In one of the more perplexing legislative chain of events it appears that Senator Max Baucus’ proposal that IRAs must be liquidated within five years of death has met its own death, at least for now.
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You may recall (see: Proposal Before Senate Finance Committee Would Limit Stretch IRAs
), Senator Baucus, Chairman of the powerful Senate Finance Committee had introduced legislation that would have required most beneficiaries to withdraw IRA funds within five years of the IRA owner’s death or five years of reaching the beneficiary reaching the age of majority. The proposed language also had exceptions for spouses and for special needs individuals.
On March 14, the Senate passed S. 1813 which does not contain this five year rule. Although the five year rule is still contained in S. 2132, the Senate has indicated that the IRA provision will be replaced with other revenue provisions.
We will continue to monitor this bill and other legislative events that affect you and your clients.