< Back to IRS

Liam Murphy

Missed Required Minimum Distributions (RMD) from IRA - Multiple years not taken

I recently took over managing my dad's finances after realizing his cognitive decline has been affecting his financial decisions. He's 79 and showing clear signs of dementia that have probably been developing for the past 3-4 years. After getting Power of Attorney, I discovered he hasn't taken any Required Minimum Distributions (RMDs) from his Simple IRA since he turned 72 in 2016. I've already handled his 2023 RMD, but now I'm trying to figure out what to do about the missed years (2016-2022). His only income has been Social Security at around $32k annually, and he hasn't filed taxes since 2005. My questions are: 1. Should I withdraw the previous years' missed RMDs as one lump sum now? 2. Is this something I can handle myself to bring him into compliance with the IRS, or do I need a professional? 3. What kind of penalties might he be facing for the missed RMDs and unfiled returns? Any advice would be appreciated as I'm trying to clean up this situation while managing his care.

This is unfortunately a common situation. You'll need to address both the missed RMDs and the unfiled tax returns, but there's good news - the IRS has procedures for this. For the missed RMDs, you typically need to take each year's distribution separately and file Form 5329 for each year to request a penalty waiver. The standard penalty is 50% of the amount not taken, but given your father's cognitive decline, you have excellent grounds for requesting a waiver of these penalties. Regarding the unfiled returns - if his only income was Social Security and it was below the taxable threshold, he likely wasn't required to file. However, once you add in the RMDs, he'll probably need returns filed for those years. I wouldn't recommend taking all missed RMDs as one lump sum this year, as that would create a huge tax bill for 2024. Instead, work with a tax professional who can help you file the past-due 5329 forms with a letter explaining the circumstances.

0 coins

Would the IRS really waive penalties for something that spans so many years though? That's a lot of missed RMDs. And how far back would tax returns need to be filed? All the way to 2005 or just for the RMD years?

0 coins

Yes, the IRS is generally understanding when there's a legitimate reason like cognitive decline/dementia. Documentation from his doctor about his condition will help support the waiver request. The IRS has specific procedures for this exact situation under what they call "reasonable cause" exceptions. For tax returns, you'd only need to file for years where his total taxable income exceeded the filing threshold. So likely just the years where RMDs should have been taken (2016 onward). The Social Security income alone may not have required filing, but once you add the RMD income, it probably does.

0 coins

After dealing with my mom's similar situation last year, I found https://taxr.ai incredibly helpful. I was overwhelmed with figuring out multiple years of missed RMDs and trying to calculate what should have been taken each year. The site helped me organize her account statements and tax documents, then walked me through what forms were needed. I uploaded her IRA statements and they calculated what each year's RMD should have been and helped prepare the paperwork to request penalty waivers. The whole process was much less stressful than I expected, especially since I'm not a tax expert and was dealing with 4 years of missed distributions.

0 coins

How does it actually work? Do they just tell you what to do or do they help with the actual filing? I'm in a similar boat with my aunt who missed 3 years of RMDs and I'm drowning in paperwork.

0 coins

I'm skeptical about these online services. How do you know they're giving accurate advice? Seems like something this complicated would need a CPA or tax attorney who specializes in this stuff.

0 coins

The site analyzes your documents and creates a personalized action plan. They don't file for you, but they organize everything so you know exactly what needs to be done - calculating each year's correct RMD amount, generating the proper forms, and creating a template letter explaining the situation to the IRS. For tax accuracy, they use certified tax professionals to review the more complex situations. I actually found them more helpful than my local accountant who wasn't familiar with the IRS procedures for missed RMDs. They have specific expertise in retirement account compliance issues.

0 coins

I was really skeptical about online tax services until I tried https://taxr.ai for my father's missed RMDs from 2018-2021. I was surprised by how thorough it was. They identified that he qualified for the SECURE Act change that moved the RMD age from 70½ to 72, which actually meant he had fewer missed distributions than I thought. They calculated the exact amounts for each year based on the December 31 balances, which I wouldn't have known how to do correctly. They also created documentation showing his diagnosis timeline to support the penalty waiver request. The IRS accepted our explanation and waived all penalties. Saved us thousands in potential penalties and made the whole process much less stressful.

0 coins

Just went through this exact situation with my mother. After multiple attempts to call the IRS for guidance (kept getting disconnected or waiting forever), I used https://claimyr.com and their service connected me with an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was incredibly helpful and walked me through the specific procedures for missed RMDs due to cognitive decline. They advised me on exactly what medical documentation I needed to include with the waiver request and how to structure the letter explaining the situation. Saved me hours of research and uncertainty.

0 coins

Just went through this exact situation with my mother. After multiple attempts to call the IRS for guidance (kept getting disconnected or waiting forever), I used https://claimyr.com and their service connected me with an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent

0 coins

Wait, there's a service that actually gets you through to the IRS? How much does it cost? The IRS phone system is basically a black hole.

