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Inherited IRA Planning — SECURE 2.0

The SECURE Act (2019) and SECURE 2.0 (2022) fundamentally changed inherited IRA rules. Most non-spouse beneficiaries are now subject to a mandatory 10-year distribution window — with annual RMDs required in years 1–9 if the original owner had reached RMD age. Misunderstanding these rules is one of the most common and costly errors in estate and retirement planning.

10 YearsMandatory Distribution Window (Most Beneficiaries)
IRC §401(a)(9)Statutory Authority
Age 732026 RMD Age (SECURE 2.0)
5 CategoriesEligible Designated Beneficiary Types
Verified 2026 IRS Figures IRC §401(a)(9) SECURE Act 2019 SECURE 2.0 Act 2022 IRS Final Regs (2024) IRS Notice 2024-35
RMD Age (2026)73
10-Year Rule Applies ToNon-EDB Beneficiaries
Annual RMDs in 10-Year PeriodRequired if Owner Died Post-RBD
Spouse Rollover OptionYes — Unlimited
Roth Inherited IRA — 10-Year RuleYes, but no annual RMDs
Penalty for Missed RMD25% (reduced to 10% if corrected)

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The SECURE Act Overhaul — What Changed and Why It Matters

Prior to the SECURE Act (effective January 1, 2020), most non-spouse beneficiaries could stretch inherited IRA distributions over their own life expectancy — a strategy known as the "stretch IRA." A 30-year-old beneficiary inheriting a $500,000 IRA could take small annual distributions over 50+ years, allowing the bulk of the account to continue growing tax-deferred.

The SECURE Act eliminated the stretch IRA for most beneficiaries. Non-eligible designated beneficiaries (non-EDBs) — which includes most adult children, grandchildren, and non-spouse beneficiaries — must now distribute the entire inherited IRA within 10 years of the original owner's death. There is no minimum annual distribution requirement under the original SECURE Act language, but the IRS's 2024 final regulations clarified that annual RMDs are required during years 1–9 if the original owner had already reached their required beginning date (RBD) at the time of death.

This distinction — whether the original owner died before or after their RBD — is the single most important factor in inherited IRA planning and the source of most practitioner errors since 2020.

Beneficiary Classification — The Decision Tree

The rules that apply to an inherited IRA depend entirely on the beneficiary's classification. There are three tiers:

Beneficiary TypeWho QualifiesDistribution Rule
Eligible Designated Beneficiary (EDB)Surviving spouse; minor child of the deceased owner; disabled individual (§72(m)(7)); chronically ill individual; individual not more than 10 years younger than the deceased ownerCan use life expectancy (stretch) distributions — the old rules still apply
Non-Eligible Designated Beneficiary (Non-EDB)Adult children, grandchildren, siblings, non-spouse beneficiaries who don't meet EDB criteria10-year rule — full distribution by December 31 of the 10th year after the owner's death; annual RMDs required in years 1–9 if owner died post-RBD
Non-Designated BeneficiaryEstate, charity, certain trusts without qualifying individual beneficiaries5-year rule (if owner died before RBD) or ghost life expectancy rule (if owner died post-RBD)
Minor Child Exception: A minor child of the deceased owner (not grandchild) qualifies as an EDB and can use life expectancy distributions — but only until they reach the age of majority (18 in most states, 21 if still in school). Once they reach majority, the 10-year rule kicks in from that date. This creates a planning window but requires careful tracking.

The Pre-RBD vs. Post-RBD Distinction — The Most Critical Planning Factor

The required beginning date (RBD) is April 1 of the year following the year the owner turns 73 (for 2026). Whether the original owner died before or after their RBD determines whether annual RMDs are required during the 10-year distribution period for non-EDB beneficiaries.

