Date: November 2, 2022Attorney: Martin D. Hauptman

In Notice 2022-53 , 2022-44 IRB (Oct. 31, 2022), the IRS stated that the final regulations on required minimum distributions will not apply earlier than the 2023 distribution calendar year, and that the 50 percent excise tax under Code Sec. 4974(a) that is otherwise imposed on certain missed required minimum distributions will not be imposed for years 2021 and 2022. The penalty abatement applies to distributions that would have been required under Prop Reg § 1.401(a)(9)-5(e), with respect to IRAs or defined contribution plans for the year in which the employee or designated beneficiary died, and that would be made to a designated beneficiary with respect to an employee or IRA owner who died in 2020 or 2021 on or after his or her required beginning date. It does not apply to designated beneficiaries who are taking lifetime or life expectancy payments. Taxpayers who paid a Code Sec. 4974(a) excise tax because they did not make a 2021 or 2022 required minimum distribution may request a refund of that tax. The Notice does not, however, allow a taxpayer who took a 2021 and/or 2022 required minimum distribution in compliance with the proposed regulations to undo or correct those distributions.