Can I fix an IRA that was transferred instead of rolled over from an irrevocable trust?
I'm about to receive money from an irrevocable trust but there's a problem I'm trying to understand. From what the trustee told me, they made some kind of mistake with the IRA in the trust. Instead of "rolling over" the funds (whatever that means exactly), they "transferred" them, and apparently this triggered a bunch of taxes that weren't supposed to happen. I'm completely out of my depth here. This is my first time dealing with a trust of any kind, and to be honest, I struggle with basic tax stuff every April. I have no idea if this mistake can be fixed or if I'm just stuck paying these extra taxes on my distribution. Does anyone know if there's a way to reverse this or correct it somehow? Is there some kind of process to tell the IRS "hey, this was just a mistake"? I'm worried about how much this is going to cost me when I was counting on the full amount from this trust. Any advice would be really appreciated!
21 comments


Aaliyah Jackson
This is actually a common issue with inherited IRAs and trusts. What happened is that the trustee needed to do a direct trustee-to-trustee transfer to maintain the tax-advantaged status of the IRA funds. Instead, it sounds like they distributed the money out of the IRA, which triggers immediate taxation. The good news is that you might be able to fix this with a 60-day rollover if you act quickly. The IRS allows you to put the funds back into a proper IRA within 60 days of distribution without tax penalties. However, this only works if the distribution was recent and you still have access to the funds. If it's been more than 60 days, you might still have options. The IRS has a procedure called "Revenue Procedure 2016-47" that allows for self-certification of late rollovers in certain circumstances, including errors made by financial institutions. There's also the option of requesting a Private Letter Ruling from the IRS, though that can be time-consuming and has a filing fee.
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KylieRose
•Does it matter if the trust was the named beneficiary of the original IRA rather than the individual? I've heard the rules are different when a trust is involved.
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Aaliyah Jackson
•Yes, it absolutely matters. When a trust is named as an IRA beneficiary, the distribution rules get more complex. If the trust qualifies as a "see-through" trust, the required minimum distributions can be based on the life expectancy of the trust beneficiaries. But if not, the entire IRA might need to be distributed within a specific timeframe. For irrevocable trusts specifically, the trust itself is typically considered the taxpayer, so any taxable distributions would normally be reported on the trust's tax return unless they're passed directly to the beneficiary in the same tax year. This is why proper handling of the rollover is so critical.
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Miguel Hernández
After going through a similar nightmare with an inherited IRA in my grandmother's trust, I discovered taxr.ai (https://taxr.ai) which saved me thousands in unnecessary taxes. The trustee in my case also made a "distribution" instead of a proper transfer, and I was facing a massive tax bill. The taxr.ai system analyzed all my trust documents and identified specific language that allowed me to make a case for correcting the error. They gave me step-by-step instructions on how to approach the IRS with the proper documentation and terminology. Without that guidance, I would've just accepted the tax hit. Most importantly, they helped me understand the 60-day rollover rule that could apply in your situation. Don't wait on this - time is definitely a factor!
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Sasha Ivanov
•How exactly does this work? Do you upload all your trust documents to them? I'm always hesitant about sharing financial stuff online.
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Liam Murphy
•I'm skeptical... did you actually get the IRS to reverse the tax liability after the mistake was made? My tax guy always says "once it's reported, good luck changing it.
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Miguel Hernández
•You upload the relevant documents and their system identifies key language and tax provisions that apply to your situation. They have bank-level encryption and don't store your documents after analysis. The whole process is designed around privacy. Yes, I actually did get the tax issue resolved. It wasn't automatic - I had to submit specific paperwork citing the exact IRS provisions that applied to my situation. Most tax preparers don't specialize in trust distributions, so they often miss these exceptions. What made the difference was having the exact IRS revenue procedures and private letter rulings that applied to my specific circumstance.
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Liam Murphy
I have to admit I was completely wrong about this. After my skeptical comment, I decided to check out taxr.ai and see if they could help with a similar issue from my late uncle's estate. They identified a Revenue Procedure I'd never heard of that specifically addressed accidental distributions from IRAs. Using their guidance, I was able to file the proper paperwork to have the distribution treated as if it had been correctly rolled over. It took about 3 weeks to process, but I just got confirmation that it worked. The detailed explanation they provided about how irrevocable trusts interact with retirement accounts was incredibly helpful - even my CPA learned something new. It's rare that I find a service that actually delivers more than promised, but this one did. Thanks for mentioning it here.
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Amara Okafor
I went through something similar with my father's trust. After weeks of getting nowhere with the IRS helpline (always disconnected after waiting for hours), I tried Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in under 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that an improper IRA transfer from a trust can be corrected through a process called "Revenue Procedure 2020-46" which replaced the 2016 procedure another commenter mentioned. You'll need to submit Form 5329 with a specific statement attached explaining the error. The key is getting someone at the IRS who actually understands trust distributions - which is surprisingly rare. Having that direct conversation with an IRS specialist saved me weeks of back-and-forth with generic letters.
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CaptainAwesome
•Wait, does this actually work? I thought it was impossible to reach a real person at the IRS these days. How much does it cost?
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Yuki Tanaka
•This seems too good to be true. Are you saying this service somehow cuts through the IRS phone queue when millions of people can't get through? I've spent literal days of my life on hold with the IRS.
