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Cleaning Up After Formula 409Cleaning Up After Formula 409

The UPIA’s treatment of retirement benefits should be reformed.

jones618

After the death of (1) a participant in an employer-sponsored tax-qualified retirement plan that’s a defined contribution plan, or (2) an individual who accumulates an individual retirement account, the benefits from those plans/accounts are payable to a beneficiary. In most cases, the beneficiary is designated by the plan participant or IRA owner. When a trust is named as beneficiary, the trustee of the trust so named will frequently establish an inherited IRA, then effectuate a direct, trustee-to-trustee transfer of the decedent’s plan benefits to the inherited IRA. 

Some retirement benefits are payable in cash and securities that may be transferred to the receiving trust’s inherited IRA, while others pay in the form of an annuity.

Some ...

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About the Authors

Michael J. Jones

Partner, Thompson Jones LLP

Mike is a partner in Thompson Jones LLP. His tax consulting practice focuses on sophisticated wealth transfer strategy, trust and probate matters (both administration and controversy resolution), family business transitions, and taxpayer representation before the IRS. He is a noted authority on estate planning for IRA and retirement plan benefits, and chairs Trusts & Estates magazine's Retirement Benefits Committee. Mike was listed among CPA Magazine's Top 50 IRS Practitioners and Top 40 Tax Advisors to Know During a Recession.

Robert K. Kirkland

Partner, Kirkland Woods & Martinsen LLP

Robert K. Kirkland is a partner in Liberty, Mo.’s Kirkland Woods & Martinsen LLP.