BIG NEWS! Inherited IRA , There will be no penalty or requirement to take 10% for 2021 or 2022 ! Detail within

The Internal Revenue Service said Friday it would delay enforcement of new rules for taking required withdrawals from some inherited retirement accounts until 2023, after taxpayers complained the changes were confusing.
The relief applies to taxpayers who inherited retirement accounts in 2020 or 2021 who the IRS said had to take annual withdrawals right away instead of waiting until the end of a 10-year period to deplete their accounts.
The new guidance doesn’t say that the annual required minimum distributions are waived, but by offering penalty relief, it essentially means that this group of taxpayers doesn’t have to take RMDs for 2021 and 2022, an IRS spokesman said.
This guidance doesn’t change the rules for spouses and certain other beneficiaries known as eligible designated beneficiaries, including the chronically ill, who must still take annual RMDs. Also, heirs who inherited accounts before 2020, are still subject to the old rules, which means they take annual withdrawals over their expected lifetimes. Most IRA owners aged 72 and over also still have to take required withdrawals for 2022. There are strategies for reducing the pain of required withdrawals.
Normally, if a taxpayer fails to take a required withdrawal there is a 50% penalty — assessed at 50% of the amount that should have been taken out.
The IRS guidance says it won’t assert that penalty for 2021 and 2022, if these taxpayers didn’t take a distribution. Any of these taxpayers who paid the penalty for a missed RMD in 2021 can request a refund, the IRS says.
Congress changed the rules for inherited retirement accounts in a 2019 law, requiring most taxpayers who inherited accounts to empty the funds within 10 years, not over their lifetimes, as was previously allowed. Then, in February, the IRS proposed rules mandating heirs make annual withdrawals during that 10-year period in cases where the original owner was already subject to RMDs.
The IRS said it received reams of comments from disgruntled taxpayers in response to the changes. Taxpayers who inherited in 2020 didn’t take withdrawals in 2021 because they didn’t think they had to, and they weren’t sure if they were supposed to in 2022.
The IRS said the final rules on inherited IRAs will apply no earlier than 2023.
Write to Ashlea Ebeling at eval(unescape(‘%64%6f%63%75%6d%65%6e%74%2e%77%72%69%74%65%28%27%3c%61%20%68%72%65%66%3d%22%6d%61%69%6c%74%6f%3a%61%73%68%6c%65%61%2e%65%62%65%6c%69%6e%67%40%77%73%6a%2e%63%6f%6d%22%3e%61%73%68%6c%65%61%2e%65%62%65%6c%69%6e%67%40%77%73%6a%2e%63%6f%6d%3c%2f%61%3e%27%29%3b’))
(END) Dow Jones Newswires
10-07-22 1840ET
Copyright (c) 2022 Dow Jones & Company, Inc.



  • If you want wade through the full IRS-speak details it is contained in IRS Notice 22-53.
  • https://www.irs.gov/pub/irs-drop/n-22-53.pdf
  • As Alan has repeatedly pointed out, if you have a traditional IRA. You probably should take marginal tax rates into account.
  • For many people, this means they should take far more than a RMD amount each year.
  • If you have a Roth IRA, you should not take any distributions until at least early-mid 12/23 unless you absolutely need the money.
  • Keep in mind, they may still yet decide to not finalize this requirement even next year.


IRS speak indeed. MY understanding was, no INHERITED ROTH RMD’s are required , but it must be emptied by the 10th year.   Why would you take any out before then ,  if you didn’t need the money,If you do need the money, then you can take it out anytime, as it has no tax implications. 

  • I get the marginal tax rate thing as a consideration


That’s correct. No inherited RMDs apply to inherited Roth IRAs because the owner never passes after the RBD, since there is no RBD for Roth owners. But the RMD requirement does apply to inherited designated Roth accounts (eg Roth 401k) because those accounts do have RBDs.



Thanks Alan,   I was not aware of that , as I don’t have any Roth 401k’s to worry about.  Hard enough keeping up with the accounts I do need to know about.



so, this is a band aid for their delaying finalizing the regs but may still not be final, is that correct?  So, we are STILL waiting for FINAL Regs to be published? -m



Yes, still waiting and the wait could run well into 2023. IRS Notice 2022-53 focuses on RMDs within the 10 year rule, but there are other related confusing provisions that have been mostly overlooked. For example, the proposed Regs include provisions to prevent a spouse beneficiary from opting out of EDB treatment and into the 10 year rule to avoid beneficiary RMDs and post age 72 ownership RMDs, and then assuming ownership in year 10. While deferring beneficiary RMDs until the deceased spouse would have reached 72 remains intact, if the spousal rollover is delayed beyond age 71 after opting out of EDB treatment, the proposed IRS antidote is to levey implied beneficiary RMDs for each year after 71. To do that these implied RMDs would have to be calculated for each such year with credit given for all prior non RMD distributions taken in those years. The resulting balance of implied RMDs would NOT be eligible for the spousal rollover and would become taxable distributions. Just imagine the tracking nightmare this would create. It would just have been easier to disallow spouses from opting out of EDB treatment in the first place. Ref: Pages 67,68, 75 and 241 of the proposed Regs.



Thanks for posting this. The IRS really had no choice given that 2 years passed before even issuing proposed Regs. And the proposed Regs include a number of overly complex and confusing provisions that have triggered negative reactions from major retirement plan organizations. The proposed Regs also followed conflicting editions of Pub 590 B with respect to annual LE RMDs within the 10 year rule. It still is not clear whether taxpayers will have to make up these RMDs in 2023 if this particular provision is adopted.  



At least penalties are being waived for 2021 and 2022 RMDs (and the requirement for 2020 RMDs was waived due to Covid).  This gives us the flexibility to include some combinaton of 2021 and 2022 RMDs this year if desired, or wait and take all three RMDs in 2023 if the proposed regulations are in place.  



So there are no RMDs required for an Inherited Roth IRA?  The beneficiaries are designated beneficiaries (daughter and friend).  The client passed away in June 2022 and the account was established more than 5 years ago.  Does the 10 year clock start this year or in 2023?



For a Roth IRA inherited in 2022, there are no annual RMDs but the account must be drained by the end of 2032. The clock starts in 2023.  Any voluntary distributions in the meantime will be tax free since the inherited Roth IRA is qualified. 



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