Basically Posted June 21 Report Share Posted June 21 I have read: (1) that a younger beneficiary of a deceased plan participant is entitled to take a lump sum distribution and not be subject to the 10% premature distribution tax because the deceased participant was older than 59-1/2. (2) But then I also read that "the lump sum you receive will be subject to local, state and federal income tax. However, you will not have to pay the 10% early withdrawal tax even if you and/or the deceased person are under 59 ½" That seems fair to me, but then I don't decide what is fair. Is #2 correct? And on the side, the spouse of the beneficiary has no bearing at all on any tax matters. Link to comment Share on other sites More sharing options...
Popular Post C. B. Zeller Posted June 21 Popular Post Report Share Posted June 21 Distributions paid to a beneficiary of a deceased participant are exempt from the 10% early withdrawal tax. IRC 72(t)(2)(A)(ii) Bri, Luke Bailey, CuseFan and 2 others 5 Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co Link to comment Share on other sites More sharing options...
Luke Bailey Posted June 21 Report Share Posted June 21 5 hours ago, C. B. Zeller said: Distributions paid to a beneficiary of a deceased participant are exempt from the 10% early withdrawal tax. IRC 72(t)(2)(A)(ii) And Basically, it has to be on account of the death. Meaning if the money comes to the beneficiary directly from the decedent's qualified employer plan account or from the decedent's IRA, fine, no 10% tax at any age. But if the beneficiary rolls it over, even without commingling with any other assets, and then later takes a distribution from the rollover account, it may, in fact, still be the money left to the beneficiary by the decedent, plus a little earnings, but it does not enjoy the death benefit exception from the 10% tax. Bill Presson and acm_acm 2 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
Basically Posted June 22 Author Report Share Posted June 22 perfect, thank you. Link to comment Share on other sites More sharing options...
Lou S. Posted June 23 Report Share Posted June 23 On 6/21/2022 at 2:12 PM, Luke Bailey said: And Basically, it has to be on account of the death. Meaning if the money comes to the beneficiary directly from the decedent's qualified employer plan account or from the decedent's IRA, fine, no 10% tax at any age. But if the beneficiary rolls it over, even without commingling with any other assets, and then later takes a distribution from the rollover account, it may, in fact, still be the money left to the beneficiary by the decedent, plus a little earnings, but it does not enjoy the death benefit exception from the 10% tax. I believe you can roll to an inherited IRA and retain the death benefit exemption from the 10% tax. But if the spouse treats it as his or her own it loses the death benefit status. Luke Bailey and Appleby 2 Link to comment Share on other sites More sharing options...
Appleby Posted June 25 Report Share Posted June 25 On 6/21/2022 at 5:12 PM, Luke Bailey said: And Basically, it has to be on account of the death. Meaning if the money comes to the beneficiary directly from the decedent's qualified employer plan account or from the decedent's IRA, fine, no 10% tax at any age. But if the beneficiary rolls it over, even without commingling with any other assets, and then later takes a distribution from the rollover account, it may, in fact, still be the money left to the beneficiary by the decedent, plus a little earnings, but it does not enjoy the death benefit exception from the 10% tax. Hi Luke, That is true, if the beneficiary is the surviving spouse who rolls the amount to his/her own IRA/retirement account. No other beneficiary may rollover an inherited IRA or other inherited retirement account- except for a direct rollover from an employer plan- and even then the rollover must be a direct rollover to a beneficiary IRA, which retains the exception to the 10% penalty. Life and Death Planning for Retirement Benefits by Natalie B. Choatehttps://www.ataxplan.com/life-and-death-planning-for-retirement-benefits/ www.DeniseAppleby.com Link to comment Share on other sites More sharing options...
Luke Bailey Posted June 26 Report Share Posted June 26 On 6/25/2022 at 3:01 PM, Appleby said: the rollover must be a direct rollover to a beneficiary IRA, which retains the exception to the 10% penalty. Good to highlight that point, Appleby. Appleby 1 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
Basically Posted Wednesday at 02:55 PM Author Report Share Posted Wednesday at 02:55 PM Got it. Link to comment Share on other sites More sharing options...
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