prof Posted October 8, 2021 Posted October 8, 2021 My wife and I got married earlier this year. She is not a US citizen and is living in Sri Lanka. I want to add her to my 401K plan as a beneficiary. When I try to do that, it requires a SSN or TIN. Is there any other way to do this? Can I write a will instead that leaves everything to her?
401king Posted October 8, 2021 Posted October 8, 2021 Sounds like you should reach out to your Plan Administrator. Each system will be different; some require SSN for beneficiaries; some do not. But a payout to a non-US resident has its own set of complications that you may want to research first. R. Alexander
CuseFan Posted October 8, 2021 Posted October 8, 2021 Exactly - whether a US citizen, resident or not, your spouse must be primary beneficiary. In order for her to get a payout from the plan, if it ever came to that, she would need either an SSN or an individual TIN. The tax treatment, withholding, etc. depends on tax treaties with the country of residence/citizenship and can be complicated as the king noted. It is not a legal requirement, that I know of, that SSN/TIN be provided at the naming of a beneficiary but it is certainly a best practice. Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
Lou S. Posted October 8, 2021 Posted October 8, 2021 You could have her apply for a US Tax Payer ID with IRS Form W-7 https://www.irs.gov/forms-pubs/about-form-w-7 But as 401king states it might be easier to contact your current Plan Administrator, the on-line system may have automated checks that won't accept a beneficiary without a tax id but they may have a paper based form you could complete.
prof Posted October 8, 2021 Author Posted October 8, 2021 For the W-7. I think IRS wants her passport mailed to them which I don't want to do because mail in her country is awful and quite a few things get lost.
Luke Bailey Posted October 8, 2021 Posted October 8, 2021 On 10/8/2021 at 12:55 PM, CuseFan said: your spouse must be primary beneficiary. Prof, if you review the plan document and SPD, you will most likely conclude that she is your default beneficiary and you don't need to name her at all. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
CuseFan Posted October 11, 2021 Posted October 11, 2021 Great point Luke Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now