IRA News: SECURE Act 2.0 May Become a Reality | Kentucky & North Carolina Estate Planning Attorneys (2024)

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by Pamela Potter

IRA News: SECURE Act 2.0 May Become a Reality | Kentucky & North Carolina Estate Planning Attorneys (1)We focus on matters that are of interest to senior citizens, and the laws that regulate individual retirement accounts are quite relevant. In December of 2019, the SECURE Act was enacted, and it established some new parameters for 2020 and subsequent years.

In October of this year, a bipartisan measure that has been dubbed SECURE Act 2.0 was introduced, and it would mandate additional changes to the IRA guidelines. We will look at these provisions in this post, but first, we will review the changes that have already been implemented.

Required Minimum Distributions (RMDs)

Traditional individual retirement account holders make contributions before they pay taxes on the income. They can choose to take penalty-free distributions when they are as young as 59.5 years of age, and the payouts would be subject to regular income taxes.

Because of the deferred tax arrangement, the IRS wants to start collecting its share before the account holder passes away. To make this happen, there is an age at which account holders are required to take minimum distributions.

The age was 70.5 prior to the enactment of the SECURE Act, but a provision contained within the measure raised the age to 72. Another change gave account holders the freedom to continue to contribute into their accounts after they reach the required minimum distribution age.

To provide clarity, the other type of individual retirement account that is commonly used is the Roth IRA. These changes did not impact Roth account holders, because these accounts are funded with after-tax earnings.

Since the taxes have already been collected, the IRS has never required minimum distributions for Roth account holders, and there has never been an age limit for contributions.

Rules for IRA Beneficiaries

From an estate planning perspective, the major change that was contained within the first SECURE Act eliminated a popular strategy called the “stretch IRA.”

Non-spouse beneficiaries of both types of accounts are required to take mandatory minimum distributions. The payouts to traditional account beneficiaries are taxable, and Roth account beneficiaries do not have to claim the income when they file their returns.

Beneficiaries could choose to take only the minimum that was required for as long as possible to take full advantage of the tax benefits. The strategy was particularly useful for beneficiaries of Roth accounts with robust balances.

As a result of a SECURE Act provision, this is no longer possible. For most non-spouse beneficiaries, all of the assets must now be taken out of either type of account within 10 years.

SECURE Act 2.0

Now that we have provided the review, we can move on to the pending changes. If SECURE Act 2.0 is passed in its present form, the required minimum distribution age for traditional account holders will go up to 75.

There is a $1000 savers credit for retirement plan participants with earnings that do not exceed a certain threshold. This measure would increase the credit to $1500, and the income ceiling would be raised so more people would be eligible for the credit.

401(k) account holders who are 55 years of age and older can make $6500 annual catch-up contributions above the standard contribution limit. This figure would go up to $10,000 for individuals that have reached the age of 65 if the SECURE Act 2.0 becomes a reality.

Employees would be automatically enrolled in group retirement plans, and they would have the freedom to opt out if they choose to do so. Another provision would give employers the ability to provide retirement accounts matches for employees that make qualified student loan payments.

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Pamela Potter

Owner and founder of the Ashland, Kentucky based Potter Law Firm, Ms. Potter concentrates her practice in the area of estate planning, estate administration, and elder law. Mrs. Potter’s goal is to help her clients plan secure financial futures for themselves and their families. To achieve that goal, her firm offers a wide range of estate planning services, including wills, trusts, and powers of attorney in addition to probate, estate administration, elder law, and Medicaid Planning services.

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IRA News: SECURE Act 2.0 May Become a Reality | Kentucky & North Carolina Estate Planning Attorneys (4)

About Pamela Potter

Owner and founder of the Ashland, Kentucky based Potter Law Firm, Ms. Potter concentrates her practice in the area of estate planning, estate administration, and elder law. Mrs. Potter’s goal is to help her clients plan secure financial futures for themselves and their families. To achieve that goal, her firm offers a wide range of estate planning services, including wills, trusts, and powers of attorney in addition to probate, estate administration, elder law, and Medicaid Planning services.

IRA News: SECURE Act 2.0 May Become a Reality | Kentucky & North Carolina Estate Planning Attorneys (2024)

FAQs

What is the SECURE Act 2.0 for estate planning? ›

SECURE Act 2.0 clarifies that the beneficiary must take out at least the required minimum distribution each year, with a full payout by the tenth year. Luckily, anyone who inherited an IRA before the clarification will not be penalized for failure to take out the required minimum distribution.

What are the changes in the SECURE Act 2.0 IRA? ›

Increase in SIMPLE IRA Employee Elective Deferral Contribution Limits (Effective in 2024) SECURE 2.0 will increase the limit on annual employee elective deferral contributions to SIMPLE IRAs (currently US$15,500, plus an additional US$3,500 catch-up contribution for individuals age 50 or older).

