IRA on Death, IRD, Taxes and Stretch IRA-How the IRA distribution is dependent upon the IRD by:Rocco Beatrice
The unpleasant TRIGGER word in the IRS dictionary is "IRD" [I]ncome in [R]espect of a [D]ecedent
, Internal Revenue Code (IRC) Section 691. Income in Respect of a Decedent (IRD) refers to those amounts to which a decedent was entitled as gross income, but which were not properly includable in computing the decedent's taxable income for the taxable year ending with the date of the decedent's death [or] for a previous taxable year under the method of accounting employed by the decedent. Pursuant to Sec. 691, the amount of the IRA distribution is included in the gross income of the beneficiary for the tax year when it is received. Simply stated, the government allowed you to post-pone the tax while you were alive. Now, they want to collect, period.The baby boomer generation needs to understand and master the total significance of IRD, because they have accumulated significant wealth creating Taxable Estates. IRC Sec. 2031 defines and controls the valuation of the decedent's gross estate to include the value of all assets at the time of the decedent's death, real or personal, tangible or intangible, wherever situated. A decedent's estate may include stocks and securities, real estate, business interests, personal effects, annuities, trusts, IRAs, and other qualified plans.
Because of the complex calculation of IRD, the IRA can be included in both the estate tax return and the income tax return of the recipient, thus creating the potential 77% tax-trap of double taxation.
What's IRD taxable income?
In order to determine whether an item of income is IRD, one must first determine how the decedent would have been taxable in his hands under IRC Section 691(a)(3), then he must consider the accounting method that was employed by the decedent. Generally, cash basis taxpayers only include "actual" cash received or constructive receipt (i.e. Interest on a CD) on the decedent's date of death. Regardless of the accounting method employed by the decedent, IRD is subject to income taxes on a current basis when the triggering event occurs, generally the actual receipt of the income by the beneficiary.
A thorn on your wealth transfer to your next generation.
Rev. Rul. 92-47 holds that a distribution to the "beneficiary of a decedent's IRA" is IRD (Income in Respect of a Decedent) under Sec. 691.
Pursuant to Sec. 691, the amount of the IRA distribution is included in the gross income of the beneficiary for the tax year when it is received. However, Sec. 642(c)(2) provides that an estate or a trust shall be allowed a deduction for any amount that is permanently set aside for charitable purposes.
Distributions from an IRA are taxable to the recipient. Distributions must begin not later than the required beginning date and continue over the life of the IRA owner [or] over the lives of the IRA owner and a designated beneficiary, IRC Sec. 401(a)(9)(A).
There are ways to mitigate this unpleasant result. Implementation of any large IRA plan requires careful attention for the IRS requirements and estate tax considerations. The simplistic catch-all solution being bandied about is the "stretch-IRA." This solution requires "stretching" IRA distributions to a much younger beneficiary other than the owner, i.e., over the life of your grandchild, which is longer than your own.
Stretch IRA and Estate Tax Problems
Stretch IRAs are okay for those with no estate tax problem. Stretch IRAs do not work for those individuals with estate tax problems.
Why does the Stretch IRA not work? Because when the stretch IRA passes to a younger heir, estate taxes are due. If the younger heir receives a $3 million dollar IRA, there would be a $1,500,000 estate tax due. Where is the younger heir going to get $1,500,000 to pay the IRS?
The presumption is that the heir will take the $1,500,000 out of the IRA. When the heir takes out $1,500,000 from the stretch IRA, it is taxable income and income taxes are due on that money.
This statement is required by IRS regulations (31 CFR Part 10, 10.35): Circular 230 disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein
To learn more about how to protect your IRA, reduce IRA taxes and have a personal assessment of your portfolio contact Best IRA Rescue. We provide professional services in: precise asset protection systems; tax-ree wealth creation systems; advanced income tax tax-deferred strategies; implementation of tax efficient transfers to your next generation elimination of the probate process; and the elimination of the only voluntary estate tax system.
About the author
Best IRA Rescue provides services on your IRA investments and traditional IRA and will help you reduce your inherited and beneficiary independent retirement account taxes in your estate assets. Roth on ROIDS is your advanced Roth IRA retirement planning strategy and one of the best IRA tax-savings strategies with benefits of a guaranteed death benefit, guaranteed principal, tax-free growth, and tax-free distributions from policy loans.
Contact us if you have any questions on your IRA retirement planning. http://bestirarescue.com. Original article: http://bestirarescue.com/ira-death-ird-tax-stretch-ira.html
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