Thank you for all the informative posts. From my perspective, I believe Cathy63 has come closet to addressing my question. Others have answered questions I didn't ask or didn't believe they has enough information. However, even with caveats, I don't see a simple yes or no answer to the question I asked - which is - once you close out a traditional non deductible IRA (meaning the account no longer exists) do you have to file an 8606 until your traditional deductible IRAs (you did not include the value of your contributions each year as part of your income) are all closed out or inherited.
Our situation is as follows:
1 traditional deductible IRA for each of us
1 traditional non deductible IRA for each of us (one closed and deactivated several years ago)
1 Roth IRA for each of us
8606s filed for each of us for every year there were any additions or withdrawals to all of our accounts
We understand the pro rata rule, which is why we file the 8606s. We have never done a conversion to a Roth and have no plans to do so.
We plan to withdraw all funds from the remaining traditional non deductible IRA in 2022 and will file an 8606 for that account at tax time in 2023.
My questions are what I believe can be answered with simple yes or no responses.
[1] After our last traditional non deductible IRA is closed, is there a legal requirement to continue to file an 8606 for each of us with our taxes in perpetuity as the basis will never drop to 0?
[2] Since there is only a very small amount of basis left in each account, that results in about a $20 tax reduction, can I proceed with Cathy63's suggestion:
"If you're sure that your past tax returns are correct, you can ignore the basis going forward. You'll just be double-taxed on some of the money, but that's your choice to make. You do still have to file an 8606 if you do any Roth conversions, but you would just enter the basis in the tIRA as $0."
[3] Since we do not plan to do any Roth conversions, will there be any repercussions if we don't file the 8606s after the 2023 tax season?
[4] If you think I have left out any relevant information, please let me know.
Thanks.
[Numbers added for reference.]
It seems you continue to think that there are deductible and nondeductible IRAs. There are not, as multiple people have said repeatedly.
For the sake of answering your questions, I'm going to assume a couple of things. If they're wrong, maybe you'll clarify or correct:
A. You and your spouse both have traditional IRAs (at least one).
B. You and your spouse's traditional IRAs both have assets in them.
C. You and your spouse's traditional IRAs both have basis in them
D. You and your spouse have been tracking the basis on Form 8606s which you have filed with the IRS.
Assuming all of the above:
1. There may be. There is a legal requirement to file Form 8606 if you perform any of the six (6) activities listed in the "Who Must File?" section of the instructions for Form 8606 at page 1 column 3 of
https://www.irs.gov/pub/irs-pdf/i8606.pdf. The most common of these activities are (a) a nondeductible contribution to a traditional IRA, (b) a Roth conversion, or (c) a Roth distribution. So in your situation, the most likely scenario requiring you to file a Form 8606 would be if you took a distribution from either your or your spouse's Roth IRA. That would require completing Part III of Form 8606.
2. Probably. At a high level, there are really two reasons to file Form 8606: to achieve the tax benefits, and to comply with the law to avoid the penalty for not filing when required. If you don't care about the tax benefits, as @cathy63 and I have told you repeatedly, you don't have to file for that reason. The penalty for not filing when you're required to file is about $50 per form, and word on the street is that the IRS doesn't enforce the penalty. So it's up to you: If you're OK taking the risk of a $50 penalty and don't care about the tax benefits, then you can skip filing it.
3. To you? Probably not, as long as you don't do a Roth distribution or any of the other activities mentioned in answer 1. There is a small to minute risk of a small IRS penalty. And you'd be giving up some tax benefits, as we've mentioned. And if you took a Roth distribution your taxes would be technically incorrect if you didn't file it.
Also, since basis can be inherited, your IRA beneficiaries would lose the tax benefit of the remaining basis. Even if you don't care about it, they might. There is also a small psychological benefit to the beneficiaries to know what the remaining basis was and it was small and could be ignored if they chose.
4. See the assumptions I made listed above. If those aren't accurate, then my answers here might not be accurate or applicable.