When writing about taxation of retirement accounts, I've referred to IRS Publication 590-B many times, as it provides guidelines to taxpayers for handling required minimum distributions (RMDs) from inherited accounts and IRA withdrawals in general. I also recommend that you talk with your tax adviser.
Before I proceed, a little history: The IRS used to have one publication that addressed issues related to retirement accounts: Publication 590, Individual Retirement Arrangements (IRAs). It covered both parts of IRAs: contributions and distributions.
However, starting with the 2014 tax-year returns (tinyurl.com/mw2pu7wn), the IRS split the publication into two sections: 590-A (which covered contributions to IRAs, along with the rules for rollover and conversion contributions) and 590-B (which dealt with distributions from IRAs, along with the rules for RMDs and IRA beneficiaries).
IRS Pub. 590-B is a key resource for taxpayers. Citing the most recent version (2024 tax year):
"This publication discusses traditional and Roth IRAs. It explains the rules for:
"Handling an inherited IRA, and ... [r]eceiving distributions (making withdrawals) from an IRA. ...
"It also explains the penalties and additional taxes that apply when the rules aren't followed. To assist you in complying with the tax rules for IRAs, this publication contains worksheets, sample forms, and tables" (tinyurl.com/y2cjrd5y).
As a taxpayer, however, you do need to be cautious about reading and relying solely on the publication. First, be mindful of the evolution of tax policy and the passage of time.
Let me give you an example. The SECURE Act, which was signed into law in December 2019, changed how RMDs were to be calculated for inherited traditional IRAs by establishing a new 10-year limit for distributions for most beneficiaries (as opposed to a potentially much longer period of life expectancy for the inheritor).
When the IRS first put out Publication 590-B in 2021 for the 2020 tax year, it offered an example that implied someone (a non-exempt beneficiary) who was subject to the new 10-year rule had to make an annual withdrawal from the inherited account.
After questions arose about whether that interpretation was correct, the IRS later released a corrected 590-B that indicated a beneficiary was allowed, but not required, to take distributions prior to the end of the 10th year, when the account needed to be emptied.
Then, in February 2022, the IRS and the Treasury Department issued proposed regulations for the SECURE Act, with subsequent final regulations not arriving until July 2024. Both the proposed and final regulations clarified that if RMDs were started by the deceased owner of the retirement account, they had to be continued by the beneficiary for nine years, then the rest of the account would be distributed in the 10th year.
In other words, Publication 590-B had it right, then changed the wording in the revised edition of 590-B, only to eventually go back to the original stance. In the meantime, the IRS issued three notices (2022-53; 2023-54, 2024-35) providing temporary relief from penalties for those who inherited IRAs after the initial owner died between 2020 and 2023 and did not make RMDs during that time.
In general, is Publication 590-B a reliable source that offers comprehensive guidelines for important tax issues? Yes. However, it's important to realize that it does not have the legal standing of the Internal Revenue Code (tinyurl.com/5cw5h7tx).
"The most reliable hierarchy of information begins with the Internal Revenue Code and Treasury Regulations, followed by official IRS rulings, notices, and announcements," Denise Appleby, CEO of Appleby Retirement Consulting Inc., wrote in the article "When IRS Guidance Goes Wrong: How to Avoid Costly IRA Mistakes" for Morningstar (tinyurl.com/yuy7rrww). "A Private Letter Ruling can also be useful, but it applies only to the taxpayer to whom it is issued."
My advice: When making decisions having to do with retirement accounts and taxes, understand that IRS Publications are helpful resources. But they are not the final word on how the Internal Revenue Code applies to a taxpayer's particular situation. When making a decision on an action that has tax consequences, your personal situation will dictate the result. That's why you need your tax adviser guiding you.
DISTRIBUTED BY ANDREWS MCMEEL SYNDICATION