Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … ons/p571/202301/a/xml/cycle08/source (Init. & Date) _______ Page 1 of 32 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Future Developments For the latest information about developments related to Publication 571 Pub. 571, such as legislation enacted after it was (Rev. January 2023) published, go to IRS.gov/Pub571. Cat. No. 46581C What’s New for 2022 Tax-Sheltered Retirement savings contributions credit. For 2022, the adjusted gross income limitations have increased from Annuity Plans $66,000 to $68,000 for married filing jointly filers; from $49,500 to $51,000 for head of household filers; and from $33,000 to $34,000 for single, married filing separately, or (403(b) Plans) qualifying widow(er) with dependent child filers. See chapter 10, Retirement Savings Contributions Credit (Sav- er's Credit), for additional information. For Employees of Public Limit on elective deferrals. For 2022, the limit on elec- Schools and Certain tive deferrals has increased from $19,500 to $20,500. Limit on annual additions. For 2022, the limit on annual Tax-Exempt additions has increased from $58,000 to $61,000. Organizations What’s New for 2023 Retirement savings contributions credit. For 2023, the adjusted gross income limitations have increased from $68,000 to $73,000 for married filing jointly filers; from $51,000 to $54,750 for head of household filers; and from $34,000 to $36,500 for single, married filing separately, or qualifying widow(er) with dependent child filers. See chapter 10, Retirement Savings Contributions Credit (Sav- er's Credit), for additional information. Limit on elective deferrals. For 2023, the limit on elec- tive deferrals has increased from $20,500 to $22,500. Limit on annual additions. For 2023, the limit on annual additions has increased from $61,000 to $66,000. Reminders Retirement income accounts. Division O, section 111 of P.L. 116-94 clarifies that employees described in sec- tion 414(e)(3)(B) (which include ministers, employees of a tax-exempt church-controlled organization (including a nonqualified church-controlled organization), and employ- ees who are included in a church plan under certain cir- cumstances after separation from the service of a church) can participate in a 403(b)(9) retirement income account, effective for years beginning before, on, or after Decem- ber 20, 2019. Distributions in the case of adoption or birth of a child. For distributions made after December 31, 2019, a qualified birth or adoption distribution may be made from a Get forms and other information faster and easier at: 403(b) plan and is not subject to the 10% additional tax on • IRS.gov (English) • IRS.gov/Korean (한국어) early distributions. A qualified birth or adoption distribution • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) is a distribution made from your 403(b) plan (or other ap- • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) plicable eligible retirement plan) that is no greater than Dec 27, 2022 |
Page 2 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $5,000 and is made during the 1-year period beginning on calling 1-800-THE-LOST (1-800-843-5678) if you recog- the date on which the child is born or legally adopted. nize a child. Minimum required distributions. For distributions re- quired to be made after 2019, the age for the required be- ginning date for mandatory distributions is changed to age Introduction 72 for 403(b) owners reaching age 70 / after December 1 2 31, 2019. This publication can help you better understand the tax rules that apply to your 403(b) (tax-sheltered annuity) Waiver of 10% additional tax on early distributions. plan. Section 2202 of P.L. 116-136 waives the 10% additional In this publication, you will find information to help you tax on qualified COVID-19 distributions up to $100,000. A do the following. qualified COVID-19 distribution is a distribution from an el- igible retirement plan: • Determine the maximum amount that can be contrib- uted to your 403(b) account in 2023. 1. Made on or after January 1, 2020, and before Decem- ber 31, 2020; and • Determine the maximum amount that could have been contributed to your 403(b) account in 2022. 2. Made to an individual who is diagnosed with the SARS-CoV-2 virus or with the coronavirus disease • Identify excess contributions. 2019 (COVID-19) by a test approved by the Centers • Understand the basic rules for claiming the retirement for Disease Control and Prevention; or savings contributions credit. 