ScenarioAnnual RMDs in Years 1–9?Year 10 RequirementPlanning Implication
Owner died before RBD (before age 73)No — beneficiary can take any amount in any year, including $0Full remaining balance must be distributed by Dec 31 of Year 10Maximum flexibility — beneficiary can defer all distributions to years 9–10 if bracket management supports it
Owner died after RBD (at or after age 73)Yes — annual RMDs required in years 1–9 based on beneficiary's life expectancy from IRS tablesFull remaining balance must be distributed by Dec 31 of Year 10Less flexibility — annual RMDs create mandatory taxable income; planning focuses on bracket management around the required amounts

Practitioner Example: The Year 10 Cliff

Client inherits a $400,000 traditional IRA from a parent who died at age 78 (post-RBD). Annual RMDs in years 1–9 are approximately $18,000–$25,000 per year based on the beneficiary's life expectancy factor. By year 10, the remaining balance — assuming 6% growth and annual RMDs taken — is approximately $280,000. The entire $280,000 must be distributed in year 10.

Planning action: If the client is in the 22% bracket during years 1–9 but expects to be in the 32% bracket in year 10 (due to other income), consider taking additional voluntary distributions in years 1–9 to reduce the year 10 cliff. Conversely, if the client expects to retire and drop to a lower bracket in year 10, minimizing distributions in earlier years may be optimal. The analysis requires a multi-year projection of the client's taxable income.

Surviving Spouse Options — The Most Powerful Planning Tool

A surviving spouse has more options than any other beneficiary type and should never default to the inherited IRA treatment without a full analysis of alternatives:

1
Spousal Rollover (most common) — Roll the inherited IRA into the surviving spouse's own IRA. The account is treated as if it always belonged to the surviving spouse. RMDs are based on the surviving spouse's own age, not the deceased spouse's age. This is almost always the best option for a younger surviving spouse who doesn't need the funds immediately.
2
Treat as Inherited IRA (EDB stretch) — Keep the account as an inherited IRA. The surviving spouse can use their own life expectancy for RMDs. This option is advantageous if the surviving spouse is significantly younger than the deceased and needs to access funds before age 59½ without the 10% early withdrawal penalty — inherited IRAs are not subject to the early withdrawal penalty regardless of the beneficiary's age.
3
Delay the rollover decision — A surviving spouse can keep the account as an inherited IRA initially and then roll it over to their own IRA at any time. This allows early penalty-free access if needed, with the option to roll over once the surviving spouse reaches 59½.

Roth Inherited IRA — The Hidden Advantage

Inherited Roth IRAs are subject to the same 10-year rule as inherited traditional IRAs for non-EDB beneficiaries. However, there is a critical difference: distributions from an inherited Roth IRA are generally tax-free (assuming the 5-year holding period has been met), and there are no annual RMD requirements during the 10-year period — even if the original owner died post-RBD.

This means a non-EDB beneficiary inheriting a Roth IRA can let the entire account grow tax-free for 10 years and then take the full distribution tax-free in year 10. The compounding effect is significant: a $200,000 inherited Roth IRA growing at 7% for 10 years becomes approximately $393,000 — all distributed tax-free.

This is one of the strongest arguments for Roth conversion planning during the original owner's lifetime — converting traditional IRA balances to Roth before death dramatically improves the after-tax value of the inheritance for non-spouse beneficiaries.

Tax Minimization Strategies Within the 10-Year Window

StrategyHow It WorksBest For
Bracket-filling distributionsTake distributions each year up to the top of the current tax bracket (e.g., fill the 22% bracket before spilling into 24%)Beneficiaries with variable income or who expect higher income in later years
Defer to low-income yearsIf the beneficiary expects a low-income year (sabbatical, business loss, retirement), concentrate distributions in that yearSelf-employed beneficiaries with volatile income
Coordinate with other deductionsTime large distributions to years with large itemized deductions (medical expenses, charitable contributions, casualty losses)Beneficiaries with significant deductible expenses in specific years
QCD from inherited IRA (age 70½+)Beneficiaries age 70½ or older can make Qualified Charitable Distributions from an inherited IRA — up to $105,000 in 2026 — satisfying the RMD requirement tax-freeCharitably inclined beneficiaries age 70½+
Disclaim to next-generation beneficiaryA beneficiary can disclaim the inherited IRA within 9 months of the owner's death, passing it to the contingent beneficiary — potentially a younger person with a longer distribution window or lower tax rateHigh-income beneficiaries who don't need the funds and have lower-bracket children

