Questions continue to arrive in my email about required minimum distributions (RMDs) from retirement accounts, and with good reason, considering the amount of change (and confusion) for RMD-related regulations that came from the two SECURE Acts, which were signed into law in 2019 and 2022.
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"Andrea" asked about the following situation in regard to a Simplified Employee Pension IRA, or SEP-IRA:
"I will be reaching 73 this year and will be taking distributions from my traditional IRA and inherited IRA. The question I have is if I continue to be a self-employed 1099 NEC worker, must I take my RMD from my SEP-IRA? I will be making a contribution this year into the SEP. ... I have done a lot of reading, have a tax adviser that is unsure about this and need clarification on this soon. I am the sole participant with this plan and do not have employees."
There's a lot to discuss here, and while I will offer an overview, the final answer will have to be confirmed by Andrea's tax adviser, as every person's tax situation is unique.
Andrea's core question is whether a self-employed individual can delay RMDs from her SEP-IRA retirement account because she is still working.
I can give you my answer ("no"), but, again, readers need to rely on their own tax advisers for answers.
Let me give you an idea of how I would think this through.
First, RMDs are currently mandatory at age 73 unless there is an exception in the law. So, you're looking for a clear exception specifically for SEP-IRAs that would apply to the self-employed "owner" of the business who is still working.
There is a "still working" exception for 401(k) plans, but it doesn't apply to someone who owns 5% or more of the stock of the employer. Additionally, 401(k) plan rules don't apply to SEP-IRAs, and a self-employed individual is the 100% owner of the business.
If you look for a "still working" exception for SEP-IRAs, you won't find one.
Quoting from an IRS FAQ on RMDs for retirement plans and IRAs, "Owners of traditional IRA, and SEP and SIMPLE IRA accounts must begin taking RMDs once the account holder is age 73, even if they're retired" (tinyurl.com/y9wajm4z).
Second, when a tax adviser is uncertain of the answer to a question, it's always a good idea to ask the following: If we conclude that Andrea doesn't need to take an RMD in 2025, and we're wrong, what happens? This puts things in perspective. Andrea would face a tax penalty of 25% on the amount of the RMD that she should have taken. Assume the RMD is $10,000; the penalty would be $2,500.
Again, quoting from the IRS FAQ, "If an account owner fails to withdraw the full amount of the RMD by the due date, the amount not withdrawn may be subject to an excise tax of 25%, 10% if the RMD is timely corrected within two years. The account owner should file Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, with their federal tax return for the year in which the full amount of the RMD was required, but not taken."
Since this will be Andrea's first RMD, she will have the option of taking her 2025 RMD in calendar year 2025 or in early 2026 (by April 1, 2026). The dollar amount of the RMD will be the same -- based on her SEP-IRA balance of Dec. 31, 2024. This timing is up to her. If she waits until the beginning of 2026 to take her 2025 RMD, her 2026 tax-year return will include her 2025 RMD and her 2026 RMD, which will be determined based on her Dec. 31, 2025, SEP-IRA balance. Andrea will need to get guidance from her tax adviser on timing.
Hope that helps.
By the way, I do welcome reader interaction. Email me (readers@juliejason.com) if you would like to participate in online surveys for the column or be invited to a presentation. If you have a question, send it to me. While not all reader questions can be answered, they are all read and considered for future columns.
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