Final and Proposed RMD Regulations Provide Much Needed Guidance for SECURE 2.0 and SECURE 1.0 Provisions
Introduction On July 18, 2024, the Internal Revenue Service (the “IRS”) simultaneously issued final regulations (“Final RMD Regulations”) and proposed regulations (the “Proposed RMD Regulations”) under Section 401(a)(9) of the Internal Revenue Code (the “Code”) addressing the required minimum distribution (“RMD” or “RMDs”) rules. The Final RMD Regulations largely reflect changes made to the RMD rules under proposed regulations issued on February 24, 2022 (the “2022 Proposed RMD Regulations”) following the enactment of the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE 1.0”). The Final RMD Regulations also provide guidance on several RMD provisions from the SECURE 2.0 Act of 2022 (“SECURE 2.0”), while other provisions were reserved for industry comment by including them in the Proposed RMD Regulations. The Final RMD Regulations are effective for distribution calendar years beginning on or after January 1, 2025. For distribution calendar years before January 1, 2025, a good faith,