3. Made to an individual whose spouse or dependent is • Understand the basic rules for distributions and roll- diagnosed with the SARS-CoV-2 virus or with the co- overs from 403(b) accounts. ronavirus disease 2019 (COVID-19) by a test ap- This publication doesn’t provide specific information on proved by the Centers for Disease Control and Pre- the following topics. vention; or • Distributions from 403(b) accounts. This is covered in 4. Made to an individual who experiences adverse finan- Pub. 575, Pension and Annuity Income. cial consequences as a result of being quarantined, being furloughed or laid off or having work hours re- • Rollovers. This is covered in Pub. 590-A, Contribu- duced due to the virus or disease, being unable to tions to Individual Retirement Arrangements (IRAs), work due to lack of childcare due to such virus or dis- and Pub. 590-B, Distributions from Individual Retire- ease, or closing or reducing hours of a business ment Arrangements (IRAs). owned or operated by the individual due to such virus or disease. How to use this publication. This publication is organ- ized into chapters to help you find information easily. Repayment of qualified COVID-19 distributions. Chapter 1 answers questions frequently asked by Generally, you may repay any portion of a qualified 403(b) plan participants. COVID-19 distribution that is eligible for tax-free rollover Chapters 2 through explain the rules and terms you 6 treatment to an eligible retirement plan. You have 3 years need to know to figure the maximum amount that could from the day after the date you received a qualified have been contributed to your 403(b) account for 2022 COVID-19 distribution to make a repayment. The amount and the maximum amount that can be contributed to your of your repayment can't be more than the amount of the 403(b) account in 2023. original distribution. Amounts that are repaid are treated Chapter 7 provides general information on the preven- as a trustee-to-trustee transfer and are not included in in- tion and correction of excess contributions to your 403(b) come. account. Income inclusion over 3-year period. You may Chapter 8 provides general information on distribu- choose to have qualified COVID-19 distributions included tions, transfers, and rollovers. in income in equal amounts over 3 years. However, if you Chapter 9 provides blank worksheets that you will need elect, you can include the entire distribution in your in- to accurately and actively participate in your 403(b) plan. come in the year it was received. Filled-in samples of most of these worksheets can be found throughout this publication. More information. See Pubs. 575, 590-A, and 590-B for Chapter 10 explains the rules for claiming the retire- more information on new rules as a result of P.L. 116-136 ment savings contributions credit (saver's credit). that provide for tax-favored withdrawals, income inclusion, and repayments for individuals who were diagnosed with Comments and suggestions. We welcome your com- or suffered economic losses as a result of COVID-19. ments about this publication and suggestions for future Photographs of missing children. The IRS is a proud editions. partner with the National Center for Missing & Exploited You can send us comments through IRS.gov/ Children® (NCMEC). Photographs of missing children se- FormComments. Or, you can write to: Internal Revenue lected by the Center may appear in this publication on pa- Service, Tax Forms and Publications, 1111 Constitution ges that would otherwise be blank. You can help bring Ave. NW, IR-6526, Washington, DC 20224. these children home by looking at the photographs and Page 2 Publication 571 (January 2023) |
Page 3 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Although we can’t respond individually to each com- ment received, we do appreciate your feedback and will consider your comments and suggestions as we revise 1. our tax forms, instructions, and publications. Don’t send tax questions, tax returns, or payments to the above ad- dress. 403(b) Plan Basics Getting answers to your tax questions. If you have a tax question not answered by this publication or the How This chapter introduces you to 403(b) plans and accounts. To Get Tax Help section at the end of this publication, go Specifically, the chapter answers the following questions. to the IRS Interactive Tax Assistant page at IRS.gov/ • What is a 403(b) plan? Help/ITA where you can find topics by using the search feature or by viewing the categories listed. • What are the benefits of contributing to a 403(b) plan? • Who can participate in a 403(b) plan? Getting tax forms, instructions, and publications. Go to IRS.gov/Forms to download current and prior-year • Who can set up a 403(b) account? forms, instructions, and publications. • How can contributions be made to my 403(b) ac- Ordering tax forms, instructions, and publications. count? Go to IRS.gov/OrderForms to order current forms, instruc- • Do I report contributions on my tax return? tions, and publications; call 800-829-3676 to order prior-year forms and instructions. The IRS will process • How much can be contributed to my 403(b) account? your order for forms and publications as soon as possible. Don’t resubmit requests you've already sent us. You can get forms and publications faster online. What Is a 403(b) Plan? Useful Items A 403(b) plan, also known as a tax-sheltered annuity You may want to see: (TSA) plan, is a retirement plan for certain employees of public schools, employees of certain tax-exempt organi- Publication zations, and certain ministers. 