Your IRA May Go to the Government, but You Get the Tax Bill

By Sarah Brenner, JD
IRA Analyst
Follow Us on Twitter: @theslottreport

Did you know your IRA could be escheated to the state as abandoned property? Not many IRA owners are aware of this possibility, but more and more are facing it.

Escheatment – Bigger and Badder than Ever

The legal theory of escheatment dates way back. It originally comes from old English common law. When a person with no heirs died, their property would revert back to the King. The goal was to prevent property from falling into limbo and disuse. In recent years, escheatment has changed and states have gotten much more aggressive. There has been an increase in state activity to make it easier to claim abandoned property as a source of revenue to plug budget gaps.

Escheatment and IRAs

Because IRAs are not like other property this has raised many issues as to how exactly escheatment should be handled by IRA custodians. To provide some answers, and to be sure that Uncle Sam gets his share of the abandoned property money pot, the IRS has now issued guidance. In Revenue Procedure 2018-17 Withholding and Reporting With Respect to Payments From IRAs to State Unclaimed Property Funds, (released May 29, 2018) the IRS explains how custodians should treat IRAs that are escheated to the state when it comes to reporting and withholding. The IRS guidance makes it clear that any IRA escheated to a state as abandoned property must be reported on Form 1099-R as a taxable distribution. It also clarified that the withholding rules apply. When there is no withholding election made, the custodian must withhold 10% of the distribution.

What Does this Mean for Your IRA?

No one wants their IRA to be escheated for many reasons. Now you can add to the list the fact that the IRS has now made it clear that escheatment will result in a taxable distribution. You will have a tax bill and the state will have your IRA. The only silver lining is that states have procedures to reclaim your funds. Can you deposit those funds back into your IRA? Chances are the 60-day rollover deadline will be long passed. In Private Letter Ruling 201611028, the IRS did allow a late rollover of escheated funds.

Avoid Escheatment

The bottom line is that it is best to be proactive and take steps to be sure your IRA is not escheated to the state. Escheatment rules will vary from state to state but there are some things every IRA owner can do. Contact your IRA custodian on a regular basis to keep your account active. Be sure your custodian has your current contact information and check to see that you are getting regular account statements.

Content Citation Guidelines

Below is the required verbiage that must be added to any re-branded piece from Ed Slott and Company, LLC or IRA Help, LLC. The verbiage must be used any time you take text from a piece and put it onto your own letterhead, within your newsletter, on your website, etc. Verbiage varies based on where you’re taking the content from.

Please be advised that prior to distributing re-branded content, you must send a proof to [email protected] for approval.

For white papers/other outflow pieces:

Copyright © [year of publication], [Ed Slott and Company, LLC or IRA Help, LLC – depending on what it says on the original piece] Reprinted with permission [Ed Slott and Company, LLC or IRA Help, LLC – depending on what it says on the original piece] takes no responsibility for the current accuracy of this information.

For charts:

Copyright © [year of publication], Ed Slott and Company, LLC Reprinted with permission Ed Slott and Company, LLC takes no responsibility for the current accuracy of this information.

For Slott Report articles:

Copyright © [year of article], Ed Slott and Company, LLC Reprinted from The Slott Report, [insert date of article], with permission. [Insert article URL] Ed Slott and Company, LLC takes no responsibility for the current accuracy of this article.

Please contact Matt Smith at [email protected] or (516) 536-8282 with any questions.