House Members Demand 2008 RMD Relief from Bush

A bill signed into law by the president only provides relief from the mandatory distribution regulations for 2009.

Refusing to give up the battle over granting the same relief from required minimum distribution (RMD) rules in 2008 that has been granted for 2009, a 61-member U.S. House coalition has called on President George W. Bush to order the U.S. Treasury Department to give investors the 2008 relief.

The letter by the group, led by Representatives Spencer Bachus (R-Alabama) and Rodney Frelinghuysen (R-New Jersey), demands that Bush order the Treasury Department to reverse its decision not to extend the RMD relief to 2008 (see “RMDs Still Required in 2008“) and to allow those already forced to take a distribution to recontribute it “in order to give their savings time to recover from the down market.”

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“While the Internal Revenue Code requires retired individuals to begin taking withdrawals the later of the year after they retire or the year after they turn 70 세, it is our understanding that Treasury regulations set the specific intervals and penalties, and therefore the distribution requirements could be adjusted for 2008 without Congressional action,” the letter stated.

“Federal tax regulations should not force seniors to take money from their retirement accounts at a time when the value of their investments has plummeted,” Bachus said in a news release. “The bill pending before the President (signed by Bush into law earlier this week (see “Bush Signs RMD, Pension Relief into Law“) is a good step going forward, but seniors have already suffered significant losses and administrative action is needed to protect their savings this year as well.’

Frelinghuysen added: “The government should not mandate financial losses on retirees by forcing them to sell their stocks when the market is low. The President should step in and help older Americans by suspending mandatory minimum withdrawal rules for 2008.’

The letter is available here.

IRS Permits More Frequent Investment Changes for 529 Plans

The Internal Revenue Service (IRS) will allow investments in a Section 529 program to be changed on a more frequent basis in 2009.

The IRS Notice 2009-01 modifies Notice 2001-55, 2001-2 CB 299, which permitted a change in the investment strategy selected for a Section 529 account once per calendar year, and upon a change in the designated beneficiary of the account. The guidance provides that a Section 529 program does not violate the investment restriction under Section 529(b)(4) if it permits a participant to change investment strategy selected for a Section 529 account twice during calendar year 2009.

“In response to concerns that have been caused by the recent condition of the financial markets, commentators have requested more flexibility in this special rule, specifically the ability to change the investment strategies more frequently. Those commentators expressed concern that the inability to do so may interfere with the preservation of the value of a section 529 account in the face of changes in the markets,” the notice said.

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Notice 2009-1 is available here and will appear in Internal Revenue Bulletin 2009-2, dated January 12, 2009.

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