Why is it important to distinguish between a spouse
beneficiary and a non-spouse beneficiary of an IRA? It’s important because
non-spouse beneficiaries do not have the same distribution options as spousal
beneficiaries. A few key differences are discussed below.
Take RMDs as a
Beneficiary
Spousal IRA
beneficiaries are not required to treat IRAs they inherit from a deceased
spouse as their own. They may be significantly younger and need to withdraw IRA
assets to live on but they also want to avoid an IRS early distribution
penalty. Assume Mary passes away at age 58 and her husband Ben is the
beneficiary of her IRA. The IRA contains significant assets but Ben is only 35
years old and he needs the IRA money to live on. If he elects to treat the
inherited IRA as his own, he will not only owe income taxes on any
distributions, he will also owe a 10% early distribution penalty because he is
under 59½ and no other exception applies. In this case, Ben is likely better
off taking required minimum distributions (RMDs) as a regular beneficiary.
Should his situation improve a few years down the road, Ben can later elect to
treat the IRA as his own and roll it into his own IRA, basically “turning off”
the RMD requirement until he reaches age 70½. However, a spousal rollover is a
one-time irreversible election so Ben needs to consult with his distribution
expert and make an informed decision.
Retitling – Treat
As Your Own
A spouse beneficiary may elect to treat the deceased
spouse’s IRA as his or her own by simply having the IRA retitled with the
surviving spouse’s name. Only spousal beneficiaries have this option available
to them.
Rollovers
A spousal rollover permits the surviving spouse to rollover
the inherited IRA into his or her own existing IRA. To illustrate, assume Mary
is the beneficiary of her husband Ben’s IRA. Ben passes away and Mary elects to
rollover Ben’s IRA into her own because she is only 62 years old and she wants
to delay her required minimum distributions from Ben’s IRA until she reaches
age70½. Mary may now name her young grandchildren as the beneficiaries,
creating the opportunity for a multi-generational IRA strategy that allows them
to enjoy tax-deferred distributions over their individual life expectancies. No
other type of IRA beneficiary has this option. *IMPORTANT: a spousal rollover
is a one-time, irreversible election.
60-Day Rule
A spousal IRA beneficiary has the advantage of the 60-day
rollover rule. Using Ben and Mary as an example, assume Mary passed away and
Ben withdrew the IRA assets. Ben has 60-days to complete a rollover and deposit
the funds into his own IRA. In this case, to avoid rollover errors, Ben may
simply choose to retitle Mary’s IRA as his own rather than engage in a rollover
transaction.
A 60-day rollover option is never available to non-spouse IRA
beneficiaries. Once a distribution is made to the non-spouse, it is irrevocable
and fully taxable.
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