Worker, Retiree, and Employer Recovery Act of 2008 (H.R. 7327) re: RMDs for age 70-1/2 in 2009

Posted by odaulaire@gmail.com on December 24, 2008, 4:38 pm

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I turn 70 on March 6, 2009--hence 70-1/2 during 2009. Before the
recent Worker, Retiree, and Employer Recovery Act of 2008 (H.R. 7327)
became law on Dec. 14, 2008, I was advised to take my first RMD any
time in 2009, based on the 12/31/2008 balance in my SEP-IRA to avoid
having to take a double RMD in 2010. However, does this still hold
true based on the above new law? In other words, can I defer taking
my 2009 RMD altogether, and take my first one in 2010 without
incurring any penalties? If so, what is the formula for the 2010 RMD
based on my 2009 IRA year-end balance; must it be taken before April
1, 2010, will I now be exempt from the double RMD by skipping the one
for 2009, the year in which I turn 70-1/2, and are there any other
ramifications that I should be aware of?

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Posted by Alan on December 24, 2008, 4:52 pm

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odaulaire@gmail.com wrote:

> I turn 70 on March 6, 2009--hence 70-1/2 during 2009. Before the

> recent Worker, Retiree, and Employer Recovery Act of 2008 (H.R. 7327)

> became law on Dec. 14, 2008, I was advised to take my first RMD any

> time in 2009, based on the 12/31/2008 balance in my SEP-IRA to avoid

> having to take a double RMD in 2010. However, does this still hold

> true based on the above new law? In other words, can I defer taking

> my 2009 RMD altogether, and take my first one in 2010 without

> incurring any penalties? If so, what is the formula for the 2010 RMD

> based on my 2009 IRA year-end balance; must it be taken before April

> 1, 2010, will I now be exempt from the double RMD by skipping the one

> for 2009, the year in which I turn 70-1/2, and are there any other

> ramifications that I should be aware of?

Your first distribution year is 2009 and your required beginning
date (RBD) is 4/1/10. The new law suspends the distribution year
and does not change your RBD. Therefore, you are not required to
take your first distribution in 2009 (this is the one you could
have deferred to the RBD). Your first required distribution will
be for 2010 and as your RBD has not changed, you must take that
distribution, no later than 12/31/10. You would use the balance
in the account as of 12/31/09 to compute the 2010 required
distribution.

Note that under the new law, you are not required to take your
2009 distribution. This means you can elect to take it if you so
desire.

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>