10-Year Rule: Beneficiary Planning "Loophole" Closed

10-Year Rule: Beneficiary Planning "Loophole" Closed

By Andy Ives, CFP, AIF
IRA Analyst

With the passage of the SECURE Act, once common IRA beneficiary planning strategies have been upended. For example, no longer can just anyone stretch payments on an inherited IRA. You must qualify as an ligible designated beneficiary (EDB) to stretch using your single life expectancy. As we have written many times, EDBs include surviving spouses, minor children of the account owner (up to majority, or if still in school, up to age 26), disabled and chronically ill individuals, and individuals not more than 10 years younger than the IRA owner.

All other living, breathing IRA beneficiaries will now use the 10-year rule. There are no annual required minimum distributions (RMDs) during the 10-year window, but the account must be emptied by the end of the tenth year after the year of death.

In light of these new beneficiary payout rules, it came as no surprise that people began thinking of ways to leverage them for maximum benefit. Can I structure a payout this way? What if I do this? Some ideas were creative, some destined to fail. Occasionally, an idea was imaginative enough that it demanded debate as to its legitimacy.

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Q: I rolled over an IRA in March 2021 from a TD Ameritrade institutional account to a TD Ameritrade retail account. I currently would like to do a 60-day short-term rollover. Would this not be allowed because of the one rollover per 12 month period or is a 60-day short-term rollover treated differently?

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Q: How can the beneficiaries of an estate roll a 401(k) paid to the estate to a Roth IRA? What steps must be taken?

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Q: I am 43 years old and would like to pull $12K out of my employer-sponsored 401(k) and roll it into a Roth IRA. Can this be done, and if so, is there a penalty for doing so? Will I be taxed on the $12K if I roll it into a Roth?

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Q: I have made non-deductible contributions to a traditional IRA for many years, so about half of the account is basis. I have no Roth account (yet). I recently left my job and rolled over my 401(k) into a separate rollover IRA. Will I have to include this rollover IRA along with the traditional IRA as part of the pro-rata rule in order to take advantage of Roth conversions?

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