Trust as IRA Beneficiary/Inherited IRA

I was on the conference call yesterday and Ed was saying to not name a trust as a beneficiary of an IRA/401k because you could not do a Stretch. I just read the newsletter from February and on page 3 it talks about being able to take advantage of the non-spouse transfer provision is the trust qualifies as a “see-through” or “look through” trust. How can I tell if my trust and/or my clients would qualify for this provision?

Thanks. Ryan



Look at the list of requirements in Pub 590 on page 39. These apply to trusts named as plan beneficiaries. In addition, Sec 829 of the PPA indicates that such a trust can establish an inherited IRA to receive a direct transfer from an employer plan and the beneficiaries will be allowed to use the life expectancy of the oldest beneficiary to determine the RMD. Following is Q 16 pasted from Notice 2007-7:
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Q-16. If the named beneficiary of a decedent is a trust, is a plan permitted to
make a direct rollover to an IRA established with the trust as beneficiary?
A-16. Yes. A plan may make a direct rollover to an IRA on behalf of a trust
where the trust is the named beneficiary of a decedent, provided the beneficiaries of the
trust meet the requirements to be designated beneficiaries within the meaning of
§ 401(a)(9)(E). The IRA must be established in accordance with the rules in Q&A-13 of
this notice, with the trust identified as the beneficiary. In such a case, the beneficiaries
of the trust are treated as having been designated as beneficiaries of the decedent for
purposes of determining the distribution period under § 401(a)(9), if the trust meets the
requirements set forth in § 1.401(a)(9)-4, Q&A-5, with respect to the IRA.
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