Santo Gold Posted November 14, 2023 Posted November 14, 2023 A key employee began RMDs in 2021. We have the calculated RMD due 12/31/23. Before it was taken, the employee passed away. His spouse is his beneficiary. Is the spouse required to take the RMD by 12/31/23? Reading the document below, I interpret this to mean that an RMD is now not due by 12/31/23, but will be due in the year following, or in 2024 (12/31/24). Does this sound correct? Plus we would need to calculate a new RMD amount based on the spouse DOB compared to that of the deceased's DOB. Hoping to get a comment on whether others come to the same conclusion. Thank you Death On or After Date Distributions Begin. (i) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designated Beneficiary... Luke Bailey 1
Luke Bailey Posted November 15, 2023 Posted November 15, 2023 Santo Gold, you are still in the year of death. The decedent's RMD, or whatever portion of it has not been paid already, should be distributed to his beneficiary, not as beneficiary's RMD, but decedent's. Lou S. 1 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
Lou S. Posted November 15, 2023 Posted November 15, 2023 You still have a 2023 required RMD. Personally I'd pay it to the beneficiary and be done but other threads on this if you search this cite are of the opinion that it should be paid to the decedents estate since it was an RMD due the participant. Luke Bailey 1
Luke Bailey Posted November 16, 2023 Posted November 16, 2023 49 minutes ago, Lou S. said: it should be paid to the decedents estate since it was an RMD due the participant. Lou S, I think the beneficiary is entitled to everything in the account at time of death. All the 401(a)(9) regs say is that you still need to make the year of death RMD. But it goes to the beneficiary. Bird and Lou S. 2 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
Appleby Posted November 16, 2023 Posted November 16, 2023 16 hours ago, Luke Bailey said: Lou S, I think the beneficiary is entitled to everything in the account at time of death. All the 401(a)(9) regs say is that you still need to make the year of death RMD. But it goes to the beneficiary. Agree. The RMD for the year of death is calculated as if the participant lived through to the end of the year. But it must be taken by the beneficiary ( 1099-R in beneficiary's TIN). The deadline is 12/31/2023- however, the excuse tax is automatically waived if it is taken by the beneficiary's tax filing due date, plus extensions. Luke Bailey and Lou S. 2 Life and Death Planning for Retirement Benefits by Natalie B. Choatehttps://www.ataxplan.com/life-and-death-planning-for-retirement-benefits/ www.DeniseAppleby.com
Lou S. Posted November 16, 2023 Posted November 16, 2023 17 hours ago, Luke Bailey said: Lou S, I think the beneficiary is entitled to everything in the account at time of death. All the 401(a)(9) regs say is that you still need to make the year of death RMD. But it goes to the beneficiary. I agree. I'm just saying this has come up as recently as this year in other threads and others posters have expressed a different opinion.
Belgarath Posted December 1, 2023 Posted December 1, 2023 Thanks Appleby. Do you have a citation for the automatic excise tax waiver if the beneficiary(ies) don't take the RMD until sometime the next year? I can't remember where I saw that. If it is going to take you any time, please don't bother - I'll look it up myself. I'm just being lazy... I think I've got it (As Eliza Doolittle said) - 54.4974-1 (3) Automatic waiver for failure to take required minimum distribution for the year of death. Unless the Commissioner determines otherwise, the tax under paragraph (a) of this section is waived automatically if— (i) A distribution is required to be made to an individual under § 1.401(a)(9)-3 or § 1.401(a)(9)-5 in a calendar year; (ii) The individual who was required to take the distribution described in paragraph (g)(3)(i) of this section died in that calendar year without satisfying that distribution requirement; and (iii) The beneficiary of the individual described in paragraph (g)(3)(ii) of this section satisfies that distribution requirement no later than the tax filing deadline (including extensions thereof) for the taxable year of that beneficiary that begins with or within that calendar year.
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