What are the changes for Secure 2.0 in 2024? ›

Beginning this year (2024), the SECURE 2.0 Act eliminates RMDs for qualified employer Roth plan accounts. Previously, there was a difference in the rules that applied to Roth 401(k) accounts in employer plans versus Roth IRAs (i.e., the latter were not subject to required minimum distributions).

What is the SECURE Act 2.0 IRA beneficiary? ›

This continues under SECURE 2.0. For deaths in 2020 or later, only certain nonspouse individual beneficiaries (called "eligible designated beneficiaries") do not have to deplete the account within 10 years and may use their life expectancy to calculate the minimum amount that must be withdrawn each year.

How does the SECURE Act 2.0 affect beneficiaries? ›

Passed at the end of 2022, SECURE Act 2.0 clarified this issue and stipulated that beneficiaries must receive at least a minimum distribution from their inherited IRA each year and that they receive the full payout by the tenth year.

Who does the SECURE Act 2.0 apply to? ›

The SECURE Act 2.0 requires most companies to enroll eligible employees into the company's retirement plan automatically. Beginning in 2025 Section 101 states that employers starting a new 401(k) or 403(b) plan must automatically enroll eligible employees at a contribution rate of at least 3%.

What are the new IRA rules for 2024? ›

Highlights of changes for 2024. The contribution limit for employees who participate in 401(k), 403(b), and most 457 plans, as well as the federal government's Thrift Savings Plan is increased to $23,000, up from $22,500. The limit on annual contributions to an IRA increased to $7,000, up from $6,500.

Does SECURE Act 2.0 apply to IRAs? ›

Roth SIMPLE and Roth SEP IRAs.

Under SECURE 2.0 Act section 601, a simplified employee pension (SEP) arrangement or a savings incentive match plan for employees (SIMPLE) IRA plan may allow an employee to designate a Roth IRA as the IRA to which contributions under the arrangement or plan are made.

What are the changes in the SECURE Act 2.0 inherited RMD? ›

New for 2023: The Secure 2.0 Act raised the age that account owners must begin taking RMDs. For 2023, the age at which account owners must start taking required minimum distributions goes up from age 72 to age 73, so individuals born in 1951 must receive their first required minimum distribution by April 1, 2025.

Is Secure 2.0 mandatory? ›

SECURE 2.0 requires that employers with 401(k) and 403(b) plans established after December 29, 2022, automatically enroll participants in such plans, effective for plan years beginning after December 31, 2024.

What is the SECURE Act 2.0 summary? ›

The SECURE Act 2.0 is a rule that makes most companies enroll eligible employees for the company's retirement plan automatically. Starting in 2025, Section 101 requires that employers establishing a new 401(k) or 403(b) plan and enroll eligible employees automatically, with a contribution rate of at least 3%.

What is the hardship withdrawal in 2024? ›

Top SECURE Act 2.0 changes in 2024

Under the SECURE Act 2.0, employers can give you permission to take an annual distribution of up to $1,000 to cover a personal emergency with immediate need. However, you must repay the amount before you can take any further emergency distributions for future years.

What is the 10-year RMD rule? ›

The SECURE Act requires the entire balance of the participant's inherited IRA account to be distributed or withdrawn within 10 years of the death of the original owner. However, there are exceptions to the 10-year rule, and spouses inheriting an IRA have a much broader range of options available to them.

Do I need to take an RMD from an inherited IRA in 2024? ›

Notice 2024-35 will not apply to your account if you have an Inherited Roth IRA. Under the 10-year rule, Inherited Roth IRAs are not subject to RMDs in years one through nine, regardless of the deceased's age.

How do I avoid the 10-year rule for an inherited 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.

What is the SECURE Act 2.0 in layman's terms? ›

The SECURE Act 2.0 is a rule that makes most companies enroll eligible employees for the company's retirement plan automatically. Starting in 2025, Section 101 requires that employers establishing a new 401(k) or 403(b) plan and enroll eligible employees automatically, with a contribution rate of at least 3%.

How does the SECURE Act affect estate planning? ›

However, the impact of the SECURE Act is such that all of the inherited IRA assets would be distributed to the beneficiary within the 10-year period following the death of the original IRA owner. If the trust is a non-see-through trust, the timeframe is 5 years.

What is the SECURE Act 2.0 10-year rule for inherited IRAS? ›

Under the 10-year rule, the beneficiary of an account owner who died before the RBD can take distributions at any time and in any amount as long as the inherited assets are depleted by December 31 of the year containing the 10th anniversary of the account owner's death.

How does the SECURE Act 2.0 change 529 plans? ›

How will SECURE Act 2.0 affect 529 plans? SECURE 2.0 allows funds from an established 529 account to be transferred tax-free to a Roth IRA for the beneficiary of the 529 account. Now, unused educational funds have the potential to kickstart a beneficiary's Roth IRA savings. This change, however, comes with limitations.

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