Christine Roberts Posted May 31, 2000 Posted May 31, 2000 A spouse who is the beneficiary of her spouse's IRA elects to treat the IRA as her own upon the spouse's death. If the spouse names the children of the decedent's prior marriage as irrevocable beneficiaries of the IRA, is this a taxable transfer? If it were a qualified plan, I believe the anti-alienation provisions would prevent a completed gift but I am not sure what the rule is in the IRA context. ------------------
Guest Taxcontrol Posted May 31, 2000 Posted May 31, 2000 I believe you are making this much more complicated than it is. If the wife rolls over her deceased husband's IRA into her own, she starts from scratch and can name any beneficiaries she chooses. There are no taxable events until the wife takes her first distribution at her RBD or the beneficiaries start receiving payouts upon her death, whichever comes first. Don
Christine Roberts Posted May 31, 2000 Author Posted May 31, 2000 The idea behind the question is that an irrevocable designation is needed to get the surviving spouse to name, as beneficiaries, someone she may not want to name voluntarily, such as children from the participant spouse's prior marriage.
Guest Jae Posted June 1, 2000 Posted June 1, 2000 There is no tax because nothing is actually transferred. The spouse can take any amount she wishes from her IRA, and could thereby "disinherit" the children entirely. Incidentally, this possibility makes the irrevocable beneficiary designation a poor instrument to use to protect the children. ------------------ Jeffrey Ellis Attorney Milwaukee, WI
KJohnson Posted June 1, 2000 Posted June 1, 2000 I agree with JAE. In some instances "qualified disclaimers" could accomplish your goal. See GCM 39858 and Section 2518(B) of the Code. I haven't looked at this in a while, but I think that the husband would have had to name his children from a prior marriage as contingent beneficiaries and the surviving spouse could not have taken "possession" of the IRA for this to work. This could be used as a method for the spouse to immediately "give" the IRA to the children from the previous marriage and incur no tax. Of course, there would be tax consequences to the children from the previous marriage and they would presumably have to take non-spouse MRDs. This is a tricky area so be careful. (This also works in a qualified plan context--IRS says that qualified disclaimers do not violate anti-alienation).
John Olsen Posted June 2, 2000 Posted June 2, 2000 If W is primary beneficiary of H's IRA, with Children as continent beneficiaries, and H dies after RBD, children can take, but their RMD is based upon W's life expectancy, not their own. The facts situation you describe suggests that the IRA be payable to a QTIP Trust. Of course, you lose the spousal rollover opportunity, but you're going to lose that opportunity unless you want to give the spouse the right to behave as if this money is hers because it becomes just that. ------------------ John L. Olsen, CLU, ChFC Olsen Financial Group St. Louis, MO 314-909-8818 John L. Olsen, CLU, ChFC Olsen Financial Group St. Louis, MO 314-909-8818
John Olsen Posted June 2, 2000 Posted June 2, 2000 I forgot to specify, in my previous post, that the children can take at H's death IF W DISCLAIMS. But the disclaimer doesn't alter the fact that, if W was the primary beneficiary at H's RBD, HER life expectancy, not the eldest child's, is used for RMD purposes. ------------------ John L. Olsen, CLU, ChFC Olsen Financial Group St. Louis, MO 314-909-8818 John L. Olsen, CLU, ChFC Olsen Financial Group St. Louis, MO 314-909-8818
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