Confusion Over Inherited IRA RMDs

I am well aware of the change to RMDs for inherited IRAs proposed by the IRS (i.e., that non-eligible designated beneficiaries need to take RMDs during years 1-9 of the 10 period beginning the year after the IRA owner’s death if the decedent had passed on or after their required beginning date). I, along with many other people and professional financial organizations, submitted comments on the proposed rules that stated that the IRS was misinterpreting the law. That said, while I know that the proposed rules are technically in effect, the IRS also waived the penalties for not taking these RMDs in 2021 and 2022. I will obviously will wait until much later in the year before taking the RMD to hopefully get clarification, but what do you think is the chance that the IRS waives the penalty again for 2023 or actually finalizes the rules one way or another? What are financial organizations and planners advising in the meantime?



  • If the beneficiary prefers not to take these LE RMDs, they should just wait until the IRS finalizes the proposed Regs. My guess is that the chances of the IRS relenting to the complaints is under 25%, but pressure to finalize the Regs after 3 years is quite high, and is included in the IRS priority plan for 2023. But if they do not finalize the Regs by around October, they will be forced to waive these beneficiary RMDs as they did not 2021 and 2022. I don’t expect it to reach that point, and I would expect the final Regs by Sept. at the latest.
  • There are several other problematic issues in these Regs such as time limitations for spousal ownership assumption that need to be clarified as well. This has received little attention to date.
  • The IRS also needs to act much more efficiently on the Secure 2.0 Regs, which is several times larger than original Secure when it comes to the need for clarifying Regs. Even though Secure 2.0 phases in effective dates, things are going to get chaotic around the end of this year.


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