Frequently Asked Questions

My client inherited an IRA in 2020 and didn't take any RMDs in 2021–2023. Are they in trouble?
The IRS issued a series of notices (Notice 2022-53, Notice 2023-54, Notice 2024-35) waiving the RMD penalty for inherited IRA beneficiaries who missed RMDs during 2021–2024 while the regulations were being finalized. The 2024 final regulations confirmed that annual RMDs are required for non-EDB beneficiaries when the original owner died post-RBD, effective for 2025 and later. Your client should begin taking annual RMDs starting in 2025 based on their life expectancy factor from the Single Life Expectancy Table. The missed 2021–2024 RMDs are waived — no penalty, no corrective action required for those years.
Can a trust be named as beneficiary and still get stretch treatment?
Only if the trust qualifies as a "see-through trust" under IRS regulations, meaning it meets four requirements: (1) the trust is valid under state law; (2) the trust is irrevocable or becomes irrevocable at the owner's death; (3) the trust beneficiaries are identifiable from the trust document; and (4) a copy of the trust document is provided to the IRA custodian by October 31 of the year following the owner's death. Even a qualifying see-through trust only gets EDB treatment if all trust beneficiaries are EDBs. If any trust beneficiary is a non-EDB (e.g., an adult child), the 10-year rule applies to the entire trust. Conduit trusts and accumulation trusts have different rules — this is a complex area requiring careful trust drafting and IRA beneficiary coordination.
What is the penalty for missing a required RMD from an inherited IRA?
The penalty for a missed RMD is 25% of the amount that should have been distributed. However, SECURE 2.0 reduced this to 10% if the missed RMD is corrected within the "correction window" — which is the earlier of: (1) the date the IRS issues a deficiency notice; or (2) the last day of the second tax year following the year of the missed RMD. To correct, the beneficiary must take the missed distribution and file Form 5329 requesting a waiver of the remaining 15% penalty. Given the IRS's recent pattern of waiving penalties during the regulatory transition period, practitioners should document any reliance on IRS notices when advising clients about missed RMDs.
Can a non-EDB beneficiary convert an inherited traditional IRA to a Roth?
No. Roth conversions are not permitted for inherited IRAs held by non-spouse beneficiaries. Only a surviving spouse who rolls the inherited IRA into their own IRA can then convert to a Roth. This is one of the key planning reasons to encourage Roth conversions during the original owner's lifetime — once the owner dies, the opportunity to convert on behalf of non-spouse beneficiaries is permanently lost.
How does the 10-year rule interact with state income taxes?
State income tax treatment of inherited IRA distributions varies significantly. Some states (e.g., Pennsylvania) exempt retirement distributions from state income tax entirely. Others (e.g., California) tax inherited IRA distributions at full ordinary income rates with no special treatment. A few states have their own RMD rules that differ from federal. When planning the timing of distributions within the 10-year window, always layer in the state income tax impact — in high-tax states like California (13.3% top rate), the combined federal and state marginal rate on a large year-10 distribution can exceed 50% for high-income beneficiaries.
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Quick Reference — 2026
RMD Age73
Non-EDB Distribution Window10 Years
Annual RMDs Required?Yes (if post-RBD death)
Missed RMD Penalty25% (10% if corrected)
Roth Inherited IRA RMDsNone (10-yr rule still applies)
QCD Limit (age 70½+)$105,000
AuthorityIRC §401(a)(9)

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