Missed RMDs on inherited IRA

My friend inherited an IRA after his father passed away in 2006; his father had not begun taking distributions from the IRA. The account was not transferred into my friend’s name until 2008. Due to poor advice from his financial planner at the time, RMDs were taken in 2011 and 2012 and nothing else was done. It is my understanding RMDs should have begun one year following the death of his father or the full balance should have been withdrawn within 5 years of his father’s death. In this case it would be 2012 since 2009 was a waiver year. The IRA is only worth $8,000 so he would like to withdraw the balance and use it to fund his Roth IRA and not deal with the headache of taking a distribution each year. The question is, can he withdraw the balance now and submit a separate Form 5329 showing the RMD calculation for years 2007, 2008, 2013, 2014, 2015 and 2016 and ask for a penalty waiver for reasonable cause? Or does he have to submit Form 5329 for 2012 showing the full balance withdrawn and calculate the excess accumulation penalty and ask they forgive the penalty? Would he have to file Form 5329 for any subsequent years in that scenario? We are trying to limit the possible penalty and tax impact. He understands he will have to pay tax on the balance withdrawn on his 2017 taxes. His RMDs for 2011 and 2012 were $200 on average so it seems like paying a 50% penalty on those six years would be much better than a 50% penalty on the full balance. What is the best way to proceed?



Upon further research, it appears as though we default to the 5 year rule since RMDs were not taken out from the start and we are not trying to reinstate the stretch.  How do we complete Form 5329 for 2012?  What amount do we list as the required minimum distribution – the ending balance at that time or the balance that we withdraw now to close the account?  Do we have to file Form 5329 for years 2013-2017?  If so, what do we list as the required minimium distribution for those years?  Any assistance is greatly appreciated!

  1. There is no IRS template to address this situation with respect to gains in value after the end of the 5 year rule period. Since the entire account should have been distributed by 2012, it would be logical that the entire balance currently in the account  should be subject to the penalty and therefore waiver requests need to be prepared for the entire balance currently in the account.
  2. Would start with a 5329 for 2012 indicating the balance on 12/31/2012
  3. Could either do a 5329 for each year after that showing only the amount the account increased by the end of the respective year  OR if that entails difficult research, just file a second 5329 for 2017 showing the amount of increase from the year end 2012 value.
  4. So either 6 5329 forms or 2. But the penalty waiver requests add up to the entire current balance.
  5. The IRS usually grants the waiver for self reported shortfalls that have been made up. They have the latitude to accept reasonable methods.

 

jenthornnett said ” …and we are not trying to reinstate the stretch. ”  Who knows that you are not trying to reinstate the stretch?  Couldn’t you look to reinstate the stretch, take the missed RMDs for those years where it was missed, bring it current and then just take the balance?  You are required to take RMDs but allowed to take more. Is this a case where the custodian defaults to 5 year and that’s irreversible? – m

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