Why Is My Inherited IRA Subject To Both Pennsylvania Inheritance Tax And Federal Income Tax?

Pennsylvania levies inheritance tax on the following classes of beneficiaries:

1. Class A – This class includes grandparents, parents, children including natural children, adopted children and step-children, and an un-remarried spouse of a child. This is the only class that receives a $3,500 family exemption from the Pennsylvania inheritance tax which is 4.5% for Class A Beneficiaries.

2. Class A1 – This class includes brothers, half-brothers, sisters, half-sisters, and persons having at least one parent in common with the decedent, either by blood or by adoption. Pennsylvania inheritance tax is 12% for Class A1 Beneficiaries.

3. Class B – This class includes all other beneficiaries. Pennsylvania inheritance tax is 15% for Class B Beneficiaries.

Generally inheritances are not subject to income tax under Section 102 of the Internal Revenue Code. One exception to that rule is traditional Individual Retirement Accounts (IRA’s) because IRA’s contain tax deferred assets that have never been subject to income tax. Therefore, in addition to paying Pennsylvania inheritance tax a beneficiary also has to pay income tax when they inherit a traditional IRA in the year they withdraw money from the IRA. The good news is that the Traditional IRA is not subject to Pennsylvania income tax.

If you inherit an IRA you should consider all the options the Plan Administrator offers you.

One option would be taking a lump-sum distribution. Another option would be taking distributions over five years to lessen the tax bite. A third option may be rolling the inherited IRA over into your existing traditional IRA if the Plan Administrator allows it.

Keep in mind that no matter which option you select you will not have to pay the 10% premature distribution penalty since inherited IRA’s are always exempt from the penalty regardless of the age you decide to take the distribution.

If you have any questions about inherited IRA’s feel free to call Gregory J. Spadea of Spadea & Associates, LLC at 610-521-0604.

How Do I Withdraw an IRS Tax Lien?

tax lien
When you owe federal income tax and fail to pay it after receiving notices from the IRS, the IRS will file a lien against you which attaches to any real property you own. You can request that the IRS withdraw the tax lien by filing form 12277 which is more beneficial than a release of a tax lien because a withdrawal expunges the lien immediately from the debtor’s records so it’s as if the lien was never filed. You can request a lien withdrawal either after the lien has been released or after entering into a direct debit installment agreement.

Requesting a lien withdrawal after the lien has been released

If you have paid the tax and have the Certificate of Release of Federal Tax Lien you can apply to have the lien withdrawn. Please refer to IRS Publication 1450 for instructions on how to get a Certificate of Release of Federal Tax Lien.

You will qualify as long as:

1) you are in compliance for the last three years and have filed all your individual and business tax returns; and
2) you are current on your estimated tax payments and federal tax deposits, if applicable.

Lien withdrawal after entering into a Direct Debit Installment Agreement

In order to qualify you must:

1) enter into a direct debit installment agreement, but if you are currently on a regular installment agreement, you may convert to a Direct Debit Installment Agreement; and
2) owe less than $25,000, however if you owe more than $25,000 you may pay down the balance to $25,000 before requesting that the IRS withdraw the lien; and
3) you are in compliance for the last three years and have filed all your individual and business tax returns; and
4) you are current on your estimated tax payments and federal tax deposits which means you cannot have defaulted on your current, or any previous, direct debit installment agreement.
5) your Direct Debit Installment Agreement must full pay the amount you owe within 60 months or before the Collection Statute expires, whichever is earlier.

Contact the Tax Lawyers in Ridley Park, PA at the Law Offices of Spadea & Associates, LLC

If you have any questions please contact the Law Offices of Spadea & Associates, LLC in Ridley Park, Pennsylvania at 610-521-0604.

© 2024 The Law Offices of Spadea & Associates. All Rights Reserved. Sitemap | Disclaimer | Privacy Policy by VPS Marketing Agency, LLC