Inherited IRA: Definition and Tax Rules for Spouses and Non-Spouses (2024)

What Is an Inherited IRA?

An inherited IRA is an account that is opened when an individual inherits an IRA or employer-sponsored retirement plan after the original owner dies. The individual inheriting the Individual Retirement Account (IRA) (the beneficiary) may be anyone—a spouse, relative, unrelated party, or entity (e.g., estate or trust). Rules on how to handle an inherited IRA differ for spouses and non-spouses, however.

An inherited IRA is also known as a "beneficiary IRA."Many of the top brokers for IRAs provide support in resolving these matters related to the inheritance of IRA assets, taxation issues, and continuation of retirement account status.

Tax laws surrounding inherited IRAs are quite complicated, and they became even more so with the Setting Every Community Up For Retirement Enhancement (SECURE) Act of 2019, which made some significant changes to the regulations—mainly for non-spousal heirs.

Key Takeaways

  • An inherited IRA, also known as a beneficiary IRA, is an account that is opened when an individual inherits an IRA or employer-sponsored retirement plan after the original owner dies.
  • Additional contributions may not be made to an inherited IRA.
  • Rules vary for spousal and non-spousal beneficiaries of inherited IRAs.
  • The SECURE Act mandated that non-spousal beneficiaries must empty inherited IRAs within a decade.
  • Traditional IRA owners must now take required minimum distributions starting at age 73, though withdrawal rules are different for Roth IRAs.

Understanding the Inherited IRA

A beneficiary may open an inherited IRA using the proceeds from any type of IRA, including traditional, Roth, rollover, SEP, and SIMPLE IRAs. Generally, assets held in the deceased individual’s IRA must be transferred into a new inherited IRA in the beneficiary’s name.

This transfer must be made even if a lump-sum distribution is planned. Additional contributions may not be made to an inherited IRA.

The Internal Revenue Service provides guidelines for inherited IRA beneficiaries. IRS forms 1099-R and 5498 are required for reporting inherited IRAs and their distributions for tax purposes.

Inherited IRAs are treated the same, whether they are traditional IRAs or Roth IRAs. The tax treatment of withdrawals does vary—consistent with the type of IRA (funded with pre-tax dollars, like the traditional type, or post-tax dollars, like the Roth).

Inherited IRAs: Rules for Spouses

Spouses have more flexibility in how to handle an inherited IRA. For one, they can roll over the IRA, or a part of the IRA, into their own existing individual retirement accounts; the big advantage of this is the ability to defer required minimum distributions (RMDs) of the funds until they reach the age of 73.

RMDs previously began at 70½, but the age was raised to 72 following the December 2019 passage of the Setting Every Community Up For Retirement Enhancement (SECURE) Act. This limit has since been increased again as part of SECURE 2.0 Act.

They have 60 days from receiving a distribution to roll it over into their own IRAs as long as the distribution is not a required minimum distribution.

Spousal heirs can also set up a separate inherited IRA account, as described above. How they deal with this IRA depends on the age of the deceased account holder.

If the original owner had already begun receiving RMDs at the time ofdeath, the spousal beneficiary must continue to receive the distributions ascalculated or submit a new schedule based on their own life expectancy. If the owner had not yet committed to an RMD schedule or reached their required beginning date (RBD)—the age at which they had to begin RMDs—the beneficiary of the IRA has a five-year window to withdraw the funds, which would then be subject to income taxes.

Inherited IRAs: Rules for Non-Spouses

Non-spouse beneficiaries may not treat an inherited IRA as their own. That is, they may not make additional contributions to the account nor can they transfer inherited funds into their existing IRA account. Non-spouses may not leave assets in the original IRA. They must set up a new inherited IRA account unless they want to distribute the assets immediately via a lump-sum payment.

It is in the realm of distributions that the SECURE Act most drastically affects non-spouse inheritors of IRAs. Previously, these beneficiaries could handle RMDs pretty much as spousal heirs could; in particular, they could recalculate them based on their own life expectancy—which often significantly decreased the annual amount that had to be withdrawn and the tax due on them (in the case of traditional IRAs).

Those who inherit Roth IRAs are required to take distributions (unlike the original account owners), but the funds remain tax-free and also free of any early-withdrawal penalty, even if the beneficiary is under 59½.

No longer. The SECURE Act dictates that, for accounts inherited after Dec. 31, 2019, non-spouse beneficiaries typically must cash out the account within 10 years of the original owner's death. Some heirs are exempted:

  • those whose age is within a decade of the deceased's
  • disabled or chronically ill individuals
  • or minor children; however, these minors must be direct descendants (no grandchildren, in other words), and, once they reach majority age, the 10-year rule kicks in for them too.

