3 Ways SECURE Act 2.0 will Impact Estate Planning

3 Ways SECURE Act 2.0 will Impact Estate Planning

Navigating the Internal Revenue Service’s (IRS) regulations issued on July 18, 2024

By Matt Magee, WPWealth Manager

How Has the SECURE Act changed Required Minimum Distribution (RMD) Rules?

In the realm of retirement planning, the SECURE Act introduced significant changes to the Required Minimum Distribution (RMD) rules, reshaping how individuals must manage their retirement accounts. Previously, the RMD rules allowed for lifetime withdrawals, meaning that retirees were required to take distributions from their retirement accounts over their expected lifetimes. However, the SECURE Act, enacted in December 2019, altered this framework by establishing a 10-year withdrawal period for beneficiaries inheriting retirement accounts.

The original SECURE Act introduced some ambiguities, particularly regarding the annual distribution requirements. Under the initial rules, individuals were not mandated to take annual distributions, allowing them to defer withdrawals until the entire account had to be emptied by the end of the 10th year. On July 18, 2024, the IRS issued new guidance to clarify these rules. Starting January 1, 2025, the new regulations will require annual distributions from these accounts, ensuring that some amount is withdrawn each year rather than deferring all distributions until the final year. This change aims to provide clearer guidelines and promote more consistent distribution practices.

Overall, this update reinforces the need for ongoing vigilance in managing retirement and inheritance planning strategies.  For beneficiaries and their advisors, this guidance simplifies planning strategies and helps ensure compliance with the updated regulations. Whether you’re dealing with a non-spouse beneficiary or a trust, these changes are important to understand for effective planning. Keeping up with these updates will help you manage your retirement and inheritance planning more smoothly.

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Who does SECURE ACT 2.0 Impact?

Individuals who have been or will soon be recipients of inherited qualified accounts starting from the year 2020:

Beneficiaries of Retirement Accounts

Those who inherit Individual Retirement Accounts (IRAs) or other retirement accounts are subject to the 10-Year Rule, which mandates the full distribution of the inherited account within 10 years, starting the year after death of the original owner.

Non-Eligible Designated Beneficiaries

Most Non-Spouse Beneficiaries of retirement accounts must follow the 10-Year and Stretch rules post the original owner’s Required Beginning Date, taking annual RMDs for 10 years and emptying the account by year 10.

Surviving Spouses

Spouses inheriting retirement accounts have several flexible options such as following the 10-Year Rule or rolling the funds into an IRA in their name and taking distributions based on their life expectancy.

Annual RMDs for Non-Eligible Beneficiaries

If the original account owner was taking Required Minimum Distributions (RMDs), Non-Eligible Designated Beneficiaries must continue to take these RMDs annually. Starting in the year following the account owner’s death, Non-Eligible Beneficiaries must distribute the assets over a 10-year period. Beginning in 2025, they can no longer defer distributions until the end of this period.

Who does SECURE ACT 2.0 Impact?

Individuals who have been or will soon be recipients of inherited qualified accounts starting from the year 2020:

Beneficiaries of Retirement Accounts

Those who inherit Individual Retirement Accounts (IRAs) or other retirement accounts are subject to the 10-Year Rule, which mandates the full distribution of the inherited account within 10 years, starting the year after death of the original owner.

Non-Eligible Designated Beneficiaries

Most Non-Spouse Beneficiaries of retirement accounts must follow the 10-Year and Stretch rules post the original owner’s Required Beginning Date, taking annual RMDs for 10 years and emptying the account by year 10.

Surviving Spouses

Spouses inheriting retirement accounts have several flexible options such as following the 10-Year Rule or rolling the funds into an IRA in their name and taking distributions based on their life expectancy.

Annual RMDs for Non-Eligible Beneficiaries

If the original account owner was taking Required Minimum Distributions (RMDs), Non-Eligible Designated Beneficiaries must continue to take these RMDs annually. Starting in the year following the account owner’s death, Non-Eligible Beneficiaries must distribute the assets over a 10-year period. Beginning in 2025, they can no longer defer distributions until the end of this period.

Key Takeaways

  • 10-Year Rule: Beneficiaries must fully distribute inherited retirement accounts within 10 years following the original account owner’s death.
  • Annual RMDs for Non-Eligible Beneficiaries: If the original account owner was taking Required Minimum Distributions (RMDs), Non-Eligible Designated Beneficiaries must continue to take these RMDs annually.
  • No Penalties for Missed RMDs (2021-2024): There will be no penalties for beneficiaries who missed taking RMDs from 2021–2024, with the new regulations starting in 2025. Additional guidance is provided for specific situations, including undistributed RMDs in the year of death, rules for surviving spouses, and See-Through Trust beneficiaries.

Get in Touch

WPWealth can help advise individuals on navigating the complexities of the new regulations, ensuring they make informed decisions about their:

  • Estate Planning: Updating estate plans for compliance with new rules, focusing on the 10-Year Rule and See-Through Trusts.
  • Financial Planning: Through personalized advice to help retirement account beneficiaries grasp the new rules and their individual implications.

Get in Touch

WPWealth can help advise individuals on navigating the complexities of the new regulations, ensuring they make informed decisions about their:

  • Estate Planning: Updating estate plans for compliance with new rules, focusing on the 10-Year Rule and See-Through Trusts.
  • Financial Planning: Through personalized advice to help retirement account beneficiaries grasp the new rules and their individual implications.