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Roth Ira Distribution Rules

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The distribution advantages of a Roth IRA extend beyond the death of the IRA owner. But to make sure the spouse and children can benefit, things have to be set up properly. Here is a summary of the Roth IRA distribution rules at death.

Many people do not like the requirement that a traditional IRA must start required minimum distributions (RMDs) at age 70 1/2. Perhaps they don't need the income yet. Maybe they would just as soon let the IRA continue to grow. In any event, the RMDs are taxable. Depending on the circumstances, they may even make part of Social Security retirement benefits taxable.

RMDs during the life of the Roth IRA owner are not required. If and when income is needed, withdrawals can be made, but there is no IRS requirement.

When the Roth IRA owner dies, RMDs must begin. When they are required to begin and how the distributions are received is a function of several factors.

Your Spouse is the Beneficiary

If your spouse is the sole beneficiary of your Roth IRA, your spouse can make an election to be treated as the owner of your Roth IRA. In this case, RMDs can further be postponed until the spouse's death.

Note the word ?sole? beneficiary, as this is an area where a mistake could inadvertently be made.

For example, let's say you named your spouse and your children as beneficiaries. The spouse would be prohibited from making the ownership election and RMDs would be required over the life expectancy of the spouse, thus reducing (the spouse could die before their expectancy) or exhausting the Roth IRA balance altogether. So much for your desire to leave part to the children.

If the Roth IRA owner dies before age 70 1/2, the spouse doesn't have to start the RMDs until the IRA owner would have reached age 70 1/2. Here is another area where the spouse needs to pay attention. If RMDs are not started when required (or less than the required amount is taken out), the penalty tax is a whopping 50% of the difference between what was required and what was withdrawn.

If your desire is to extend the RMDs all the way to the death of your spouse, here is another ?heads up?. Let's say you named a trust as the beneficiary of your Roth IRA. Even if your spouse is the sole beneficiary of the trust, the election to have the spouse treat your Roth IRA as their own cannot be made. There technically may be a work-around (a rollover), but why not just set things up right from the start?

A Person Other Than Your Spouse is the Beneficiary

In this case, distributions must be made over the remaining life expectancy of the beneficiary. If there is more than one beneficiary, the life expectancy of the oldest is used. If the beneficiary is a trust with multiple beneficiaries, the oldest beneficiary's life expectancy is also used.

Another caution: If an entity other than an individual is a beneficiary of an IRA (even if an individual is also a beneficiary), the IRA is treated as having no beneficiary. The distribution requirements for an IRA with no beneficiary are outlined below.

Probably the most common scenario involving a ?non-person? is a charity. If you name a charity as one of the beneficiaries, the distribution rules are different and may be contrary to your desires. The solution is to roll part of your IRA over to a new one and name the charity as the sole beneficiary.

No Beneficiary

Where no beneficiary is elected, the entire distribution must be made over five years. This five year rule would also apply even if there were a beneficiary and the distributions were not started when the rules dictated they must start.

As I hope you can see, there are several ways to make mistakes which would have the distributions occur in a much different manner than your wishes. These examples are my interpretation of the rules and cannot be relied upon for tax advice. I would recommend sitting down with your financial planner, your accountant and an estate planning attorney to make sure everything is set up properly.

Roth Ira Distribution Rules

1. Did the IRA owner die before or after the ?required beginning date??

2. Who is the beneficiary?

In order to carry out the wishes of the IRA owner, evaluating both practical and estate planning implications of various decisions during the IRA owner's life is essential. Important choices occur when the IRA owner makes his beneficiary election and, if married, by the spouse after the death of the IRA owner.

If you do not know the rules as they pertain to your choices, you are shooting in the dark. The wrong decision can cost money and likely cause the distribution of your IRA to be different than you would want.

Let's make sure you know the rules of the game.

The first element is the required beginning date. For traditional IRAs, SEPs, SIMPLEs, this is Aril 1st of the year after turning 70 1/2. This rule does not apply to Roth IRAs, which have rules of their own.

There are several broad categories of beneficiaries:

1. The spouse.

2. A non- spouse beneficiary.

3. No beneficiary.

Let's take each of these beneficiary elections and see how distributions are treated, depending on whether the IRA owner dies before or after the required beginning date.

The Spouse as Beneficiary

If the spouse is the only beneficiary, he or she can make an election that has a bearing on when the distributions must begin. The election is to treat the owner's IRA as if it were their own.

Heads up: This election choice is unavailable if a trust is the beneficiary of the IRA, even if the spouse is the only beneficiary of the trust. A rollover may circumvent this problem.

If the IRA owner dies before the required beginning date, the spouse is the only beneficiary and the election made, the required distributions don't have to begin until the IRA owner would have turned 70 1/2. The spouse would probably elect to apply this rule if the IRA owner was younger.

If the spouse elects not to be treated as the owner, the required minimum distributions (RMD) start right away and are based on the remaining life expectancy of the spouse. When the spouse dies, the distributions continue using the remaining life expectancy of the spouse.

If the IRA owner dies after the required distribution date and the spouse does not make the election, the distribution must be made over the life expectancy of the spouse; however, the life expectancy of the IRA owner can be used any year it is greater. Taking the attained age of the IRA owner at death and looking in a table determines the life expectancy. Then each year you subtract one. The point here is that the spouse needs to make a comparison every year to obtain the longest pay out.

The ?takeaway? from this is that knowledge allows for good decisions. The best choice will depend on how old the IRA owner is when they die, the age of the spouse, health status and whether or not there are children or grandchildren to provide for in a distribution.

Non-Spouse Beneficiary

Distributions are required over the remaining life expectancy of the beneficiary if the IRA owner dies before the required beginning date. If there is more than one beneficiary, the oldest is used.

Heads up: Let's say the IRA owner is a widow age 80. She names her sister, age 82, and her children, ages 55, 58 and 60 as beneficiaries. Her desire to help her sister causes the IRA to be distributed over the remaining life expectancy of an 82 year old?probably much quicker than desired.

If the IRA owner dies after the required beginning date, the distributions must be made over the longer of the remaining life expectancies of the owner or beneficiary.

No Beneficiary

If the IRA owner dies before the required beginning date, the entire IRA account must be paid out over five years.

If death occurs after the required distribution date, distributions simply continue over the remaining life expectancy of the IRA owner.

I think you can see there are a number of scenarios possible. When you combine this with the complexities of the IRA distribution rules, it makes good sense to sit down with your financial planner, tax attorney and accountant and make sure your IRA, SEP or SIMPLE IRA is coordinated with your estate plan and the most probable distribution pattern coincides with your desires.

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Robert D. Cavanaugh, Clu has sinced written about articles on various topics from Family, Finances and Life Insurance Annuity. Robert D. Cavanaugh, CLU is a 36 year financial and estate planning veteran and author of the free newsletter, ?The Estate Preservation Advisor?. To subscribe and get the free video, ?How to Sell Your Life Insurance Policy for More Than the Cash Value?,. Robert D. Cavanaugh, Clu's top article generates over 8100 views. Bookmark Robert D. Cavanaugh, Clu to your Favourites.

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