SECURE 2.0's Biggest Mess

SECURE 2.0's Biggest Mess

By Ian Berger, JD
IRA Analyst

Of the 92 provisions in the SECURE 2.0 legislation, signed into law last December, by far the most challenging is section 327. Section 327 changes the distribution rules for spouse beneficiaries of IRA (and workplace plan) account holders and is effective January 1, 2024.

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Q: In 2020 and 2021, when I was over 65 years old, I converted some of my IRA into a Roth IRA. Does the five-year rule still apply to me, or can I now draw out all of the Roth IRA without any tax consequences? Also, I made the initial conversion in December of 2020, if the five-year rule does apply, do I need to wait until December 2025 to draw on it or can I draw on it anytime in 2025?

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Q: My client's husband recently passed away. We have converted her late husband's 401(k) to a beneficiary 401(k) in preparation for transferring it to a beneficiary (inherited) IRA. There is company stock inside the 401(k) currently. We want to leverage the NUA (net unrealized appreciation) tax strategy. Is stock inside a beneficiary 401(k) eligible for NUA, the same as the stock would have been when he was alive?

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  • Strategic Roth Conversions: Learn which clients stand to benefit most from converting now, considering future tax rates and Medicare implications.
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  • Distribution Planning: Is it wise for clients to take more than their annual RMD in 2023? Ed Slott weighs in on the best practices.

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