Income in Respect of a Decedent

Author

Weber Group at Raymond James

Posted on

Apr 14, 2022

Taxpayers are generally required to recognize income for federal income tax purposes in the year in which it is received.
However, if someone dies before receiving income to which he or she is entitled, that income is not included on his or her final income tax return. Instead, such income, referred to as income in respect of a decedent, or IRD, is included as gross income in the decedents estate for federal estate tax purposes. And, IRD also becomes taxable income to the person or entity who ultimately receives it. The inclusion of IRD on both the estate tax return (Form 706) and the recipients income tax return creates the potential for double taxation. Fortunately, to avoid this result, the tax code provides an income tax deduction for any estate tax paid that is attributable to IRD.
What constitutes IRD?
IRD is income the decedent earned but did not receive prior to death. A few common sources of IRD include:

Uncollected salaries, wages, bonuses, commissions, vacation pay, and sick pay
Uncollected alimony or rent
Interest and dividends accrued
Distributions from certain deferred compensation and stock option plans
Taxable distributions from employer-sponsored retirement plans, or from IRAs

Who owes income tax on IRD?
IRD is taxed to the person or entity receiving it. This can be the decedents estate, the surviving spouse, or some other beneficiary. IRD is reported on the recipients income tax return in the year its received. If IRD is paid to the decedents estate, it is reported on the fiduciary return (Form 1041). If paid directly to a beneficiary, it is reported on the beneficiary's income tax return (Form 1040).
Planning for IRD
It is important to plan if IRD items will make up a large portion of your estate. Here are some strategies to consider:

Leave IRD items to charity, which is exempt from income taxes.
Leave an IRA to a young beneficiary, which has the potential to defer the payment of income taxes for as long as possible.
Leave IRD items to a credit shelter trust.

Editors Note: This article was submitted by Erin Weber, CFP, Vice President, Investments at Weber Group of Raymond James.

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