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 you inherit 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. Learn more about how inherited IRAs work.

Key Takeaways

  • An inherited IRA, also known as a beneficiary IRA, is an account that you open when you inherit an IRA after the original owner dies.
  • You can't make additional contributions to an inherited IRA.
  • 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.

How an Inherited IRA Works

An inherited IRA is also known as a "beneficiary IRA."Many of the top brokers for IRAs provide support in resolving 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.

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. You cannot make additional contributions 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 with 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 advantage of this rollover 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 to 73 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 significantly affects non-spouse inheritors of IRAs. Previously, these beneficiaries could handle RMDs as spousal heirs could. Specifically, 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).

Note

If you inherit a Roth IRA, you 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 you're under 59½.

Now, 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 immediate descendants (no grandchildren), and, once they reach majority age, the 10-year rule applies.

For beneficiaries in these categories and those who already have inherited IRAs, the old distribution rules and schedules apply. There's no particular timetable for the withdrawals. You can take the money out in small withdrawals or all at once.

Your Options for Receiving Benefits

IRA beneficiaries have several options for claiming their inheritance, but 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.

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.

Frequently Asked Questions (FAQs)

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 distribution rules for inherited IRA by a non-spouse? ›

Traditional IRA: non-spousal inherited guidelines

If the person was under age 72 when they died, your withdrawal options are to: Open an inherited IRA using the life expectancy method. Open an inherited IRA using the 10-year method. Take a lump sum distribution.

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

For example, if a spouse inherits a Roth IRA and decides to treat it as their own, any withdrawn earnings on the account will be taxable until the spouse reaches age 59 ½ and the five-year holding period has been met.

What are the options for a non-spouse beneficiary of an 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:

What is the difference between an inherited IRA and a spousal 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 happens when a non-spouse inherits an IRA? ›

Non-spouse designated beneficiaries must roll the assets over to an inherited IRA and most must withdraw all the money within 10 years, as noted above.

Does a non-spouse have to take RMD from inherited IRA? ›

Non-spouse and when spouse is not sole primary beneficiary.

If all multiple beneficiaries have not established separate accounts by that December 31 date, all beneficiaries must take RMDs on the basis of the oldest beneficiary's life expectancy starting in the year after the owner's death.

Who is responsible for taxes on inherited IRA? ›

However, distributions from an inherited traditional IRA are taxable. This is referred to as “income in respect of a decedent.” That means if the owner would have paid tax, the income is taxable to the beneficiary. If you inherit the IRA from your spouse, you have the option to treat the IRA as your own.

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

These eligible beneficiaries are: Chronically ill or disabled nonspouse beneficiaries. Nonspouse beneficiaries not more than 10 years younger than the account owner who died. A minor child of the account owner (biological child or legally adopted) but only until that child reaches age 21.

What are the new rules for inherited IRAs? ›

Due to the SECURE Act of 2019, most beneficiaries can no longer “stretch” distributions over their lifetimes. Instead, many non-spouse beneficiaries who inherited IRAs on or after Jan. 1, 2020, must empty the account within 10 years of the account owner's death.

What happens when I inherit an IRA? ›

Inherited Roth IRA distributions are generally tax free if the assets have been in the owner's account for 5 years or more. If your loved one had reached RMD age before they passed away, you'll need to make sure their final RMD was taken before you take a distribution for yourself.

What is a non-spouse beneficiary? ›

A non-spouse beneficiary rollover is a retirement plan asset rollover performed in the event of the death of the account holder where the recipient is not the spouse of the deceased.

Can you name a non-spouse as an IRA beneficiary? ›

A non-spouse beneficiary can create an "inherited IRA" for the money in an IRA or qualified plan. The beneficiary can't contribute to the account, which stays in the name of the deceased person, but the inherited funds can continue to grow tax-deferred.

How is an inherited IRA taxed? ›

Tax Consequences of Inheriting a Traditional IRA

The main thing to remember about inheriting a traditional IRA is that distributions are generally taxable at the beneficiary's ordinary tax rate. If you inherit an IRA and take money out of it, you'll pay income taxes on it.

What is the 10-year rule for non spouse inherited IRAs? ›

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.

What are the new distribution rules for an inherited IRA? ›

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 are the new rules for inherited IRA distributions in 2024? ›

The latest IRS update says those heirs won't incur a penalty for missed RMDs for inherited accounts in 2024. But they still must empty the account by the original 10-year deadline.

What are the distribution options for 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.)

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