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Question on non-spouse inherited IRA rollover/transfers

 

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Question on non-spouse inherited IRA rollover/transfers Rich Carreiro 07-15-2007
Posted by Rich Carreiro on July 15, 2007, 3:10 pm
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A relative of mine has just inherited a share of a trad IRA
and a Roth IRA from her father. The IRAs listed her and her
sister as 50/50 beneficiaries.

I'm trying to make sure my relative (the decedent's
daughter) doesn't get hosed on this...

She's contacted her late father's financial advisor (who
works with American funds -- her dad's trad and Roth IRA
accounts are with American). The advisor is trying like heck
to discourage my relative from transferring her share of the
inherited IRA to an inherited IRA account at Fidelity (which
is where all her other investments are kept).

Anyhow, after finally and politely getting the advisor to
admit defeat, he said she could do a "60-day rollover" to
get the money into the inherited IRA account at Fido. She
has NOT signed off on that yet.

I am under th impression that this could not be done -- if a
check made payable to her is sent, it'll (a) all be taxable
income (except from the funds from the Roth), and (b) it
will not be able to be put back into inherited IRA accounts.
In other words, only a direct trustee-to-trustee transfer
will do the trick (which could involve a check, as long as
the check is made out to "Fidelity FBO [whatever]" and not
to my relative).

Is my understanding correct?

And if so, could you point to pubs/regs/IRC that states
this, so I can give that reference to my relative so she can
in turn quote it at the advisor.

Thanks!

--
Rich Carreiro rlc-news@rlcarr.com

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
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Posted by A.G. Kalman on July 18, 2007, 5:12 am
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Rich Carreiro wrote:

> A relative of mine has just inherited a share of a trad IRA
> and a Roth IRA from her father. The IRAs listed her and her
> sister as 50/50 beneficiaries.
>
> I'm trying to make sure my relative (the decedent's
> daughter) doesn't get hosed on this...
>
> She's contacted her late father's financial advisor (who
> works with American funds -- her dad's trad and Roth IRA
> accounts are with American). The advisor is trying like heck
> to discourage my relative from transferring her share of the
> inherited IRA to an inherited IRA account at Fidelity (which
> is where all her other investments are kept).
>
> Anyhow, after finally and politely getting the advisor to
> admit defeat, he said she could do a "60-day rollover" to
> get the money into the inherited IRA account at Fido. She
> has NOT signed off on that yet.
>
> I am under th impression that this could not be done -- if a
> check made payable to her is sent, it'll (a) all be taxable
> income (except from the funds from the Roth), and (b) it
> will not be able to be put back into inherited IRA accounts.
> In other words, only a direct trustee-to-trustee transfer
> will do the trick (which could involve a check, as long as
> the check is made out to "Fidelity FBO [whatever]" and not
> to my relative).
>
> Is my understanding correct?
>
> And if so, could you point to pubs/regs/IRC that states
> this, so I can give that reference to my relative so she can
> in turn quote it at the advisor.

Sec. 829 of the Pension Protection Act of 2006 added Sec.
402(c)(11) to Title 26. See IRS Notice 2007-07 for details
and a Q&A. A direct trustee to trustee transfer is required.
Especially read Q&A 14 which states that a plan does not
have to offer this option.

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on July 19, 2007, 10:32 pm
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> Sec. 829 of the Pension Protection Act of 2006 added Sec.
> 402(c)(11) to Title 26. See IRS Notice 2007-07 for details
> and a Q&A. A direct trustee to trustee transfer is required.
> Especially read Q&A 14 which states that a plan does not
> have to offer this option.

Wrong reference. This provision has to do with 401(k)
non-spouse beneficiaries, who previously had no transfer
ability and stricter distribution timeframes. The OP has to
do with IRAs, which have had more liberal treatment for
non-spouse beneficiaries for some time and, AFAIK, are
mandatory for the "losing" custodian.

--
Phil Marti
Clarksburg, MD

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Rich Carreiro on July 19, 2007, 10:32 pm
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> Sec. 829 of the Pension Protection Act of 2006 added Sec.
> 402(c)(11) to Title 26. See IRS Notice 2007-07 for details
> and a Q&A. A direct trustee to trustee transfer is required.
> Especially read Q&A 14 which states that a plan does not
> have to offer this option.

This is a plain old IRA with named beneficiaries,
not a qualified plan.

--
Rich Carreiro rlc-news@rlcarr.com

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by A.G. Kalman on July 19, 2007, 10:32 pm
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A.G. Kalman wrote:
> Rich Carreiro wrote:

>> A relative of mine has just inherited a share of a trad IRA
>> and a Roth IRA from her father. The IRAs listed her and her
>> sister as 50/50 beneficiaries.
>>
>> I'm trying to make sure my relative (the decedent's
>> daughter) doesn't get hosed on this...
>>
>> She's contacted her late father's financial advisor (who
>> works with American funds -- her dad's trad and Roth IRA
>> accounts are with American). The advisor is trying like heck
>> to discourage my relative from transferring her share of the
>> inherited IRA to an inherited IRA account at Fidelity (which
>> is where all her other investments are kept).
>>
>> Anyhow, after finally and politely getting the advisor to
>> admit defeat, he said she could do a "60-day rollover" to
>> get the money into the inherited IRA account at Fido. She
>> has NOT signed off on that yet.
>>
>> I am under th impression that this could not be done -- if a
>> check made payable to her is sent, it'll (a) all be taxable
>> income (except from the funds from the Roth), and (b) it
>> will not be able to be put back into inherited IRA accounts.
>> In other words, only a direct trustee-to-trustee transfer
>> will do the trick (which could involve a check, as long as
>> the check is made out to "Fidelity FBO [whatever]" and not
>> to my relative).
>>
>> Is my understanding correct?
>>
>> And if so, could you point to pubs/regs/IRC that states
>> this, so I can give that reference to my relative so she can
>> in turn quote it at the advisor.

> Sec. 829 of the Pension Protection Act of 2006 added Sec.
> 402(c)(11) to Title 26. See IRS Notice 2007-07 for details
> and a Q&A. A direct trustee to trustee transfer is required.
> Especially read Q&A 14 which states that a plan does not
> have to offer this option.

Whoops.... missed the point of inheriting an IRA rather
than a retirement plan. So... my answer is only correct if
one inherits a retirement plan. Then, a trustee to trustee
transfer is required to get the funds into an IRA.

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

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