There's no particular timetable for the withdrawals; they can be taken annually or all at once. For beneficiaries in these categories and those already in possession of inherited IRAs, the old distribution rules and schedules remain in effect.

Your Options

IRA beneficiaries have several options for claiming their inheritance; however, choices depend on their relationship to the decedent. All beneficiaries have the option to receive a lump sum distribution of the funds or disclaim the inheritance, and depending on the type of account inherited, natural beneficiaries may elect to leave the proceeds in the plan. Spouses have the most options, followed by natural non-spousal beneficiaries. Non-natural beneficiaries have the fewest options.

Spousal Beneficiary

As a spouse inheriting IRA funds, you have the most options for protecting and receiving your inherited funds. You may elect to:

  • Take a lump-sum distribution. Unlike a life insurance policy where death proceeds are non-taxable, IRA distributions are taxable to the beneficiary.
  • Roll over inherited funds into your personal, like-kind IRA. For instance, if you inherit proceeds from your late spouse's Traditional IRA, you may roll over those proceeds to your own Traditional IRA.
  • RMD: Required minimum distributions are based on your age and are calculated using the IRS Uniform Lifetime Table life expectancy factors. The Uniform Lifetime Table factors are based on two lives and are roughly double the factors in the IRS Single Life Expectancy Table; as a result, payments are spread out over a longer period.
  • Transfer the inherited proceeds into an Inherited IRA.
  • RMD: Unlike a Traditional IRA, the timing of the required minimum distribution is based on the decedent's age at the date of death and is calculated using the IRS Single Life Expectancy Table life expectancy factors.
  • Disclaim the proceeds. By not claiming the inheritance, the remaining primary beneficiaries inherit the funds. In the event, other primary beneficiaries are not named with the disclaiming beneficiary, the contingent beneficiaries are eligible to receive the funds. If no beneficiary is named, proceeds are payable to the estate of the decedent or according to contract specifications.

Non-Spousal Beneficiary

Non-spousal beneficiaries include natural persons and non-natural persons. For non-natural persons, such as charities, businesses, trusts, and estates, funds can be distributed as a lump sum or transferred into an Inherited IRA in the name of the beneficiary.

For natural non-spousal beneficiaries, funds can be

  • Taken as a lump-sum distribution, which is taxable to the beneficiary
  • Disclaim the proceeds, transferring full rights to remaining beneficiaries or the decedent's estate.
  • Transfer the inherited funds into their own Inherited IRA
  • RMD: If the original owner passed away before December 31, 2019, the required minimum distribution (RMD) will be based on the beneficiary's age using the single life expectancy factor.
  • RMD: If the original owner passed away on or after January 1, 2020, the proceeds will be paid out within 10 years from the original owner's date of death. For certain beneficiaries, such as minor children, a disabled or chronically-ill person, or a beneficiary no more than 10 years younger than the deceased, the pre-January 1, 2020 rules apply.

Do Beneficiaries Pay Taxes on Inherited IRAs?

The recipient of an inherited IRA may or may not pay taxes depending on their situation. In general, if you inherit a Roth IRA, you're free of taxes. However, if you inherit a traditional IRA, any amount withdrawn is often subject to taxes. On the other hand, estates subject to the estate tax may also be allowed an income-tax deduction for the estate taxes paid on the IRA.

What Happens When You Inherit an IRA From a Parent?

If a child is not yet of age, a custodian may manage the money in the IRA until the child reaches the state's recognized age of adulthood. Then, at that time, the child would have complete access to the funds. They may choose to withdraw funds from the IRA but depending on the type of account, they may be subject to taxes on withdrawal.

How Do I Avoid Paying Taxes on an Inherited IRA?

Some of the strongest tax-avoidance strategies for an inherited IRA are executed before the original owner passes away. In many cases, it's best for the individual to convert a traditional IRA to a Roth IRA (to potentially minimize the tax burden, especially after their passing). In addition, individuals inheriting IRAs can choose to not take non-qualifying distributions that would otherwise be taxable.

The Bottom Line

Many individuals leverage traditional and Roth IRAs to plan for their retirement. Unfortunately, people may pass away before they make it to retirement age or withdraw all funds from their account. Inherited Roth IRAs often have better tax avoidance capabilities, though those inheriting traditional IRAs will be further constrained. In addition, traditional IRAs will have greater RMD requirements.

Inherited IRA: Definition and Tax Rules for Spouses and Non-Spouses (2024)

FAQs

What are the rules for non spouse and spouse beneficiaries of inherited IRAs? ›

Withdrawals rules vary for spousal and non-spousal beneficiaries. The SECURE Act mandated that non-spousal beneficiaries must withdraw all the funds from an inherited IRAs within 10 years. Traditional IRA owners must take required minimum distributions starting at age 73.