517 517 Social Security and Other Information for Individual accounts in a 403(b) plan can be any of the Members of the Clergy and Religious Workers following types. 575 575 Pension and Annuity Income • An annuity contract, which is a contract provided through an insurance company. 590-A 590-A Contributions to Individual Retirement Arrangements (IRAs) • A custodial account, which is an account invested in mutual funds. 590-B 590-B Distributions from Individual Retirement Arrangements (IRAs) • A retirement income account set up for church em- ployees. Generally, retirement income accounts can Form (and Instructions) invest in either annuities or mutual funds. W-2 W-2 Wage and Tax Statement We use the term “403(b) account” to refer to any one of 1099-R 1099-R Distributions From Pensions, Annuities, these funding arrangements throughout this publication, Retirement or Profit-Sharing Plans, IRAs, unless otherwise specified. Insurance Contracts, etc. 5329 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts What Are the Benefits of 5330 5330 Return of Excise Taxes Related to Employee Contributing to a 403(b) Plan? Benefit Plans 8880 8880 Credit for Qualified Retirement Savings There are three benefits to contributing to a 403(b) plan. Contributions • The first benefit is that you don’t pay income tax on al- lowable contributions until you begin making with- drawals from the plan, usually after you retire. Allowa- ble contributions to a 403(b) plan are either excluded or deducted from your income. However, if your con- tributions are made to a Roth contribution program, this benefit doesn’t apply. Instead, you pay income tax on the contributions to the plan but distributions from the plan (if certain requirements are met) are tax free. Note. Generally, employees must pay social secur- ity and Medicare tax on their contributions to a 403(b) Chapter 1 403(b) Plan Basics Page 3 |
Page 4 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. plan, including those made under a salary reduction a. They are employed by organizations that aren’t agreement. See chapter 4, Limit on Elective Deferrals, section 501(c)(3) organizations. for more information. b. They function as ministers in their day-to-day pro- • The second benefit is that earnings and gains on fessional responsibilities with their employers. amounts in your 403(b) account aren’t taxed until you withdraw them. Earnings and gains on amounts in a Throughout this publication, the term “chaplain” will be Roth contribution program aren’t taxed if your with- used to mean ministers described in the third category in drawals are qualified distributions. Otherwise, they are the list above. taxed when you withdraw them. Example. A minister employed as a chaplain by a • The third benefit is that you may be eligible to take a state-run prison and a chaplain in the U.S. Armed Forces credit for elective deferrals contributed to your 403(b) are eligible employees because their employers aren’t account. See chapter 10, Retirement Savings Contri- section 501(c)(3) organizations and they are employed as butions Credit (Saver's Credit), for more information. ministers. Excluded. If an amount is excluded from your income, Universal availability. Generally, all eligible employ- it isn’t included in your total wages on your Form W-2. ees (with certain exceptions) of an employer must be per- This means that you don’t report the excluded amount on mitted to make elective deferrals (including Roth elective your tax return. deferrals) if any employee of the employer may make elective deferrals. If your employer offers a 403(b) plan, Deducted. If an amount is deducted from your in- you should have received information about your eligibility come, it is included with your other wages on your Form to participate. W-2. You report this amount on your tax return, but you are allowed to subtract it when figuring the amount of in- come on which you must pay tax. Who Can Set up a 403(b) Account? Who Can Participate in a You can’t set up your own 403(b) account. Only employ- 403(b) Plan? ers can set up 403(b) accounts. A self-employed minister can’t set up a 403(b) account for