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Qualified Plans Are Complex: Keep These Things in Mind
October 17, 2018
Qualified plans are complicated but they are a useful tool in your practice. Here are some helpful things to keep in mind as you utilize qualified plans in your client's estate plan.
What defines a qualified trust for IRA purposes?
- Valid under state law
- Irrevocable
- Identifiable beneficiaries
- Provide trust agreement to custodian by October 31 of year following owner's death
What are the RMD payout options for IRA in Trusts?
- Death before reaching 70 1/2:
- Qualified Trust - RMDs based on oldest trust beneficiary's life expectancy
- Unqualified Trust - Plan balance must be withdrawn within five years of owner's death
- Death after 70 1/2:
- Qualified Trust - RMD's based on the oldest trust beneficiary's life expectancy
- Unqualified Trust - RMD's based on the remaining life expectancy of original owner
What are the RMD Payout options for IRA in Estates?
- Death before reaching 70 ½:
- Plan balance must be withdrawn within five years of owner’s death
- Death after 70 ½:
- RMDs based on the remaining life expectancy of original owner
What happens if the rmd is not taken in a timely manner after death?
- 50% penalty imposed for failure to take RMD
What now?
- Take missed RMD as soon as possible
- File form 5329 with IRS asking for forgiveness
- “Failure to take RMD was due to reasonable error and new owner is taking reasonable steps to remedy the failure”
- Attach financial statement proving you took RMD Tell IRS why you failed to take RMD (if applicable)
- IRS generally forgives
If you have questions about qualified plans, please contact Nathan Beemster.