Background Image
Table of Contents Table of Contents
Previous Page  29 / 507 Next Page
Information
Show Menu
Previous Page 29 / 507 Next Page
Page Background

Chapter 1: The Minimum Distribution Rules

29

1.1.02

Which plans are subject to the RMD rules

For definitions of plans referred to in this section, see

¶ 8.3 .

The minimum distribution rules are contained in

§ 401(a)(9)

which applies to

Qualified

Retirement Plans (QRPs

). The Code specifies that rules “similar to” the rules o

f § 401(a)(9)

shall

also apply to

IRAs

( § 408(a)(6) )

and

403(b) plans

( § 403(b)(10) )

.

Because the minimum distribution

regulations

were first written for QRPs, they refer to

the

participant

(the individual who earned the benefits; see p.

25)

as the “employee.” The

Treasury has made the same regulations applicable (with certain variations) to IRAs. Reg.

§ 1.408- 8 ,

A-1(a). When applying the QRP regulations to an IRA, “the employee” is to be read as “the

IRA owner.” Reg.

§ 1.408-8 ,

A-1(b). “Simplified employee pensions” (

SEP

or

SEP-IRA

;

§ 408(k) )

and

SIMPLE

IRAs

( § 408(p) )

are treated the same as other IRAs for purposes of

§ 401(a)(9)

and accordingly are subject to the same RMD rules and regulations as “regular”

traditional IRAs. Reg.

§ 1.408-8 ,

A-2.

Roth IRAs

are subject to the IRA minimum distribution rules

only

after the participant’s

death; the lifetime RMD rules do not apply to Roth IRAs.

¶ 5.2.02 (

A).

The Treasury has also made its QRP RMD regulations applicable (again with certain

variations) to

403(b) plans

. Reg.

§ 1.403(b)-6(e) .

1.1.03

RMD economics: The value of deferral

The most valuable feature of traditional tax-favored retirement plans is the ability to invest

without current taxation of the investment profits. In most cases, investing through a retirement

plan defers income tax not only on the investment profits but also on the participant’s

compensation income that was originally contributed to the plan. The longer this deferral

continues, the better, because, generally, the deferral of income tax increases the ultimate value of

the benefits.

As long as assets stay in the plan, the participant or beneficiary is investing not just “his

own” money but also “Uncle Sam’s share” of the participant’s compensation and the plan’s

investment profits,

i.e.,

the money that otherwise would have been paid to the IRS (and will

eventually be paid to the IRS) in income taxes. Keeping the money in the retirement plan enables

the participant or beneficiary to reap a profit from investing “the IRS’s money” along with his

own. Once funds are distributed from the plan, they are included in the gross income of the

participant or beneficiary, who then pays the IRS its share (see

Chapter 2 )

. Thereafter the

participant or beneficiary will no longer enjoy any investment profits from the government’s share

of the plan. Long-term deferral of distributions also tends to produce financial gain with a Roth

retirement plan, even though income tax is not being deferred; see

¶ 5.1.01 .

Despite the apparent goal of the RMD rules (assuring that tax-favored retirement plans are

used primarily to provide retirement income),

§ 401(a)(9)

permits the retirement account to stay

in existence long past the death of the participant whose work created the benefit—

if

the participant

leaves his retirement benefits to the right kind of beneficiary. If various requirements are met, the

law allows the retirement benefits to be paid out gradually, after the worker’s death, over the life

expectancy of the worker’s beneficiary.

¶ 1.5.05

. The financial benefit of the long-term deferral of