RMD for Inherited IRA’s in 2009

I know that RMD’s for 2009 have been waived for 70.5 and older but haven’t seen if the same is true for RMD’s for inherited Roth and inherited IRAs. Any guidance or insight?



Here is the analysis by the House Ways and Means Committee. I have not read the actual bill. Note the bolded section.

Under the provision, no minimum distribution is required for calendar year 2009 from individual retirement plans and employer-provided qualified retirement plans that are defined contribution plans (within the meaning of section 414(i)). Thus any annual minimum distribution for 2009 from these plans required under current law, otherwise determined by dividing the account balance by a distribution period, is not required to be made. The next required minimum distribution would be for calendar year 2010. This relief applies to life-time distributions to employees and IRA owners [b]and after-death distributions to beneficiaries[/b].



The actual wording of the bill needs to be checked, and I am looking for an on line source for that. But it appears IF inherited IRAs are included, it would only be for beneficiaries who are 70.5 and up.

I certainly hope that this is clear from the bill, but Congress has left these things in limbo before – as in the case for using inherited IRAs for QCD distributions.



SEC. 201. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS.

(a) In General.–Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding at the end the following new subparagraph:

“(H) TEMPORARY WAIVER OF MINIMUM REQUIRED DISTRIBUTION.–

“(i) IN GENERAL.–The requirements of this paragraph shall not apply for calendar year 2009 to–

“(I) a defined contribution plan which is described in this subsection or in section 403(a) or 403(b),

“(II) a defined contribution plan which is an eligible deferred compensation plan described in section 457(b) but only if such plan is maintained by an employer described in section 457(e)(1)(A), or

“(III) an individual retirement plan.

“(ii) SPECIAL RULES REGARDING WAIVER PERIOD.–For purposes of this paragraph–

“(I) the required beginning date with respect to any individual shall be determined without regard to this subparagraph for purposes of applying this paragraph for calendar years after 2009, and

“(II) if clause (ii) of subparagraph (B) applies, the 5-year period described in such clause shall be determined without regard to calendar year 2009.”.

(b) Eligible Rollover Distributions.–Section 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence:

“If all or any portion of a distribution during 2009 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under section 401(a)(9) had applied during 2009, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section.”.

(c) Effective Dates.–

(1) IN GENERAL.–The amendments made by this section shall apply for calendar years beginning after December 31, 2008.

(2) PROVISIONS RELATING TO PLAN OR CONTRACT AMENDMENTS.–

(A) IN GENERAL.–If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii) solely because the plan operates in accordance with this section.

(B) AMENDMENTS TO WHICH PARAGRAPH APPLIES.–

(i) IN GENERAL.–This paragraph shall apply to any amendment to any pension plan or annuity contract which–

(I) is made pursuant to the amendments made by this section, and

(II) is made on or before the last day of the first plan year beginning on or after January 1, 2011.

In the case of a governmental plan, subclause (II) shall be applied by substituting “2012” for “2011”.

(ii) CONDITIONS.–This paragraph shall not apply to any amendment unless during the period beginning on the effective date of the amendment and ending on December 31, 2009, the plan or contract is operated as if such plan or contract amendment were in effect.



The bill as posted has no limitation to age 70.5, therefore all RMDs required under Sec 401(a)(9) are waived regardless of age. This would include beneficiaries of all ages.



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