Does a spouse have to pay taxes on an inherited IRA? ›

IRA Inheritance From a Spouse

You'll have to pay taxes on any distributions taken out of the account at current income tax rates. If you take those distributions before you reach the age of 59.5, you'll likely have to pay a 10% early withdrawal penalty fee to the IRS.

Does the 10-year rule apply to inherited IRA for a spouse? ›

Exceptions to the 10-Year Rule

Some beneficiaries of IRA accounts whose owners died in 2020 or later are exempted from the 10-year rule. This exemption applies to "eligible designated beneficiaries," who can be: A surviving spouse. A disabled or chronically ill person.

What are the rules for non spousal inherited 401k distributions? ›

Under the new law, the non-spouse beneficiaries must take total payouts within 10 years of inheriting the account. If they are minors, the 10-year rule starts when they become of age. Any withdrawals from the account are taxed as income.

What if your beneficiary is not your spouse? ›

If there is a beneficiary other than the spouse, the spouse cannot override it. However, they are usually entitled to half the death benefit because the law splits community property in half. Half the benefits go to the spouse and half to the listed beneficiary.

How do I avoid paying taxes on my inherited IRA? ›

If the original owner was your spouse, you can simply take ownership of the IRA. Then, just as if you were the original owner, you can wait until age 72 (or age 73 if you turn 72 in 2023 or later) to start taking any required minimum distributions (RMDs) and paying any taxes due on them.

What is the difference between a spousal IRA and an inherited IRA? ›

Once a spousal IRA is created, it is treated as though it always were the surviving spouse's IRA. No reference is made again to the previous IRA, and it is not considered an inherited IRA. The surviving spouse names new beneficiaries. The RMD schedule is determined solely by the surviving spouse's age.

What is the new IRS rule for inherited IRAs? ›

The 10-year rule requires that all assets in the inherited IRA must be fully withdrawn by the end of the 10th year following the original IRA owner's death. (If the death occurred in 2019 or earlier, the 10-year rule was a five-year rule.)

What is the difference between an inherited IRA and a beneficiary IRA? ›

Also sometimes called a beneficiary IRA, an inherited IRA is an account that is opened when someone inherits an IRA after the original owner dies.

Who is exempt from the 10 year rule when inheriting an IRA? ›

An eligible designated beneficiary is exempt from the 10-year rule by falling into one of the following categories: the surviving spouse of the account holder. a child under age 21 of the account holder. a disabled or chronically ill person.

How do I handle an inherited IRA from my spouse? ›

If the account holder's death occurred prior to the required beginning date, the spouse beneficiary may:
  1. Keep as an inherited account. Delay beginning distributions until the employee would have turned 72. Take distributions based on their own life expectancy. ...
  2. Roll over the account into their own IRA.
Feb 28, 2024

What is the best thing to do with an inherited IRA? ›

Take a lump-sum distribution

As the beneficiary, you may distribute the account assets in a lump sum without facing a 10% early withdrawal penalty. (If you inherit a Roth IRA, the account must have been open for at least five years to avoid paying a penalty.)

What are the options for a non-spouse inherited IRA? ›

Roth IRA: Non-spouse inherits
  • Option #1: Open an Inherited Roth IRA: Life expectancy method. Account type: You transfer the assets into an Inherited Roth IRA held in your name. ...
  • Option #2: Open an Inherited Roth IRA: 10-year method. Account type: ...
  • Option #3: Lump sum distribution. Account type:

Do beneficiaries pay tax on IRA inheritance? ›

An inherited IRA may be taxable, depending on the type. If you inherit a Roth IRA, you're free of taxes. But with a traditional IRA, any amount you withdraw is subject to ordinary income taxes.

Do inherited IRAs have to be liquidated in 10 years? ›

Generally, a designated beneficiary is required to liquidate the account by the end of the 10th year following the year of death of the IRA owner (this is known as the 10-year rule).

Can you have two beneficiaries on an inherited IRA? ›

If there are multiple beneficiaries, separate accounts must be established by 12/31 of the year following the year of death; otherwise, distributions will be based on the oldest beneficiary. RMDs are mandatory and you are taxed on each distribution. You will not incur the 10% early withdrawal penalty.

Can I name someone other than my spouse as beneficiary on my IRA? ›

Subject to your spouse's legal rights, you can name whomever you want to inherit your qualified plan or IRA account.

Are inherited IRAs considered marital property? ›

If a spouse inherited an IRA, it is not considered marital property unless the spouse who inherited it commingles the asset with marital assets. Commingling occurs when an asset belonging to one spouse is shared with the other spouse, typically by transferring all or part of the asset to a joint account.

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