its own benefit. If you are Any eligible employee can participate in a 403(b) plan. a self-employed minister, only the organization (denomi- Eligible employees. The following employees are eligi- nation) with which you are associated can set up an ac- ble to participate in a 403(b) plan. count for your benefit. • Employees of tax-exempt organizations established under section 501(c)(3). These organizations are usu- ally referred to as “section 501(c)(3) organizations” or How Can Contributions Be simply “501(c)(3) organizations.” Made to My 403(b) Account? • Employees of public school systems who are involved in the day-to-day operations of a school. Generally, only your employer can make contributions to • Employees of cooperative hospital service organiza- your 403(b) account. However, some plans will allow you tions. to make after-tax contributions (defined below). • Civilian faculty and staff of the Uniformed Services The following types of contributions can be made to University of the Health Sciences. 403(b) accounts. • Employees of public school systems organized by In- 1. Elective deferrals. These are contributions made dian tribal governments who are involved in the under a salary reduction agreement. This agreement day-to-day operations of a school. allows your employer to withhold money from your • Certain ministers (explained next). paycheck to be contributed directly into a 403(b) ac- count for your benefit. Except for Roth contributions, Ministers. The following ministers are eligible employ- you don’t pay income tax on these contributions until ees for whom a 403(b) account can be established. you withdraw them from the account. If your contribu- tions are Roth contributions, you pay taxes on your 1. Ministers employed by section 501(c)(3) organiza- contributions but any qualified distributions from your tions. Roth account are tax free. 2. Self-employed ministers. A self-employed minister is 2. Nonelective contributions. These are employer treated as employed by a tax-exempt organization contributions that aren’t made under a salary reduc- that is an eligible employer. tion agreement. Nonelective contributions include 3. Ministers (chaplains) who meet both of the following matching contributions, discretionary contributions, requirements. and mandatory contributions made by your employer. Page 4 Chapter 1 403(b) Plan Basics |
Page 5 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You don’t pay income tax on these contributions until Chapters 2 through provide information on how to de-6 you withdraw them from the account. termine the amount that can be contributed to your 403(b) account. 3. After-tax contributions. These are contributions (that aren’t Roth contributions) you make with funds Worksheets are provided in chapter 9 to help you de- that you must include in income on your tax return. A termine the maximum amount that can be contributed to salary payment on which income tax has been with- your 403(b) account each year. Chapter 7, Excess Contri- held is a source of these contributions. If your plan al- butions, describes how to prevent excess contributions lows you to make after-tax contributions, they aren’t and how to get an excess contribution corrected. excluded from income and you can’t deduct them on your tax return. 4. A combination of any of the three contribution types listed above. Self-employed minister. If you are a self-employed min- 2. ister, you are considered both an employee and an em- ployer, and you can contribute to a retirement income ac- count for your own benefit. Maximum Amount Contributable (MAC) Do I Report Contributions on Throughout this publication, the limit on the amount that My Tax Return? can be contributed to your 403(b) account for any year is referred to as your maximum amount contributable Generally, you don’t report contributions to your 403(b) (MAC). This chapter: account (except Roth contributions) on your tax return. • Introduces the components of your MAC, Your employer will report contributions on your 2022 Form W-2. Elective deferrals will be shown in box 12 with code • Tells you how to figure your MAC, and E for pre-tax amounts and code BB for Roth amounts, and • Tells you when to figure your MAC. the Retirement plan box will be checked in box 13. If you are a self-employed minister or chaplain, see the discus- sions next. Components of Your MAC Self-employed ministers. If you are a self-employed minister, you must report the total contributions as a de- Generally, before you can determine your MAC, you must duction on your tax return. Deduct your contributions on first figure the components of your MAC. The components line 16 of the 2022 Schedule 1 (Form 1040). of your MAC are: • The limit on annual additions (chapter 3), and Chaplains. If you are a chaplain and your employer doesn’t exclude contributions made to your 403(b) ac- • The limit on elective deferrals (chapter 4). count from your earned income, you may be able to take a deduction for those contributions on your tax return. However, if your employer has agreed to exclude the How Do I Figure My MAC? contributions from your earned income, you won’t be al- lowed a deduction on your tax return. Generally, contributions to your 403(b) account are limited If you can take a deduction, include your contributions to the lesser of: on line 26 of the 2022 Schedule 1 (Form 1040). Enter the amount of your deduction and enter “403(b)” on the dotted • The limit on annual additions, or line next to line 26. • The limit on elective deferrals. Depending upon the type of contributions made to your 403(b) account, only one of the limits may apply to you. How Much Can Be Contributed Which limit applies. Whether you must apply one or to My 403(b) Account? both of the limits depends on the type of contributions made to your 403(b) account during the year. There are limits on the amount of contributions that can be Elective deferrals only. If the only contributions made to your 403(b) account each year. If contributions made to your 403(b) account during the year were elec- made to your 403(b) account are more than these contri- tive deferrals made under a salary reduction agreement, bution limits, penalties may apply. you will need to figure both of the limits. Your MAC is the lesser of the two limits. Chapter 2 Maximum Amount Contributable (MAC) Page 5 |
Page 6 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Nonelective contributions only. If the only contribu- • 100% of your includible compensation for your most tions made to your 403(b) account during the year were recent year of service. nonelective contributions (employer contributions not More than one 403(b) account. If you contrib- made under a salary reduction agreement), you will only uted to more than one 403(b) account, you must need to figure the limit on annual additions. Your MAC is CAUTION! combine the contributions made to all 403(b) ac- the limit on annual additions. counts maintained by your employer. If you participate in Elective deferrals and nonelective contributions. If more than one 403(b) plan maintained by different em- the contributions made to your 403(b) account were a ployers, you don’t need to combine amounts for annual combination of both elective deferrals made under a sal- addition limits. ary reduction agreement and nonelective contributions (employer contributions not made under a salary reduc- Ministers and church employees. If you are a minis- tion agreement), you will need to figure both limits. Your ter or a church employee, you may be able to increase MAC is the limit on the annual additions. your limit on annual additions or use different rules when figuring your limit on annual additions. For more informa- Catch-up contributions. If you are age 50 or older, tion, see chapter 5. you may be able to make additional catch-up contribu- tions, which are explained in chapter 6. Participation in a qualified plan. If you participated in a 403(b) plan and a qualified plan, you must combine You need to figure the limit on elective deferrals to de- contributions made to your 403(b) account with contribu- termine if you have excess elective deferrals, which are tions to a qualified plan and simplified employee pensions explained in chapter 7. of all corporations, partnerships, and sole proprietorships in which you have more than 50% control to determine the Worksheets. Worksheets are available in chapter 9 to total annual additions. help you figure your MAC. You can use Part I of Worksheet 1 in chapter 9 to figure your limit on annual additions. When Should I Figure My MAC? Includible Compensation for At the beginning of 2023, you should refigure your 2022 Your Most Recent Year of MAC based on your actual compensation for 2022. This will allow you to determine if the amount that has been Service contributed to your 403(b) account for 2022 has exceeded the allowable limits. In some cases, this will allow you to Definition. Generally, includible compensation for your avoid penalties and additional taxes. See chapter 7. most recent year of service is the amount of taxable wa- ges and benefits you received from the employer that Generally, you should figure your MAC for the current maintained a 403(b) account for your benefit during your year at the beginning of each tax year using a conserva- most recent year of service. tive estimate of your compensation. If your compensation changes during the year, you should refigure your MAC When figuring your includible compensation for your based on a revised conservative estimate. By doing this, most recent year of service, keep in mind that your most you will be able to determine if contributions to your recent year of service may not be the same as your em- 403(b) account can be increased or should be decreased ployer's most recent annual work period. This can happen for the year. if your tax year isn’t the same as your employer's annual work period. When figuring includible compensation for your most recent year of service, don’t mix compensation or service of one employer with compensation or service of another employer. 