New IRS Ruling Allows Relief on Unwanted 2009 RMDs

[kcjenkins]

IRS Notice 2009-82 - Released on September 24, 2009

IRA Owners and Plan Participants now can now put back unwanted RMDs for 2009.

RMDs were waived for 2009, but the relief came late in 2008 causing some people to take withdrawals that were not required. This Notice provides retroactive relief for IRA owners and spouse beneficiaries by allowing them to rollover (put back) 2009 RMDs received earlier this year.

IRS is waiving the 60-day rollover deadline to permit any IRA owner, plan participant, or their spouse beneficiary to undo the 2009 RMD, regardless of when in 2009 they took the unwanted RMD.

The deadline has been extended to November 30, 2009 or 60 days from the date the funds were received, whichever is later. This means your client who received an RMD (which was not required) in January or March, for example, now has the option of rolling those funds back int o a tax-deferred account.

This relief does NOT apply to non-spouse beneficiaries who are prohibited by the tax code from ever doing a rollover.

CAUTION: The one rollover per year rule is still in effect.

This ruling provides new tax planning opportunities for your clients who are subject to RMDs, but as with any tax ruling – there can be costly tax traps as well.