Inherited 401(k): Rules and Tax Information

When you inherit a 401(k) retirement account, there are tax rules and other guidelines that beneficiaries must follow in order to make the most of their inheritance.

Inheriting a 401(k) isn’t as simple as an inheritance like cash, property, or jewelry. How you as the beneficiary must handle the account is determined by your relationship to the deceased, your age, and other factors.

Understanding the tax treatment of an inherited 401(k) is especially important because 401(k) accounts are tax-deferred vehicles. That means regardless of your status as a beneficiary you will owe taxes on the withdrawals from the account, now or later.

What Is an Inherited 401(k)?

The rules for inheriting a 401(k) are different when you inherit the account from a spouse versus someone who wasn’t your spouse. Depending on your relationship, there are different options for what you can do with the money and how your tax situation will be affected.

A 401(k) is a tax-deferred retirement account, and the beneficiary will owe taxes on any withdrawals from that account, based on their marginal tax rate.

Inheriting a 401(k) From a Spouse

A spouse has a number of options when inheriting a 401(k). These include:

•   Roll over the inherited 401(k) into your own 401(k) or into an inherited IRA:: For many spouses, taking control of an inherited 401(k) by rolling over the funds is often the smartest choice. A rollover gives the money more time to grow, which could be useful as part of your own retirement strategy. Also, rollovers do not incur penalties or taxes. (However, if you convert funds from a traditional 401(k) to a Roth 401(k) or a Roth IRA, you will likely owe taxes on the conversion to a Roth account.)

Also, once the rollover is complete, traditional 401(k) or IRA rules apply, meaning you’ll face a 10% penalty for early withdrawals before age 59½.

And when you reach age 73, you must start taking required minimum distributions (RMDs). Because RMD rules have recently changed, owing to the SECURE Act 2.0, it may be wise to consult a financial professional to determine the strategy that’s best for you.

•   Take a lump sum distribution: Withdrawing all the money at once will not incur a 10% early withdrawal penalty as long as you’re over 59 ½, but you’ll owe income tax on the money in the year you withdraw it — and the amount you withdraw could move you into a higher tax bracket.

•   Reject or disclaim the inherited account: By doing this, you would be passing the account to the next beneficiary.

•   Leave the inherited 401(k) where it is (as long as the plan allows this option): If you don’t touch or transfer the inherited 401(k), you are required to take RMDs if you’re at least 73. If you’re not yet 73, other rules apply and you may want to consult a professional.

Inheriting a 401(k) From a Non-Spouse

The options for a non-spouse beneficiary such as a child or sibling are more limited. For example, as a non-spouse beneficiary you cannot rollover an inherited 401(k) into your own retirement account. These are the options you have:

•   “Disclaim” or basically reject the inherited account.

•   Take a lump-sum distribution. If you are 59 ½ or older, you won’t face the 10% penalty, but you will have to pay taxes on the distribution.

•   Roll over the inherited 401(k) into an inherited IRA. This allows you to take distributions based on a specific timeline, as follows:

If the account holder died in 2019 or earlier, one option you have is to take withdrawals for up to five years — as long as the account is empty after the five-year period. This is known as the five-year rule. The other option is to take distributions based on your own life expectancy beginning the end of the year following the account holder’s year of death.

If the account holder died in 2020 or later, you have 10 years to withdraw all the funds. You must start taking withdrawals starting no later than December 31 of the year after the death of the account holder. This rule is known as the 10-year rule.

Note that if you are a non-spouse beneficiary and you’re younger than 59 ½ at the time the withdrawals begin, you won’t face a 10% penalty for early withdrawals.

The exception to the 10-year rule is if you’re a minor child, chronically ill or disabled, or not more than 10 years younger than the deceased, you can take distributions throughout your life (see more about this below). In that case, you might want to use the distributions to set up a retirement account of your own, such an IRA, in a brokerage account, for instance.

Tax Implications for Spouses vs. Non-Spouse Beneficiaries

In general, distributions from inherited 401(k)s for both spouse and non-spouse beneficiaries are subject to income tax. That means the beneficiaries pay taxes based on their current tax rate for any withdrawals they make. This is something to keep in mind if you are considering a lump sum distribution. In that case, the taxes could push you into a higher tax bracket.

One option spouse beneficiaries have that non-spouse beneficiaries don’t, is to roll over the 401(k) into their own 401(k) or IRA. Such a rollover will not incur taxes at the time it takes place — the funds are treated as if they were originally yours. With this option, RMDs (and the taxes they entail) don’t need to be taken until you are 73.

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How RMDs Impact Inherited 401(k)s

If the account holder died prior to January 1, 2020, beneficiaries can use the so-called “life expectancy method” to withdraw funds from an inherited 401(k). That means taking required minimum distributions, or RMDs, based on your own life expectancy per the IRS Single Life Life Expectancy Table (Publication 590-B).

But if the account holder died after December 31, 2019, the SECURE Act outlines different withdrawal rules for those who are defined as eligible designated beneficiaries.

Calculating RMDs for Inherited 401(k)s

Calculating RMDs is different for spouse beneficiaries and non-spouse beneficiaries. Spouse beneficiaries who roll over the 401(k) into an inherited IRA can take RMDs based on their age and life expectancy factor that’s in the IRS Single Life Expectancy Table.