3. Most Recent Year of Service Limit on Annual Additions Your most recent year of service is your last full year of The first component of MAC is the limit on annual addi- service, ending on the last day of your tax year that you tions. This is a limit on the total contributions (elective de- worked for the employer that maintained a 403(b) account ferrals, nonelective contributions, and after-tax contribu- on your behalf. tions) that can be made to your 403(b) account. The limit on annual additions is generally the lesser of: Tax year different from employer's annual work pe- riod. If your tax year isn’t the same as your employer's • $61,000 for 2022 and $66,000 for 2023, or annual work period, your most recent year of service is Page 6 Chapter 3 Limit on Annual Additions |
Page 7 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. made up of parts of at least two of your employer's annual Generally, includible compensation is the amount of in- work periods. come and benefits: Example. A professor who reports income on a calen- • Received from the employer who maintains your dar-year basis is employed on a full-time basis by a uni- 403(b) account, and versity that operates on an academic year (October • It must be included in your income. through May). To figure the includible compensation for 2022, the professor's most recent year of service is from Includible compensation includes the following January through May 2022 and from October through De- amounts. cember 2022. • Elective deferrals (employer's contributions made on your behalf under a salary reduction agreement). Figuring Your Most Recent Year of Service • Amounts contributed or deferred by your employer un- To figure your most recent year of service, begin der a section 125 cafeteria plan. by determining what is a full year of service for • Amounts contributed or deferred, at the election of the your position. A full year of service is equal to employee, under an eligible section 457 nonqualified full-time employment for your employer's annual work pe- deferred compensation plan (state or local govern- riod. ment or tax-exempt organization plan). Note. For information about treating elective deferrals After identifying a full year of service, begin counting under section 457 plans as Roth contributions, see the service you have provided for your employer starting Pub. 575. with the service provided in the current year. • Wages, salaries, and fees for personal services Part-time or employed only part of the year. If you are earned with the employer maintaining your 403(b) ac- a part-time or a full-time employee who is employed for count. only part of the year, your most recent year of service is • Income otherwise excluded under the foreign earned your service this year and your service for as many previ- income exclusion. ous years as is necessary to total 1 full year of service. To determine your most recent year of service, add the fol- • Pre-tax contributions (employer's contributions made lowing periods of service. on your behalf according to your election) to a quali- fied transportation fringe benefit plan. • Your service during the year for which you are figuring the limit on annual additions. Includible compensation does not include the follow- ing items. • Your service during your preceding tax years until the total service equals 1 year of service or you have fig- 1. Your employer's contributions to your 403(b) account. ured all of your service with the employer. 