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COVID-RELATED WITHDRAWAL
Withdrawals of up to $100,000 from IRA and workplace retirement accounts were permitted until December 31, 2020. The funds could be used to cover COVID-related expenses, including treatment for you, your spouse, or dependent(s). You could also use the funds to offset income lost due to quarantine, job loss or a reduction of hours. The amount withdrawn is taxed as ordinary income. You have the option of including this in your 2020 income or spreading it out equally over 2020, 2021 and 2022. However, you can avoid paying tax on it if you repay it within three years. Additionally, if you tapped your workplace retirement plan, your plan may delay repayment for up to one year.
The Ten-Year Rule also applies to trusts that receive IRA assets on behalf of beneficiaries. If a conduit trust is established to help protect assets, it still must forward all the IRA income to beneficiaries. This would potentially expose the inherited IRA assets to heirs’ creditors and any bankruptcy or divorce proceedings – defeating the purpose of an asset protection trust. In some circumstances, you may wish to have an attorney redraft any existing conduit trusts to allow the trust to retain the assets, rather than distributing income to beneficiaries. The downside is that these assets would then be subject to less favorable trust tax rates. If you have significant assets in retirement accounts that you are planning to pass on to non-spousal beneficiaries, it is a good idea to review your estate plan documents.
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