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Posted

Can a non-spousal beneficiary withdraw more than the required amount?   Plan does not allow for partial distributions after termination.  The RMD is about $500 and she wants to take $5,000.     IF she can, would the whole distribution be taxed at 10% or just the RMD amount?    

Posted
Quote

Plan does not allow for partial distributions after termination.

Isn't this your answer right here? That is the Plan does not allow it.

If the Plan allows for partial distributions the amount above the RMD is subject to 20% withholding assuming it is eligible for rollover.

As for taxes owed it would be ordinary income but since it is a death benefit distribution it would not be subject to the 10% penalty on early distribution regardless of the beneficiaries age.

I would assume beneficiary could take the whole account and could probably roll to Inherited-IRA.

Posted

There are lengthy debate threads on the question is the RMD amount a minimum and you can take more vs it is simply the amount authorized to be taken on this board. 

I am with Lou on this one.  Unless the plan has an in-service provision you take the RMD and not more.  

I have a few plans were the plan attorney has said the RMD is just a floor and you can pay more than the RMD.

For a long debate read this.

 

Posted

Also check the plan document for language about distributions to beneficiaries.  Just because "Plan does not allow for partial distributions after termination" doesn't mean a beneficiary doesn't have a continuous right to withdrawals (i.e. partials).  The "termination" language is irrelevant (unless there isn't any language about distributions after death, in which case you might look to the termination language).

Ed Snyder

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