The Money Overview

SECURE Act 2.0 forces most non-spouse heirs to drain inherited IRAs within 10 years — but spouses, minor children, and disabled beneficiaries can still stretch withdrawals

A 52-year-old marketing director in Dallas inherits her late father’s $600,000 traditional IRA. Under rules that would have applied a decade ago, she could have drawn down that account in small annual installments over roughly 30 years, keeping each year’s tax bill modest. Under the regulations the IRS locked in during July 2024, she must empty the entire account within 10 years of her father’s death. That compressed timeline could push $60,000 or more of additional taxable income onto her return every year, right in the middle of her peak earning decade. As of June 2026, the first wave of beneficiaries subject to the full force of these final rules is approaching critical distribution deadlines, and the penalty-free grace period the IRS extended during years of regulatory limbo is over.

What the final regulations lock in

The Treasury Department and IRS published final required minimum distribution (RMD) regulations on July 19, 2024, through IR-2024-190. The announcement confirmed what many tax professionals had expected but millions of heirs had not fully absorbed: the final rules “generally retain the proposed rules” the agency outlined years earlier, ending a prolonged stretch of uncertainty that began when the SECURE Act passed in late 2019.

Between 2022 and 2024, the IRS issued three separate notices (2022-53, 2023-54, and 2024-35) waiving excise-tax penalties for beneficiaries who missed annual distributions while the regulations were still in draft form. That leniency bought time for heirs and their advisors. It no longer applies. Starting with distributions required for 2025, the standard penalty rules are back in effect.

The 10-year rule works like this: a non-spouse heir who does not qualify for an exception must withdraw every dollar from the inherited IRA by December 31 of the year containing the 10th anniversary of the account owner’s death. Whether the heir must also take annual distributions during that window depends on a single question: had the original owner already started taking RMDs before dying?

  • Owner died after RMDs began: The heir must take annual distributions each year of the 10-year window, calculated using IRS life-expectancy tables, and still empty the account by the end of year 10.
  • Owner died before RMDs began: The heir has flexibility to time withdrawals however they choose within the decade, but the same hard deadline to drain the account applies.

The rule covers inherited traditional IRAs, inherited Roth IRAs, and certain employer-plan balances rolled into beneficiary IRAs. For traditional accounts, every withdrawal is taxable as ordinary income. For inherited Roth IRAs that satisfy the five-year holding requirement, distributions come out tax-free, but the 10-year emptying deadline still applies.

The tax math can be punishing. An adult child who inherits a $500,000 traditional IRA and spreads withdrawals evenly over 10 years adds roughly $50,000 of taxable income each year (before accounting for any investment gains or losses in the account). That extra income can push the heir into a higher federal bracket, and in states with their own income tax, the combined rate climbs further. It can also trigger thresholds for the 3.8% net investment income tax or higher Medicare premiums. Under the old stretch rules, that same heir might have taken $10,000 to $15,000 annually over 30-plus years, keeping the tax hit far smaller in any single year.

Who still qualifies for stretched withdrawals

Congress carved out five categories of “eligible designated beneficiaries” (EDBs) who can still take distributions over their own life expectancy rather than draining the account in a decade. Under Section 401(a)(9)(E)(ii) of the Internal Revenue Code, those categories are:

  • A surviving spouse. Spouses have the most options of any beneficiary class. They can roll the inherited IRA into their own account, resetting the distribution clock entirely and following their own RMD schedule. Alternatively, under a provision added by SECURE 2.0 (Section 327), a surviving spouse can elect to be treated as the deceased employee for RMD purposes. That election can be advantageous when the surviving spouse is younger and wants to delay distributions, or when the deceased spouse was younger and the surviving spouse wants to use the deceased’s more favorable life-expectancy factor.
  • A minor child of the account owner. The stretch applies only until the child reaches age 21, not the state-law age of majority. Once the child turns 21, a fresh 10-year countdown begins, and the remaining balance must be fully distributed within that window. This exception applies only to the owner’s own children, not grandchildren or other minors.
  • A disabled individual. The beneficiary must meet the disability definition under IRC Section 72(m)(7): an inability to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that is expected to be of long, continued, and indefinite duration. A general diagnosis alone is not sufficient; documentation must satisfy IRS standards, and the final regulations clarified that the disability must exist as of the date of the owner’s death.
  • A chronically ill individual. This covers beneficiaries who are unable to perform at least two activities of daily living without substantial assistance, or who require substantial supervision due to cognitive impairment, as certified by a licensed health-care practitioner within the preceding 12 months.
  • A beneficiary not more than 10 years younger than the deceased owner. This exception most often applies to siblings, unmarried partners, or close-in-age friends. It allows a life-expectancy payout even though the beneficiary is not a spouse.

For households with a surviving spouse or dependent children who relied on the deceased owner’s retirement savings, these exceptions can mean decades of additional tax-deferred (or tax-free, for Roth accounts) growth. For adult children and more distant relatives who fall outside the five categories, the accelerated 10-year timeline is the default, with no exceptions for financial hardship or the size of the account.

