The SECURE Act made a number of changes to IRAs, which became effective on January 1, 2020. It was followed by the CARES Act, effective March 27, 2020, which brought even more changes. A recent article from the Milwaukee Business Journal, titled “IRA planning tips for changes associated with the SECURE and CARES acts,” explains what account owners need to know.
Setting Every Community Up for Retirement (SECURE) Act
The age when you have to take your required minimum distribution (RMD) increased from 70½ to 72, if you turned 70½ on or before December 31, 2019. If you were younger than 70½ before 2020, you still must take your RMDs. However, if you can, consider deferring any distributions from your RMD until you must. This gives your IRA a chance to rebound rather than locking in any losses from the current market.
Beneficiary rules changed. The “stretch” feature of the inherited IRA was eliminated. Any non-spousal beneficiary of an IRA owner who dies after Dec. 31, 2019, must take the entire amount of the IRA within 10 years after the date of death. The exceptions are those who fall into the “Eligible Designated Beneficiary” category. That includes the surviving spouse, a child under age 18, a disabled or chronically ill beneficiary, or a beneficiary who is not more than ten years younger than the IRA owner. The Eligible Designated Beneficiary can take distributions over their life expectancy, starting in the year after the death of the IRA holder. If your estate plan intended any IRA to be paid to a trust, the trust may include a “conduit IRA” provision. This may not work under the new rules. Talk with your estate planning attorney to see if you need to make any changes to your existing plan.
IRA contributions can be made at any age, as long as there is earned income. If you have earned income and are 70 or 71, consider continuing to contribute to a Roth IRA. These assets grow tax free, and qualified withdrawals are also tax free. If you plan on making Qualified Charitable Distributions (QCD), you’ll be able to use that contribution (up to $100,000 per year) from the IRA to offset any RMDs for the year and not be treated as a taxable distribution.
Coronavirus Aid, Relief and Economic Security (CARES) Act
The deadline for contributions for traditional or Roth IRAs this year is July 15, 2020. The 2019 limit is $6,000 if you are younger than 50 and $7,000 if you are 50 and older.
RMDs have been waived for 2020. This applies to life expectancy payments. It may be possible to “undo” an RMD if it meets these qualifications:
- The RMD must have been taken between February 1—May 15 and must be recontributed or rolled over prior to July 15.
- RMDs taken in January or after May 15 are not eligible.
- Only one rollover per person is permitted within the last 12 months.
- Life expectancy payments may not be rolled over.
Individuals impacted by coronavirus may be permitted to take out $100,000 from an IRA with no penalties. They are eligible if they have:
- Been diagnosed with SARS-Cov-2 or COVID-19
- A spouse or dependent has been diagnosed
- Have experienced adverse consequences as a result of being quarantined, furloughed, or laid off or having work hours reduced due to the virus, are unable to work because of a lack of child care, closed or reduced hours of a business owned or operated by the individual, or due to other factors as determined by the Secretary of the Treasury.
- Note that these distributions are still taxable, but the income taxes can be spread ratably over a three-year period and are not subject to the 10% early distribution penalty.
Keep careful records, as it is not yet known how any of these distributions or redistributions will be accounted for through tax reporting.
If you think you need to make changes because of the SECURE Act or CARES Act, contact your financial planner and estate planning attorney.
Reference: Milwaukee Business Journal (June 1, 2020) “IRA planning tips for changes associated with the SECURE and CARES acts”