2. Compensation earned while your employer wasn’t an eligible employer. Example. You were employed on a full-time basis from July through December 2020 (1/2 year of service), 3. Your employer's contributions to a qualified plan that: July through December 2021 (1/2 year of service), and a. Are on your behalf, and October through December 2022 (1/4 year of service). Your most recent year of service for figuring your limit on b. Are excludable from income. annual additions for 2022 is the total of your service dur- ing 2022 (1/4 year of service), your service during 2021 4. The cost of incidental life insurance. See Cost of Inci- (1/2 year of service), and your service during the months dental Life Insurance, later. of October through December 2020 (1/4 year of service). If you are a church employee or a foreign mission- ary, figure includible compensation using the Not yet employed for 1 year. If, at the close of the year, CAUTION! rules explained in chapter 5. you haven’t yet worked for your employer for 1 year (in- cluding time you worked for the same employer in all ear- Contributions after retirement. Nonelective contribu- lier years), use the period of time you have worked for the tions may be made for an employee for up to 5 years after employer as your most recent year of service. retirement. These contributions would be based on includ- ible compensation for the last year of service before retire- Includible Compensation ment. After identifying your most recent year of service, the next step is to identify the includible compensation associated Cost of Incidental Life Insurance with that full year of service. Includible compensation doesn’t include the cost of inci- Includible compensation isn’t the same as income in- dental life insurance. cluded on your tax return. Compensation is a combination of income and benefits received in exchange for services provided to your employer. Chapter 3 Limit on Annual Additions Page 7 |
Page 8 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If all of your 403(b) accounts invest only in mutual Figure 3-1. Table of 1-Year Term Premiums ! funds, then you have no incidental life insurance. for $1,000 Life Insurance Protection CAUTION Age Cost Age Cost Age Cost If you have an annuity contract, a portion of the cost of 0. . . . $0.70 35 . . . $0.99 70. . . $20.62 that contract may be for incidental life insurance. If so, the 1. . . . 0.41 36 . . . 1.01 71. . . 22.72 cost of the insurance is taxable to you in the year contrib- 2. . . . 0.27 37 . . . 1.04 72. . . 25.07 uted and is considered part of your basis when distrib- 3. . . . 0.19 38 . . . 1.06 73. . . 27.57 uted. Your employer will include the cost of your insurance 4. . . . 0.13 39 . . . 1.07 74. . . 30.18 as taxable wages in box 1 of Form W-2. 5. . . . 0.13 40 . . . 1.10 75. . . 33.05 6. . . . 0.14 41 . . . 1.13 76. . . 36.33 7. . . . 0.15 42 . . . 1.20 77. . . 40.17 Not all annuity contracts include life insurance. Contact 8. . . . 0.16 43 . . . 1.29 78. . . 44.33 your plan administrator to determine if your contract in- 9. . . . 0.16 44 . . . 1.40 79. . . 49.23 cludes incidental life insurance. If it does, you will need to 10. . . 0.16 45 . . . 1.53 80. . . 54.56 figure the cost of life insurance each year the policy is in 11. . . 0.19 46 . . . 1.67 81. . . 60.51 effect. 12. . . 0.24 47 . . . 1.83 82. . . 66.74 13. . . 0.28 48 . . . 1.98 83. . . 73.07 Figuring the cost of incidental life insurance. 14. . . 0.33 49 . . . 2.13 84. . . 80.35 If you have determined that part of the cost of 15. . . 0.38 50 . . . 2.30 85. . . 88.76 your annuity contract is for an incidental life insur- 16. . . 0.52 51 . . . 2.52 86. . . 99.16 ance premium, you will need to determine the amount of 17. . . 0.57 52 . . . 2.81 87. . . 110.40 the premium and subtract it from your includible compen- 18. . . 0.59 53 . . . 3.20 88. . . 121.85 19. . . 0.61 54 . . . 3.65 89. . . 133.40 sation. 20. . . 0.62 55 . . . 4.15 90. . . 144.30 21. . . 0.62 56 . . . 4.68 91. . . 155.80 To determine the amount of the life insurance premi- 22. . . 0.64 57 . . . 5.20 92. . . 168.75 ums, you will need to know the following information. 23. . . 0.66 58 . . . 5.66 93. . . 186.44 24. . . 0.68 59 . . . 6.06 94. . . 206.70 • The value of your life insurance contract, which is the 25. . . 0.71 60 . . . 6.51 95. . . 228.35 amount payable upon your death. 26. . . 0.73 61 . . . 7.11 96. . . 250.01 27. . . 0.76 62 . . . 7.96 97. . . 265.09 • The cash value of your life insurance contract at the 28. . . 0.80 63 . . . 9.08 98. . . 270.11 end of the tax year. 29. . . 0.83 64 . . . 10.41 99. . . 281.05 • Your age on your birthday nearest the beginning of the 30. . . 0.87 65 . . . 11.90 31. . . 0.90 66 . . . 13.51 policy year. 32. . . 0.93 67 . . . 15.20 • Your current life insurance protection under an ordi- 33. . . 0.96 68 . . . 16.92 nary retirement income life insurance policy, which is 34. . . 0.98 69 . . . 