Trusts, missed RMDs, and other complications

Inherited IRAs held inside trusts add a layer of complexity that trips up even experienced estate-planning attorneys. A “see-through” or “look-through” trust that meets specific IRS requirements can pass the underlying beneficiary’s status through to the trust, potentially preserving EDB treatment if that beneficiary qualifies. But a trust that fails the look-through criteria, or one with multiple beneficiaries of different ages and statuses, can trigger the most restrictive distribution timeline for the entire account. Since the SECURE Act took effect, attorneys have been revisiting trust language, and the final 2024 regulations gave them the definitive framework to work against.

One common pitfall: a trust drafted before 2020 that names multiple beneficiaries, including an adult child who does not qualify as an EDB, may subject the entire inherited IRA to the 10-year rule even if another beneficiary (such as a disabled sibling) would otherwise qualify for the stretch. Families with trusts that have not been reviewed since the final regulations were published should treat that review as urgent.

Beneficiaries who miss a required annual distribution now face a 25% excise tax on the shortfall, a penalty that SECURE 2.0 (Section 302) reduced from the previous 50% rate. If the missed distribution is corrected within two years, the penalty drops to 10%. The IRS outlines these mechanics in Publication 590-B, which remains the most accessible official guide to inherited IRA distribution rules, tax reporting, and correction procedures.

What remains unknown heading into late 2026

No IRS dataset currently shows how inherited-IRA holders are actually responding to the new regime. Aggregate Form 5498 (contribution and fair-market-value reporting) and Form 1099-R (distribution reporting) filings for tax years fully governed by the final rules will not be publicly available until at least late 2026 or 2027. That means there is a real gap between what the law requires and what heirs are doing in practice.

Revenue projections tied to the accelerated distribution timeline have not been broken out in a standalone Treasury or IRS analysis. The underlying logic is straightforward: forcing heirs to withdraw funds faster pulls taxable income forward, generating federal revenue sooner that would have been deferred for decades under the old stretch rules. But no official estimate quantifies the impact by beneficiary category, and the Joint Committee on Taxation’s broader retirement-tax-expenditure data does not isolate inherited-IRA distributions in a way that answers the question precisely.

Custodian compliance is another open question. Brokerage firms and banks that hold inherited IRA assets are responsible for coding accounts correctly and, in many cases, calculating annual RMDs for beneficiaries. How consistently they are applying the final regulations, particularly the distinction between accounts where the original owner had started RMDs and those where the owner had not, has not been the subject of any published audit or enforcement action as of mid-2026. Beneficiaries who rely solely on their custodian’s calculations without independent verification are taking a risk the IRS has not yet quantified.

Strategies that still work inside the 10-year window

For non-spouse heirs locked into the 10-year rule, the goal is not to avoid the deadline but to manage its tax consequences. Several approaches have gained traction among tax advisors and financial planners since the final regulations were published:

Spread withdrawals across all 10 years. Waiting until year 10 to take a single lump-sum distribution is almost always the worst tax outcome for a traditional IRA. Distributing roughly equal amounts each year smooths the income spike and reduces the chance of jumping into a higher federal bracket or triggering surcharges.

Time larger withdrawals to low-income years. A gap between jobs, a sabbatical, early retirement, or a year with unusually high deductions can create a window where pulling more from the inherited IRA costs less in taxes. This requires year-by-year tax projections, not guesswork.

Let inherited Roth IRAs grow. Because qualified Roth distributions are tax-free, there is less urgency to spread them out. Some advisors recommend letting the inherited Roth compound untouched for as long as possible within the 10-year window, then withdrawing the full balance near the deadline to maximize tax-free growth. The account must still be emptied by the end of year 10.

Roth conversions by the original owner before death. Account owners who are still alive and planning their estates can convert traditional IRA balances to Roth during their own lifetimes, paying the income tax now so heirs inherit a Roth account and avoid the income-tax hit on distributions. The conversion itself is taxable, but it shifts the tax burden to a time and rate the owner can control. One important clarification: heirs cannot convert an inherited IRA to a Roth after inheriting it. That option is available only to the original owner or a surviving spouse who rolls the account into their own IRA.

Charitable strategies for owners. Qualified charitable distributions (QCDs) allow IRA owners aged 70½ or older to send up to $105,000 per year (as adjusted for inflation) directly to a qualifying charity, reducing the taxable balance their heirs will eventually face. Charitable remainder trusts can also be structured to provide income to a surviving spouse while directing the remainder to charity, though the complexity and cost of these arrangements make them practical mainly for larger accounts.

None of these approaches eliminate the 10-year deadline. They manage its consequences. For families with significant inherited IRA balances, working with a tax professional who understands the final 2024 regulations is not a nice-to-have. It is the difference between a manageable tax bill and an avoidable six-figure hit spread across the worst possible years.

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Daniel Harper

Daniel is a finance writer covering personal finance topics including budgeting, credit, and beginner investing. He began his career contributing to his Substack, where he covered consumer finance trends and practical money topics for everyday readers. Since then, he has written for a range of personal finance blogs and fintech platforms, focusing on clear, straightforward content that helps readers make more informed financial decisions.​


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