0 coins

This sounds like a scam. How could a third party service possibly get you through to the IRS faster than calling directly? The IRS doesn't have special phone lines for people using services.

0 coins

They use a technology that navigates the IRS phone tree and waits on hold for you. When an agent picks up, it calls you and connects you directly to that agent. It saves you from the hours of waiting on hold. The IRS doesn't give them special treatment - they're essentially waiting in the queue for you. What makes it valuable is that you don't have to sit there listening to hold music for hours, and you don't lose your place in line if you need to use your phone for something else. For something complicated like missed RMDs where you really need to speak with someone, it was worth it for me.

0 coins

I was completely against using a third-party service to contact the IRS, thinking it was just another way to get scammed. But after spending literally 3 days trying to get through on my own (disconnected 4 times after waiting 1+ hours each time), I gave Claimyr a shot. Got connected to an IRS agent within 35 minutes. The agent confirmed exactly what I needed to do for my mother's missed RMDs - file separate 5329 forms for each year, attach a letter explaining her medical situation, and include a statement from her doctor. They also explained that I didn't need to take all the missed distributions immediately - I should file the forms first and wait for their response on the penalty waivers. Saved me from making a costly mistake of withdrawing everything at once.

0 coins

Former tax preparer here. For the missed RMDs, here's what you need to do: 1. Calculate the correct RMD for each missed year (based on the Dec 31 balance of the previous year and the applicable distribution period) 2. File Form 5329 for EACH year separately 3. Write "Request for Waiver" in the margin and attach a letter explaining the medical situation with documentation 4. Do NOT withdraw all past RMDs in one year - that's a common mistake 5. For any year where his income with the RMD would exceed the filing threshold, file a return The IRS is very reasonable with these situations when there's documented cognitive decline. Get a statement from his doctor dating when the symptoms became apparent.

0 coins

Thank you for the detailed steps! Would you recommend I find a tax professional for this, or is it something I could handle with the right guidance? Also, if we get the penalties waived, would he still owe interest on the late distributions?

0 coins

This is something you could potentially handle yourself if you're comfortable with forms and calculations, but given the multiple years involved and the medical complexity, a tax professional familiar with RMD issues would be worth the investment. Look for someone with experience in retirement issues rather than just a general preparer. For the second question - if the penalties are waived, there wouldn't be interest on the penalties since they're eliminated. However, he would still owe regular income tax on the distributions when they're taken, and potentially some interest on those taxes if they should have been paid in previous years. The waiver typically applies to the 50% penalty, not the underlying tax obligation.

0 coins

A lot of good advice here but something important is being missed - the SECURE Act changed the RMD age from 70½ to 72, and then SECURE 2.0 changed it again to 73 for people born 1951-1959. Your father being 79 now (born around 1945?) would have hit RMD age under the old rules. Also, depending on how small the Simple IRA is, you might want to consider a full withdrawal to simplify things going forward, especially if managing annual RMDs will be challenging with his condition.

0 coins

That's not quite right. The SECURE Act changes were effective beginning in 2020. If OP's father turned 70½ before 2020 (which seems likely given his age), he would have been required to take RMDs under the old rules starting at 70½, not 72.

0 coins

You're totally right, my mistake. Since OP's father is 79 now, he would have turned 70½ around 2015-2016, before the SECURE Act took effect. So he would have been subject to the original 70½ rule. Thanks for the correction. That actually makes the missed RMD situation even more significant since it would include more years. This further emphasizes why getting proper documentation of his cognitive decline is crucial for requesting penalty waivers.

0 coins

This is a challenging situation but you're taking the right steps to get your father back into compliance. Based on my experience helping elderly clients with similar issues, here are a few additional considerations: 1. **Documentation timing is crucial** - Get a letter from his doctor that specifically states when his cognitive decline began affecting his ability to manage financial affairs. This will be key for the penalty waiver requests. 2. **Consider the timing of distributions** - Rather than taking all missed RMDs immediately, you might want to spread them across 2024-2025 to manage the tax impact, while still filing the 5329 forms for each missed year. 3. **State tax implications** - Don't forget to check if your state has any additional requirements or penalties for missed RMDs. 4. **Future planning** - Once you get this resolved, consider setting up automatic distributions from the IRA to prevent future missed RMDs, especially given his condition. The IRS really is understanding in these situations when there's documented medical cause. Focus on getting that medical documentation first, then work through each year systematically. A tax professional experienced with elder financial issues would be a good investment here given the complexity and multiple years involved.

0 coins

This is incredibly helpful advice, especially the point about spreading the distributions across multiple years. I hadn't thought about the tax impact of taking everything at once. One question - when you mention getting medical documentation about when the cognitive decline began, does this need to be from a specialist like a neurologist, or would documentation from his primary care physician be sufficient? We haven't had him formally evaluated by a specialist yet, but his regular doctor has been noting memory and decision-making issues in his chart for the past few years. Also, regarding the automatic distributions for the future - is that something the IRA custodian can set up, or does it require special arrangements?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today