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February 05, 2006 at 02:00 PM
In a first-of-its-kind private ruling, the Internal Revenue Service permitted an IRA owner to benefit multiple trust beneficiaries of his IRA while retaining the ability of each beneficiary to use his own life expectancy payout. This is a combination that has eluded planners in recent years, under the final required minimum distribution (RMD) regulations.
The use of trusts in IRA distribution planning is a complex planning issue. Under current regulations, trust beneficiaries can be treated as designated beneficiaries of an IRA for RMD purposes if the trust meets certain requirements (commonly known as a “see-through” trust). However, when one trust is named as beneficiary of an IRA, the separate beneficiaries of the trust ordinarily must all use the same distribution period (i.e., the life expectancy of the oldest beneficiary). This accelerates the ultimate tax liability on the IRA proceeds. The maximum tax deferral for multiple beneficiaries is possible only if each beneficiary can use his or her own life expectancy.
In this ruling, the decedent, who we will call David, wanted to divide an IRA between nine beneficiaries by means of a trust instrument while availing each beneficiary of the use of his or her own life expectancy distribution period. David created a single trust (Trust “T”), the terms of which created nine separate trusts at his death. Instead of designating Trust “T” as beneficiary of the IRA, he named the nine separate trusts as beneficiaries. The IRA beneficiary designation form also stated that all the trusts were being established as separate shares. Trust “T” then allocated a specific percentage of the IRA to each beneficiary.
David died later the same year (in 2003), prior to his required beginning date. Trust “T” directed its trustee to create nine separate shares, treating them as in effect at his death. David’s IRA was divided by means of a series of trustee-to-trustee transfers into nine IRAs. Each trust was funded with a percentage of the IRA specified under the terms of Trust “T.” The ruling notes that each trust share was designed to constitute a “conduit” trust for purposes of RMD rules.
