katieinny Posted July 23, 2019 Posted July 23, 2019 An IRA holder is age 66. His siblings are his beneficiaries (he is not married). He wants to start taking life expectancy distributions, but I noticed that the Uniform Life Table starts at age 70. Must he use the single life table to determine life expectancy distributions?
Bird Posted July 23, 2019 Posted July 23, 2019 He can use whatever he wants to determine his distributions before his RBD - any table, any age on any table, a random number generator, whatever. Ed Snyder
katieinny Posted July 23, 2019 Author Posted July 23, 2019 We want to be accurate about this because of the Medicaid rules. They will not treat the IRA as an exempt asset if he isn't on a life expectancy distribution schedule. We'd like to make sure that he doesn't take more than he has to, so using a joint table will help. I was surprised when I saw that the uniform life table doesn't go lower than 70.
Lou S. Posted July 23, 2019 Posted July 23, 2019 Isn't the Uniform Life Table simply a subset of Table II where the beneficiary is assumed to be 10 years younger than the IRA owner?
Peter Gulia Posted July 23, 2019 Posted July 23, 2019 If your client wants an IRA asset not to be counted for one or more Medicaid purposes, a relevant measure might be none of the tables established for minimum-distribution rules under Internal Revenue Code of 1986 § 401(a)(9) and provisions that refer to it. A State’s Medicaid program might use different rules and measures for how much one may, must, or must not receive from a retirement account. Some of Medicaid’s law is Federal law, and some is State law. You might find the law in a combination of statutes, rules or regulations, other administrative-law interpretations, and court decisions. The law varies considerably from State to State. Appleby 1 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Luke Bailey Posted July 24, 2019 Posted July 24, 2019 Fiduciary Guidance Counsel makes a good point, katieinny. I was not familiar with the issue and based on his post I Googled what I thought might be a good search and turned up (a) a NY state life expectancy table, (b) lots of offers of annuities by insurance companies, and (c) an article indicating that, at least in most states, to not be counted as a transfer the annuity must be irrevocable, which would mean purchase of an actual contract. So I think the bottom line is you need to investigate your state's rules. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
R Griffith Posted July 24, 2019 Posted July 24, 2019 I remember having a .pdf document of all the divisors but couldn't locate it. However, a google search provided this result, which I believes provides the information you are looking for (baring the exceptions others have provided regarding the rules you may need for State law). http://www.annuityadvisors.com/reference/detail/rmd-table?refid=96
Bird Posted July 25, 2019 Posted July 25, 2019 17 hours ago, Luke Bailey said: an article indicating that, at least in most states, to not be counted as a transfer the annuity must be irrevocable, which would mean purchase of an actual contract. !!! And this makes sense, since simply taking a distribution based on a table could be stopped at any time. Ed Snyder
Kelley Schieffelin Posted May 8, 2020 Posted May 8, 2020 Sect. 8 rules, governing certain Federally subsidized housing, include retirement accounts to count as income. Can it be counted if this applicant has not reached the 59.5 age to have access to these retirement funds?
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