For non-spouse beneficiaries, if the original 401(k) account holder died before January 1, 2020, and the account holder’s death occurred before they started taking RMDs (called the required beginning date), the beneficiary can take distributions based on their own life expectancy starting at the end of the year following the account holder’s year of death. Or they can follow the five-year rule outlined above.
However, if the account holder’s death occurred after they started taking RMDs, non-spouse beneficiaries can take distributions based on their own life expectancy or the account holder’s remaining life expectancy, whichever is longer.

The scenario changes if the account holder died in 2020 or later because of SECURE 2.0. This when the withdrawal ranges depend on whether the non-spouse beneficiary is an eligible designated beneficiary or a designated beneficiary. An eligible designated beneficiary can take RMDs based on their own life expectancy or the account holder’s remaining life expectancy, whichever is longer — or they can use the 10-year rule mentioned above. A designated beneficiary, on the other hand, must follow the 10-year rule.

What Is an Eligible Designated Beneficiary?

To be an eligible-designated beneficiary, and be allowed the option to take RMDs based on your own life expectancy, an individual must be one of the following:

•   A surviving spouse

•   No more than 10 years younger than the original account holder at the time of their death

•   Chronically ill

•   Disabled

•   A minor child

Individuals who are not eligible-designated beneficiaries must withdraw all the funds in the account by December 31st of the 10th year following the year of the account owner’s death.`

Exceptions to the 10-Year Rule for Eligible Designated Beneficiaries

Eligible designated beneficiaries are exempt from the 10-year rule (that is, unless they choose to take it). With the exception of minor children, eligible designated beneficiaries can take distributions over their life expectancy.

Minor children must take any remaining distributions within 10 years after their 18th birthday.

Recommended: Retirement Planning Guide

How to Handle Unclaimed Financial Assets

What if someone dies, leaving a 401(k) or other assets, but without a will or other legally binding document outlining the distribution of those assets?

That money, or the assets in question, may become “unclaimed” after a designated period of time. Unclaimed assets may include money, but can also refer to bank or retirement accounts, property (such as real estate or vehicles), and physical assets such as jewelry.

Unclaimed assets are often turned over to the state where that person lived. However, it is possible for relatives to claim the assets through the appropriate channels. In most cases, it’s incumbent on the claimant to provide supporting evidence for their claim, since the deceased did not leave a will or other documentation officially bequeathing the money to that person.

Tips for Locating and Claiming Unclaimed 401(k) Accounts

Because of the SECURE 2.0 Act, it is now generally easier to track down an unclaimed 401(k). As part of the Act, the Department of Labor set up a lost and found database for workplace retirement plans. To use the database, you’ll first need a Login.gov account. You can set up an account online by supplying your legal name, date of birth, Social Security number, and the front and back of an active driver’s license. You’ll also need a cell phone for verification purposes.

Through the lost and found database for workplace retirement plans, you can search for retirement accounts associated with a person’s Social Security number. Once you find an account, the database will provide contact information for the plan administrators. You can reach out to the administrators to find out more about the account and what you might be eligible to collect.

The Takeaway

Inheriting a 401(k) can be a wonderful and sometimes unexpected financial gift. It’s also a complicated one. For anyone who inherits a 401(k) — spouse or non-spouse — it can be helpful to review the options for what to do with the account, in addition to the rules that come with each choice.

In some cases, the beneficiary may have to take required distributions (withdrawals) based on their age. In other cases, those required withdrawals may be waived. But in almost all cases, withdrawals from the inherited 401(k) will be taxed at the beneficiary’s marginal tax rate.

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FAQ

Can an inherited 401(k) be rolled into an IRA?

Yes, an inherited 401(k) can be rolled over into an IRA. Spouse beneficiaries of a 401(k) can have it directly rolled over into an inherited IRA account in their name. Non-spouse beneficiaries can do the same. However, if the original account holder died after December 31, 2019, the non-spouse beneficiary must withdraw the entire amount in the account within 10 years.

Are there penalties for not taking RMDs from an inherited 401(k)?

There is a 25% penalty for not taking RMDs from an inherited 401(k). However, if the mistake is corrected within two years, the penalty may be reduced to 10%.

How are inherited 401(k) distributions taxed?

For both spouse and non-spouse beneficiaries, distributions from inherited 401(k)s are subject to income tax. This means the beneficiaries pay taxes based on their current tax rate for any distributions or withdrawals they make.

What happens to a 401(k) with no designated beneficiary?

A 401(k) with no designated beneficiary is automatically inherited by the account holder’s spouse upon their death. For those who are unmarried with no designated beneficiary, the 401(k) may become part of their estate and go through probate with their other possessions.

Do non-spouse beneficiaries have to withdraw inherited 401(k) funds within 10 years?

If the 401(k) account holder died in 2020 or later, non-spouse beneficiaries generally have to withdraw all the funds from the inherited 401(k) within 10 years. However, there is an exception for eligible designated beneficiaries (which includes a spouse, a minor child, a beneficiary who is chronically ill or disabled, or a beneficiary who is not more than 10 years younger than the account holder at the time of their death). These eligible designated beneficiaries are exempt from the 10-year rule and can instead take distributions over their lifetime if they choose.

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