Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

Must the beneficiaries of a 401(k) plan pay income tax on withdrawals?

Question:

I have a 401(k) plan that's worth about $50,000. Will my beneficiaries have to pay taxes or penalties if they withdraw this money when they inherit it after my death? Can they roll it over into another tax-deferred plan?

Answer:

Assets in a 401(k) plan are taxed whenever the money comes out of the plan. If you take it out during your lifetime, you will pay income tax on the amount you withdraw each year. If there is money left when you die, your beneficiaries must pay income tax on it as it comes out of the plan.

Only a surviving spouse can roll over your retirement plan into another retirement plan of his or her own when you die. Other beneficiaries are required to start taking distributions in the year after your death. (Though if you had already begun taking required minimum distributions, they must take out the required minimum in the year of your death.) As long as your beneficiaries withdraw the minimum required amount -- a sum that is computed according to a prescribed formula -- there will be no penalties, just income tax.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All Selling Goods & Services products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

The Company Corporation Ad

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.