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How to Implement a “Stretch IRA” Strategy (Pre-SECURE Act Rules)

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Understanding the Stretch IRA Strategy

The Stretch IRA strategy, prior to the enactment of the SECURE Act, was a sophisticated estate planning tool designed to extend the tax-deferred status of an Individual Retirement Account (IRA) across multiple generations. This strategy allowed beneficiaries to “stretch” the distributions from an inherited IRA over their lifetimes, thereby minimizing the annual tax burden and maximizing the growth potential of the inherited funds. While the SECURE Act has significantly altered the landscape of inherited IRAs, understanding the pre-SECURE Act rules remains crucial for those who inherited IRAs under the old regime.

Implementing a Stretch IRA strategy required careful planning and a deep understanding of the Internal Revenue Code. The complexity of the rules governing required minimum distributions (RMDs) meant that even a small oversight could lead to significant tax liabilities. Many laypeople underestimated the intricacies involved, often leading to unintended tax consequences. This underscores the importance of consulting with an experienced attorney and CPA to navigate these complexities effectively.

Eligibility and Beneficiary Designations

Before the SECURE Act, the key to implementing a Stretch IRA strategy was the careful selection of beneficiaries. Only “designated beneficiaries” could take advantage of the stretch provisions, which allowed them to spread the RMDs over their life expectancies. A designated beneficiary is an individual named in the IRA documentation, and it is crucial to ensure that the beneficiary designations are up-to-date and correctly structured to avoid complications.

Common misconceptions included the belief that any named beneficiary could stretch their distributions. However, entities such as estates, charities, or trusts that did not qualify as “see-through” trusts were not eligible for the stretch provisions. This misunderstanding often led to accelerated distribution schedules and higher tax burdens. Engaging a knowledgeable attorney and CPA to review and update beneficiary designations was essential to ensure compliance with the rules and optimize the tax benefits of the Stretch IRA strategy.

Calculating Required Minimum Distributions

Once a designated beneficiary was correctly established, the next step in the Stretch IRA strategy was calculating the RMDs. The beneficiary’s life expectancy, as determined by the IRS’s Single Life Expectancy Table, was used to calculate the annual RMDs. This calculation required precision, as any errors could result in substantial penalties, including a 50% excise tax on the amount that should have been withdrawn but was not.

Many individuals mistakenly believed that the RMDs could be deferred indefinitely, leading to costly penalties. The IRS’s rules were explicit in requiring annual distributions, and failing to adhere to these requirements could quickly erode the tax advantages of the Stretch IRA. Professional guidance was indispensable in ensuring that the RMDs were calculated accurately and timely, preserving the integrity of the Stretch IRA strategy.

Trusts as Beneficiaries

Utilizing trusts as beneficiaries added another layer of complexity to the Stretch IRA strategy. While trusts could be used to control the distribution of IRA assets and provide asset protection, not all trusts qualified for the stretch provisions. Only “see-through” trusts, which met specific IRS criteria, could stretch the distributions over the life expectancy of the oldest trust beneficiary.

The intricacies of trust law and tax regulations meant that drafting a qualifying see-through trust required the expertise of an attorney and CPA. Common pitfalls included failing to meet the IRS’s requirements for see-through trusts, which could result in the acceleration of distributions and increased tax liabilities. A well-drafted trust could preserve the stretch benefits while providing the desired control and protection over the IRA assets.

Impact of the SECURE Act

The enactment of the SECURE Act in December 2019 marked a significant shift in the rules governing inherited IRAs. Under the new law, most non-spouse beneficiaries are required to withdraw the entire balance of an inherited IRA within ten years of the original owner’s death. This change effectively eliminated the ability to stretch distributions over the beneficiary’s lifetime for most individuals.

Understanding the impact of the SECURE Act is crucial for those who inherited IRAs before its enactment, as they may still be able to utilize the old rules. However, the transition to the new regime requires careful consideration and planning. Consulting with an attorney and CPA is essential to navigate the post-SECURE Act landscape and explore alternative strategies that align with the current legal framework.

Conclusion: The Importance of Professional Guidance

The Stretch IRA strategy, under the pre-SECURE Act rules, offered significant tax advantages but required meticulous planning and execution. The complexity of the rules and the potential for costly mistakes highlighted the necessity of professional guidance. Engaging an experienced attorney and CPA was not merely advisable but essential to successfully implement this strategy and safeguard the financial legacy intended for future generations.

As the legal and tax landscape continues to evolve, staying informed and proactive in estate planning is critical. While the Stretch IRA strategy may no longer be viable for new beneficiaries under the SECURE Act, understanding its principles and implications remains valuable. Professional advisors can provide tailored solutions and strategies that align with current laws, ensuring that clients’ financial goals are met efficiently and effectively.

Next Steps

Please use the button below to set up a meeting if you wish to discuss this matter. When addressing legal and tax matters, timing is critical; therefore, if you need assistance, it is important that you retain the services of a competent attorney as soon as possible. Should you choose to contact me, we will begin with an introductory conference—via phone—to discuss your situation. Then, should you choose to retain my services, I will prepare and deliver to you for your approval a formal representation agreement. Unless and until I receive the signed representation agreement returned by you, my firm will not have accepted any responsibility for your legal needs and will perform no work on your behalf. Please contact me today to get started.

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— Prof. Chad D. Cummings, CPA, Esq. (emphasis added)


Attorney and CPA

/Meet Chad D. Cummings

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I am an attorney and Certified Public Accountant serving clients throughout Florida and Texas.

Previously, I served in operations and finance with the world’s largest accounting firm (PricewaterhouseCoopers), airline (American Airlines), and bank (JPMorgan Chase & Co.). I have also created and advised a variety of start-up ventures.

I am a member of The Florida Bar and the State Bar of Texas, and I hold active CPA licensure in both of those jurisdictions.

I also hold undergraduate (B.B.A.) and graduate (M.S.) degrees in accounting and taxation, respectively, from one of the premier universities in Texas. I earned my Juris Doctor (J.D.) and Master of Laws (LL.M.) degrees from Florida law schools. I also hold a variety of other accounting, tax, and finance credentials which I apply in my law practice for the benefit of my clients.

My practice emphasizes, but is not limited to, the law as it intersects businesses and their owners. Clients appreciate the confluence of my business acumen from my career before law, my technical accounting and financial knowledge, and the legal insights and expertise I wield as an attorney. I live and work in Naples, Florida and represent clients throughout the great states of Florida and Texas.

If I can be of assistance, please click here to set up a meeting.



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