IRA TAX MEMO: Why You Really Need a Protective Trust

Extract from forthcoming update to Practitioner’s Guide to IRA Distribution Rules

By Seymour Goldberg, CPA, MBA, JD
The Practitioner’s Guide to the IRA Distribution Rules under the SECURE Act

Editor’s note: As Sy Goldberg prepares an update to his “Practitioner’s Guide to the IRA Distribution Rules under the SECURE Act,”  he’s uncovering some important nuggets, such as this extract to be found in a section called Advantages of Trusts as IRA Beneficiary. This extract, and much more, will be included in the forthcoming update, which is free to purchasers of the current edition.

The use of a protective trust as an IRA beneficiary with special provisions when clients have insufficient probate assets and significant IRA assets and the estate tax liability is significant.

This means that there may not be a source for payment of estate taxes that are attributable to the IRA assets if the beneficiary or beneficiaries of the IRA assets do not voluntarily cooperate in reimbursing the personal representative of the estate for the estate taxes attributable to the IRA accounts.