Inherited IRAs : what every practitioner must know

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Where to find it

Law Library — 2nd Floor Collection (2nd floor)

Call Number
KF3510 .G65 2015
Status
Available

Authors, etc.

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Summary

Many taxpayers have accumulated considerable assets in their retirement accounts, which may be in their 401(k) account or other types of qualified retirement plan. In rolling over retirement assets from an employer-sponsored retirement plan into a rollover IRA without a full understanding of the implications to their beneficiaries, the result can be a morass of penalties and complications. This updated edition of Inherited IRAs is a current, accessible resource that explains these rules and provides guidance for effectively implementing an estate plan that includes retirement assets. This clearly written and logically organized guide includes more than 100 scenarios, questions, and answers that practitioners are most likely to encounter when dealing with often complex retirement asset distributions. Checklists, sample forms, and summaries of court rulings on inherited IRA cases provide additional tools and resources to help your clients through what is often a difficult time in their lives. This edition is updated to include all of the recent changes to the rules and regulations surrounding estate planning and retirement asset distributions that have been enacted over the past year.

Contents

  • Overview p. 1
  • Common Errors In Retirement Distribution Planning p. 2
  • Why Many Beneficiary Forms Are Defective p. 5
  • Who Should Pay Your Estate Tax on Your Retirement Accounts p. 10
  • Sample Beneficiary Forms Prepared by the Author for Illustrative Purposes Only p. 11
  • Practical Points p. 15
  • How the Inherited IRA Rules Work for a Nonspouse Beneficiary p. 19
  • Key Provisions of the Pension Protection Act of 2006 and the Worker, Retiree, and Employer Recovery Act of 2008 p. 24
  • Roth IRA Conversions p. 29
  • Death of IRA Owner Before or After His/Her Required Beginning Date p. 31
  • How the Inherited IRA Rules Work with Multiple Nonspouse Beneficiaries p. 55
  • How the Spousal IRA Rules Work p. 68
  • Trust as Beneficiary of Retirement Assets and the IRS Documentation Rules p. 101
  • Letter Ruling 9820021 - February 18, 1998 p. 106
  • Advantages of Trusts as IRA Beneficiary p. 114
  • Excess IRA Contributions p. 116
  • Income in Respect of a Decedent p. 122
  • Revenue Ruling 92-47, 1992-1 CB 198 p. 124
  • Letter Ruling 200316008 (December 31, 2002) p. 126
  • IRD and the Tax Court p. 129
  • IRD and Practitioner Tips p. 131
  • Inherited Roth IRAs p. 133
  • Statute of Limitations p. 134
  • Noncompliant IRA Trusts and Circular 230 Issues p. 135
  • Loss of Creditor Rights Protection of Decedent's IRA in State Court p. 149
  • Use of Separate Irrevocable Spendthrift Trust as Beneficiary of an Inherited IRA for Asset Protection Purposes p. 152
  • Application of One-Per-Year Limit on IRA Rollovers Announcement 2014-32 p. 154
  • Appendix: Life Expectancy Tables p. 157
  • About the Author p. 161

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