Thanks, but let's get a couple of things
clear: I'm not the taxpayer, it's not my
father's IRA. I'm a CPA (since 1978) and
member of this group since 1998; I was
approached by the taxpayer's volunteer
preparer looking for advice on this and
while I did initial research and largely
came up with what you said below since tax
is not my primary practice specialty I
tossed the question out to the group with
the hope that some of the regulars who
might have had more experience with similar
situations might have a better solution
than making the taxpayer simply fall on
his 5329 sword as you propose. (I've had
to do 5329s for single years for clients
when a custodian failed to follow the
automatic distributions order previously
set up by an IRA owner and the IRS has
let those slide but I don't see them
letting five years worth of missed RMDs
go just because of an owner's ignorance
of the beneficiary rules [ignorance of
the law is no excuse etc].)
On 3/25/2023 2:30 AM, Smart Bean wrote:
> Well, first off, it's important to sort out the situation with the
> inherited IRA and the missed RMDs. Here are some steps you can consider:
>
> 1. First, let's figure out the applicable rules for your inherited IRA.
> Since your father passed away in 2017, the pre-SECURE Act "Stretch IRA"
> rules should apply, which means that RMDs are calculated based on your
> life expectancy. The SECURE Act only applies to deaths after December
> 31, 2019, so it won't affect your inherited IRA. More details on the
> SECURE Act can be found here:
>
https://www.irs.gov/retirement-plans/secure-act
> 2. Now, let's tackle those missed RMDs. You should have started taking
> RMDs from the inherited IRA the year after your father passed away. The
> best approach is to take the missed RMDs as soon as possible and report
> the issue to the IRS. You'll want to file Form 5329 to report the missed
> RMDs and calculate the 50% excise tax on the missed amounts. However,
> the IRS may waive the penalty if you can show reasonable cause for the
> oversight. More information on Form 5329 can be found here:
>
https://www.irs.gov/forms-pubs/about-form-5329
> 3. Next, you'll want to start taking RMDs based on the Stretch IRA
> rules. Since you've already turned 72, you should take the 2023 RMD from
> the inherited IRA as soon as you can. Keep in mind that you'll need to
> continue taking RMDs from both your own IRA and the inherited IRA going
> forward.
> 4. It's always a good idea to consult with a tax professional or
> financial advisor to help you navigate these complex issues. They can
> provide personalized guidance based on your specific situation.
> 5. In summary, your best bet is to catch up on missed RMDs, report them
> to the IRS, and start taking RMDs based on the pre-SECURE Act Stretch
> IRA rules. Remember to consult with a professional to ensure you're
> making the right moves.