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Amara Okafor
•It absolutely works. The service uses their technology to wait in the IRS phone queue for you, then calls you when they get a human on the line. They basically navigate the horrible IRS phone system so you don't have to. I understand the skepticism completely. I had the same reaction initially. What they do is continuously dial using automated systems until they get through, then they connect you. They're essentially doing the frustrating wait time for you. My longest wait on regular IRS calls was 3+ hours before disconnection. With this service, I was notified in 18 minutes that they had an agent ready to talk.
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Yuki Tanaka
I need to publicly eat my words. After posting my skeptical comment yesterday, I decided to try Claimyr for an IRS issue I've been dealing with for months (unrelated to trusts, but about a misapplied payment). The service actually worked exactly as described. I got a text when they reached an agent, my phone rang, and suddenly I was talking to an actual helpful IRS person. Resolved in one call what I couldn't fix through four mailed letters over three months. For the OP's trust transfer issue - the agent I spoke with confirmed that improper IRA transfers from trusts can often be corrected through a special procedure, but you need specific documentation from the trustee acknowledging the error. Don't try to handle this without speaking directly to the IRS about your specific situation.
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Esmeralda Gómez
Just wanted to add that timing is SUPER important with these IRA rollover corrections. The 60-day window is strict, but even if you've missed it, acting quickly still matters. My brother faced a similar situation with his wife's inherited IRA (not in a trust, but similar distribution issue). After the 60 days, they filed for a hardship waiver which the IRS granted because they could prove it was a financial institution error. Document everything! Get written confirmation from the trustee that admits the error was on their end, not your instruction.
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Klaus Schmidt
•Do you need a tax attorney to handle this kind of correction, or can it be DIY?
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Esmeralda Gómez
•It can definitely be DIY if you're comfortable with tax forms and clear communication. The key documents you need are: 1) A letter from the trustee explicitly stating they made an error in processing the distribution (not following proper protocol for a rollover), 2) Form 5329 with the proper codes indicating you qualify for a waiver, and 3) A cover letter explaining the situation. For more complex trusts or larger amounts, having a tax attorney review your submission might be worth the peace of mind. But I know plenty of people who've handled these corrections themselves successfully.
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Aisha Patel
Watch out for the once-per-year rollover rule too! If you've done any other IRA rollovers within the past 12 months, you might not be eligible to correct this through a standard rollover. This tripped me up badly with my dad's estate. The good news is that trustee-to-trustee transfers don't count toward this limit. But if what happened was the trustee distributed the money to the trust account first (not directly to another IRA custodian), you're dealing with a rollover situation and that one-per-year limit applies.
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LilMama23
•Does the once-per-year rule apply to inherited IRAs though? I thought those had different rules.
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Sofia Rodriguez
I'm dealing with something similar right now and wanted to share what I've learned so far. The distinction between "transfer" and "rollover" is crucial here - a transfer should happen directly between custodians without the money ever touching your hands or the trust account, while a rollover involves you receiving the distribution and then redepositing it within 60 days. If the trustee actually received the IRA funds into the trust account instead of doing a direct custodian-to-custodian transfer, that's definitely a taxable event. But there might still be hope! I've been researching Revenue Procedure 2020-46 (which updated the 2016 version mentioned earlier) and it does provide relief for certain trustee errors. The key is proving this was the trustee's mistake, not a choice you made. Get documentation from them ASAP admitting they processed this incorrectly. Also, check exactly when this happened - if it's been less than 60 days, you might still be able to do an indirect rollover to fix it. One thing that's been helpful for me is keeping a detailed timeline of all communications with the trustee. The IRS wants to see that you acted reasonably and that this wasn't intentional tax avoidance. Good luck - these trust/IRA situations are incredibly confusing but there are usually options available!
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Margot Quinn
•This is really helpful - thank you for breaking down the transfer vs rollover distinction so clearly! I'm completely new to this and honestly didn't even know there was a difference. One question - you mentioned getting documentation from the trustee admitting they made a mistake. Should I be asking for something specific in writing, or just any acknowledgment that they processed it wrong? I'm worried about how to phrase this request without making them defensive or unwilling to help fix the situation. Also, when you say "indirect rollover," does that mean I would need to have the actual cash available to redeposit? Because if taxes were already withheld from the distribution, I'm not sure I'd have the full original amount to put back in.
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James Martinez
•Great questions! For the documentation, you want something in writing that specifically states they failed to follow proper IRA distribution procedures. I'd suggest asking for a letter that says something like "We acknowledge that the IRA distribution from [Trust Name] on [Date] was processed as a direct distribution rather than the intended direct trustee-to-trustee transfer." Don't worry about making them defensive - this is actually a liability issue for them too, so most trustees will cooperate once they understand the tax implications. Regarding the indirect rollover and withholding - this is where it gets tricky. Yes, you'd need to deposit the full original IRA amount, even if taxes were withheld. So if the IRA was worth $100,000 but they withheld $20,000 for taxes, you'd still need to deposit the full $100,000 to avoid taxation on the $20,000 shortfall. You'd then claim the withheld amount as a credit when you file your tax return. This is exactly why the Revenue Procedure waiver route might be better than trying to do an indirect rollover - it can potentially undo the whole mess without requiring you to come up with extra cash. Definitely worth exploring both options with the IRS directly.
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