Sometimes there are good reasons to name a trust rather than an individual as a beneficiary of your IRA. Maybe you have a child who you fear will spend the money they inherit wastefully, or maybe you have a special needs heir and a direct inheritance would affect their qualifications for aid, maybe there is a second spouse you wish to provide for but children from a first marriage you want to protect also.
All of these goals can be achieved and the “stretch out” provisions of IRA rules preserved if you do some careful planning.
IRS rules only allow individuals to inherit IRAs without triggering immediate taxation. However if you structure a trust as a “see through” trust you can exert some control without losing the tax benefits of a “stretch IRA”. To qualify as “see through” the trust must:
- The trust must be valid under state law;
- The trust must be irrevocable or become irrevocable at the death of the grantor;
- The trust beneficiaries must be identifiable individuals
- Documentation must be provided to the custodian of the IRA by Oct. 31 of the year after the owner dies
The trust must pay out the IRA’s required minimum distributions to the beneficiaries or be subject to taxes at the trust level which reach the maximum tax rate (35%) with only $10,000 of income. The trust must base the RMD on the age of the oldest beneficiary so if there is a large difference in the ages of your desired beneficiaries you may want to consider splitting the IRA to allow a lower RMD for younger beneficiaries.
Having a trust as the beneficiary of your IRA can provide many benefits, but the price of making a mistake is high, so be sure to consult with a qualified legal and tax advisor before choosing this option.
