Joe & Lucy — Different Rules within the 10-Year Period
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Joe & Lucy — Different Rules within the 10-Year Period

By Andy Ives, CFP®, AIF®
IRA Analyst

By Andy Ives, CFP®, AIF®

Some of the proposed SECURE Act regulations, released in February, are convoluted and unnecessary. We have made our opinions known. Fortunately, many of the confounding new rules — several of which we have written about — will be limited in their impact. However, a new discovery could affect a larger percentage of IRA and 401(k) beneficiaries. The combination of a few basic principles may lead to inherited IRA confusion. Does order + order = chaos?

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Q: I am age 50 and am targeting retirement at age 55. My current employer is selling the division I work for, and I see the potential that I could be laid off at, say, 52. If this were to happen, could I join a new employer with a 401(k) plan, roll my old 401(k) over to the new plan, and then take a distribution (both the rolled-over funds and the new 401(k) funds) under the rule of 55? The statute suggests that I could do this, but I have seen comments that the rollover funds wouldn't count.

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Q: I am 79 and make SEP-IRA withdrawals annually as required. I also have several regular (non-IRA) accounts. One fund I own throws off tremendous taxable capital gains every year. Is there any way I can move it into an IRA account without selling it first in a taxable transaction?

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Q: I have a 401(k) that I'd like to use a portion for a QCD. I understand that QCDs have to be from an IRA. Can I move a portion to an IRA for the QCD? How will this affect my RMD from my 401(k)? Federal tax implications?

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Q: I am 75 years old and contributing to my company's 401(K) plan. I have not taken an RMD from my 401(k) utilizing the "still-working exception." I just retired on April 30, 2022. My question is: Do I have to take an RMD from my 401(k) for the current year 2022, or am I allowed to wait until next April 2023 to commence taking the first RMD from the 401(k) plan?

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