Currently pending is Congress in a harmless sounding bill entitled “Highway Investment, Job Creation And Economic Growth Act of 2012.” Buried deep within the bill is a bit of stealth legislation that would kill the concept of the stretch IRA.
The stretch IRA (we also call these an “Inherited IRA”) is a planning concept that has been well-used for years now. It allows the beneficiaries of an IRA, like children and grandchildren, to take the IRA over their life expectancy thereby reducing the income taxes on each distribution and allowing the IRA to keep growing. Before IRAs were allowed to be stretched, or inherited, the non-spouse beneficiary had to take the entire IRA out -and pay all the taxes, within five years.
So, a little known bill has a provision hidden deep inside that will make a huge change to the estate planning of most Americans -and nobody knows a thing about it.
This travesty has been recommended by Senate Finance Chairman Max Baucus (D., Mont.). Under the proposed legislation, starting for deaths next year, most nonspouse inheritors would need to withdraw the entire amount from a traditional IRA within five years. In other words, no more stretch. There’s an exception for a beneficiary who is: disabled; chronically ill; not more than 10 years younger than the employee or IRA owner; or a child who is a minor. Try and imagine the red-tape involved in trying to convince the IRS that a particular beneficiary is “chronically ill.” No, once this happens the stretch will be gone for good.
Another exception would be for Roth IRAs. But, of course, a stretch for these makes no particular sense because no taxes have to be paid on distributions anyway. There is no indication why the Democrat side of Congress thinks this is necessary. Does it have something to do with Evil Rich People? Who knows what goes through the mind of a Congressman these days. The only certain thing is that Congress seems to be focused on punishing those of who save over our lifetimes. It is far past the time that Congress needs a further shake-up message from the voters. Hopefully, that message will be loud and clear in November. Things need to be changed from the top on down.













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