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INHERITED M ost people know that an Individual Retirement Account (IRA) can be a useful tool in helping to save for retirement. Oftentimes, the account has years and years of compounded and tax-advantaged growth built up by the time the owner begins to access the funds. Very often, in fact, there are funds left over in the account when the owner of the IRA passes away. And that is when things can become complicated. The actual leaving of an IRA to a beneficiary is pretty straightforward. Being the recipient of the IRA, however, requires that heirs understand a fairly rigid set of IRS regulations and the deadlines that they must meet to stretch the account for years to come. BENEFICIARY FORMS! The very first and most important step is for the IRA owner to name his or her heirs on the account’s beneficiary form. A spouse will likely inherit the IRA no matter what. Nonspouse beneficiaries, however, must be listed on the form to be allowed to stretch distributions over their lifetime and retain the tax shelter. If they’re not the named beneficiary, the so-called “stretch provision” goes away and the tax protection is lost (the “stretch-provision” will be explained in more detail below). ALL HEIRS ARE NOT THE SAME When a spouse inherits an IRA, that spouse can either take the inherited IRA as their own or remain a beneficiary. The age of the survivor is one of the biggest factors in making that determination. A surviving spouse who has not yet turned 59½ can take funds out of an inherited IRA with no early withdrawal penalty (usually 10 percent). If they move the IRA into their own IRA, they lose that advantage. Once the surviving spouse is over 59½ and can take withdrawals penalty free no matter what, they can roll the account into their own IRA and then delay any additional withdrawals (if they so choose) until age 70½ (keep in mind that with a Roth IRA, the 70½ rule does not apply). When a nonspouse inherits an IRA, the rules are a very different story. Nonspouse beneficiaries can choose one of three options: 1) They can take a lump sum distribution where the entire distribution is taxed as income in the year in which it is received. 2) They can withdraw all the funds from the IRA by December 31st of the fifth year following the IRA account owner’s death. Each withdrawal will be included in your taxable income during the year the funds are withdrawn. You don’t have to take the distributions in installments, but you must withdraw all the funds prior to the applicable December 31st date. 3) They can take distributions over their own life expectancy, leaving the bulk of the account to continue to grow tax- deferred. This is often referred to as a “Stretch IRA.” complicating factors that could impact your options. For example, if the account is a Roth IRA and not a Traditional IRA, the taxation is different, but the nonspouse will still have required minimum distributions if they utilize the stretch provision. Likewise, if there are multiple beneficiaries on the account, each may stretch their withdrawals but only if the account is split between the individual beneficiaries by December 31st of the year following the owner’s death. One of the most important steps to take when you inherit an IRA is to slow down and not make any quick decisions. Mistakes made in this situation are generally costly and permanent. With a little planning, however, your loved ones can squeeze the most out of the IRA rules for years, or possibly decades, to come. + The “stretch” provision mentioned above allows a nonspouse beneficiary to slowly withdraw funds over the course of their own lifetime. If you do nothing, the IRA will automatically convert to option two above and you will be required to withdrawal the entire account within five years. You have until December 31st the year after the person who opened the IRA dies to make your decision. Keep in mind that there are additional potentially 31