Pension & Retirement / Help for Clients Who Failed to Make Appropriate IRA Distribution Choices by Their Required Beginning Date

If you have begun taking required distributions from your IRA and haven't named a designated beneficiary, or if you are unhappy with the choice of distribution method you chose, it's too late to reverse those things. Your action or inaction will reduce the potential long-term tax advantages of your IRA for your beneficiaries. However, there are a number of strategies that may help to improve your IRA payout situation.

One possible strategy is to convert to a Roth IRA. If you are taking required distributions over only your own life expectancy because you did not name a designated beneficiary, and you don't need the current income, you may want to consider converting your IRA to a Roth IRA, for which lifetime distributions aren't required. Then you can name children (or others) as beneficiaries of the Roth IRA, allowing income-tax-free distributions to be made to them over their lifetimes following your death.

The cost of this strategy is that it causes acceleration of income tax on the IRA funds. You must weigh that negative factor against the benefit of years of future tax-free buildup within the Roth IRA and tax-free distributions. If your beneficiaries can extend distributions over many years, with initial distributions being very low, this strategy can pay off in a big way.

Not everyone can take advantage of this strategy, however. It is available only in a year when your adjusted gross income is $100,000 or less (excluding the income from the conversion, itself). Income from required minimum distributions is included in AGI for this purpose. However after 2004, income from required minimum IRA distributions won't be included in AGI for this purpose, which may help some IRA owners qualify to convert to Roth IRAs.

Another strategy to consider to avoid the tax disadvantages of a quick IRA payout to your eventual beneficiaries is to name a charitable remainder trust as beneficiary of the IRA. The trust is exempt from income tax, and the estate gets an estate tax deduction for the value of the remainder interest. Income beneficiaries of the trust (your children or others you name) get to take distributions and spread the tax out over the annuity period. This may result in larger total payouts and less tax than distributing the IRA account over a short time period.

Where a charitable remainder trust is named as death beneficiary of an IRA, the estate tax that is attributable to the annuity interest or unitrust interest that is being paid to noncharitable beneficiaries must be paid from assets other than the trust assets. The estate tax could be paid from other estate assets or by the beneficiaries. Otherwise the trust won't qualify as a charitable remainder trust.

Where distributions have begun and the annual recalculation method was chosen, the account owner can reduce the income tax impact of having the remaining account balance distributed by the end of the year following the year of death by naming multiple beneficiaries, such as children and grandchildren to keep the income taxed in as low a tax bracket as possible. (Beneficiaries can be named or changed after the required beginning date, but the change won't increase the distribution period.) Alternatively, you could name your estate as beneficiary of your IRA as a conduit to distribute the account balance to multiple estate beneficiaries. If the estate elects a fiscal year, distributions (and tax) can be spread over three tax years.

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