real value going forward in internalizing, say, what the tax treatment for a trust as beneficiary of an IRA will be depending on how it provides for income to be distributed to its beneficiaries. Score one for the nerds here.”

More to Come

Jeff Levine, lead financial planning nerd at Kitces.com, said in a lengthy thread on X that “at only 260 pages, there are almost certainly going to be a lot of things NOT covered by the Regs that IRS will need to address in the future.”

As to No. 1 question advisors have asked for two-plus years now: “Are ANNUAL distributions required DURING the 10-Year Rule?” Yes, Levine said, “IF death occurred on or after the RBD.” Also, as a “Reminder: Thanks to Notices 2022-53, 2023-54, and 2024-35, this rule won’t actually begin to apply until next year (2025).”

Levine added: “So, to be clear, no RMDs during the 10-Year Rule from 2021 – 2024.”

New Secure 2.0 RMD Proposal

Treasury and IRS also issued proposed regulations Thursday addressing additional RMD issues under the Secure 2.0 Act.

Treasury and IRS are soliciting public comments, including provisions addressing other changes relating to RMDs made by the Secure 2.0 Act. For details on how to submit comments, see the proposed regulations.

Next Up: 529-to-Roth Rollovers

As to new regulations on rollovers of unused 529 plan funds to Roth IRAs, ”Sorry,” Henry-Moreland said. “We’ll be waiting with bated breath for the next IRS rule drop!”


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