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NOTE: On January 11, 2001, the IRS issued a new set of proposed regulations dealing with IRAs.
The new regulations make major changes in the required distribution rules (both during life and after death of the IRA owner). 


Does My IRA Really Say That?!?!

Many people, recognizing that Social Security won’t be enough, have worked hard to develop additional ways to pay their costs of living during retirement. A principal tool for many has been the Individual Retirement Account (IRA), a tax-deferred account created by Uncle Sam to encourage us to save for retirement. A large part of the savings of many older adults is held in IRAs.

Why IRAs Are So Valuable

Your IRA is a great way to hold onto your retirement savings longer, by deferring payment of income taxes. Basically, so long as the money stays in your IRA, no income tax is due. And, not only can you defer paying income taxes on IRA money during your lifetime, your beneficiaries may also be able to defer paying income taxes on that money after your death.

The Paperwork Jungle

If you have an IRA, you know that there were forms that you signed when you set up your account. Those forms were provided to you by the bank, mutual fund or other financial institution (the IRA Trustee) that you deposited your IRA money with.

Those forms contained lots of small print, and included the IRA Custodial / Trustee Plan. In those forms, you may or may not have named one or more beneficiaries for your IRA.

Many people have never read their IRA forms, or (if they did) didn’t know what they meant or what to look for.

Forms are Substance

Your IRA forms matter. They need to be reviewed. Why look at all that paperwork? A few of the reasons:
Your IRA forms (together with the IRS Regulations) set the rules that determine what will happen with your IRA.
The language in IRA forms is not "standard." It differs from one IRA Trustee to another IRA Trustee to another IRA Trustee.
Your IRA forms may make your IRA less flexible than the IRS Regulations would allow.
The language in your IRA forms may produce results you didn’t expect or don’t want.
You may be able to take corrective action now.

 

Yes, This Could Happen

Joe, a widower whose principal asset is his IRA, dies at age 69.
Janet, Joe’s financially-struggling only child, is named in Joe’s IRA as his only beneficiary.
Janet checks with Joe’s IRA Trustee. She learns that Joe’s IRA forms require Janet to distribute 100% of the IRA in the year of Joe’s death.
As a result, Janet loses any chance at continuing the tax-deferral benefits of Joe’s IRA, and is pushed into a higher income tax bracket by distributing Joe’s IRA all in one year.
This result is very unfortunate, compared to what could have happened under different IRA forms. And Joe could have changed his forms during his life.
The IRS Regulations would have allowed Joe’s IRA forms to provide Janet two much more flexible choices: either distribute Joe’s IRA within roughly five years after Joe’s death; or, on making a timely special election, distribute Joe’s IRA over Janet’s life expectancy (42.5 years).

How Should You Start?

You’ve worked hard to create the savings held in your IRA – to have them for your retirement, for your spouse, for your beneficiaries. You want to protect this important asset.

For starters, pull together a full set of the forms that you’ve signed, and any other documents that make up your IRA documents. Check your files. Request a complete set from your IRA Trustee, for each IRA that you have.

Examine the forms, and ask questions of your IRA Trustee. Your IRA Trustee may have written explanations to go along with the forms. Get answers in writing from your IRA Trustee.

Find out what your IRA forms say about things like:
Who have you named as beneficiaries, and when?
If your named beneficiaries die before you, who will be your beneficiary?
If you die after your RBD, what options will your beneficiaries have? It’s lingo time: "RBD" is short for "required beginning date." For most people, their RBD is the April 1 following the calendar year in which they turn 70˝.
If you die before your RBD, what options will your beneficiaries have?

Once you’ve pulled this information together, you’re on the road to understanding your IRA, protecting your IRA investment, and making it match your long-term goals.

More Information

The subject of IRAs, what they mean, how they work, what to watch for, etc. is quite extensive. We’ve only sought to help you start out in the right direction. You may want to obtain the assistance of a qualified professional to help you analyze your IRA and your options. There following are additional articles concerning IRA's on this web site:

Turn 70 Lately?
New IRA Rules

[Updated May 6, 2001]



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