Missed withdrawals on Inherited IRA

My client inherited her 76 year old father’s IRA in 2005. She withdrew her first draw in 2005. She then missed 2006 – 2014. How to correct this error? Should we file form 5329, pay the tax, and attempt to explain away the penalty, or simply pay the penalty. In this case I would assume you take the 12/31 balance for each year, then the distribution that should have taken place and the penalty would be 1/2 of that amount? Further, as an advisor, would it be reasonable to subtract the tax she would have, and now has, paid from the penalty and thus reimburse the client? Leonard Abrams



  • Client should reconstruct what the RMDs would have been for 2006-2013 except for 2009 which was waiived, and then have the total distributed from the inherited IRA. The total will be taxable in 2014. There is no harm done by completing Form 5329 for each year and requesting that the penalty be waived for “reasonable cause” per the 5329 Inst. Since the omission will be self reported and corrected, there is a good chance that the IRS will waive the penalty (by not responding otherwise).
  • If you feel you are responsible or partly so, her loss would be the excess of the lump sum tax bill over what it would have been if paid individually each year. If the penalty is waived you can forget that. But she also likely generated investment gains by having those late RMDs invested longer, so the value of those gains could be subtracted from the higher tax bill.
  • With respect to 2005, she was responsible for taking any 2005 RMD that her father did not before passing. Maybe that is what she took out in 2005, but her own RMDs did not start until 2006.


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