18.70 the amount payable upon your death minus the cash value of the contract at the end of the year. If the current published premium rates per $1,000 of insurance protection charged by an insurer for You can use Worksheet A in chapter 9 to determine the CAUTION! individual 1-year term life insurance premiums cost of your incidental life insurance. available to all standard risks are lower than those in the preceding table, you can use the lower rates for figuring Example. Your new contract provides that your bene- the cost of insurance in connection with individual policies ficiary will receive $10,000 if you should die before retire- issued by the same insurer. ment. Your cash value in the contract at the end of the first year is zero. Your current life insurance protection for the Example 1. An employee, age 44, and the employer first year is $10,000 ($10,000 − $0). enter into a 403(b) plan that will provide the employee with The cash value in the contract at the end of year 2 is a $500 a month annuity upon retirement at age 65. The $1,000, and the current life insurance protection for the agreement also provides that if the employee should die second year is $9,000 ($10,000 – $1,000). before retirement, the beneficiary will receive the greater The 1-year cost of the protection can be calculated by of $20,000 or the cash surrender value in the life insur- using Figure 3-1. The premium rate is determined based ance contract. Using the facts presented, we can deter- on your age on your birthday nearest the beginning of the mine the cost of the employee’s life insurance protection policy year. as shown in Table 3-1. The employer has included $28 for the cost of the life insurance protection in the employee’s current year in- come. When figuring includible compensation for this year, the employee will subtract $28. Page 8 Chapter 3 Limit on Annual Additions |
Page 9 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 3-1. Worksheet A. Cost of Incidental Example. Max has been periodically working full-time Life Insurance for a local hospital since September 2020. Max needs to figure the limit on annual additions for 2023. The hospital's Note. Use this worksheet to figure the cost of incidental normal annual work period for employees in Max's gen- life insurance included in your annuity contract. This eral type of work runs from January to December. amount will be used to figure includible compensation for During the periods that Max was employed with the your most recent year of service. hospital, the hospital has always been eligible to provide a 403(b) plan to employees. Additionally, the hospital has 1. Enter the value of the contract (amount payable upon your death). . . . . . . . . . . 1. $20,000.00 never provided the employees with a 457 deferred com- pensation plan, a transportation fringe benefit plan, or a 2. Enter the cash value in the contract at the end of the year. . . . . . . . . . . . . . . . . . 2. 0.00 cafeteria plan. Max has never worked abroad and there is no life insur- 3. Subtract line 2 from line 1. This is the value ance provided under the plan. of your current life insurance protection. . . 3. $20,000.00 Table 3-3 shows the service Max provided to the em- 4. Enter your age on your birthday nearest the ployer, compensation for the periods worked, elective de- beginning of the policy year . . . . . . . . . . 4. 44 ferrals, and taxable wages. 5. Enter the 1-year term premium for $1,000 of life insurance based on your age. (From Figure 3-1). . . . . . . . . . . . . . . . . . . . . 5. $1.40 Table 3-3. Max’s Compensation 6. Divide line 3 by $1,000. . . . . . . . . . . . . 6. 20 7. Multiply line 6 by line 5. This is the cost of Note. This table shows information Max will use to figure your incidental life insurance. . . . . . . . . 7. $28.00 includible compensation for the most recent year of service. Example 2. The employee’s cash value in the con- tract at the end of the second year is $1,000. In year 2, the Years of Taxable Elective cost of the employee’s life insurance is figured as shown Year Service Wages Deferrals in Table 3-2. 6/12 of In year 2, the employer will include $29.07 in the em- 2023 $42,000 $2,000 ployee’s current year income. The employee will subtract a year this amount when figuring the includible compensation. 4/12 of 2022 $16,000 $1,650 a year 4/12 of Table 3-2. Worksheet A. Cost of Incidental 2021 $16,000 $1,650 a year Life Insurance Before figuring the limit on annual additions, Max must Note. Use this worksheet to figure the cost of incidental figure includible compensation for the most recent year of life insurance included in your annuity contract. This service. amount will be used to figure includible compensation for Because Max isn’t planning to work the entire 2023 your most recent year of service. year, Max’s most recent year of service will include the 1. Enter the value of the contract (amount time planning to work in 2023 plus time worked in the pre- payable upon your death). . . . . . . . . . . 1. $20,000.00 ceding 3 years until the time worked for the hospital totals 2. Enter the cash value in the contract at the 1 year. If the total time worked is less than 1 year, Max will end of the year. . . . . . . . . . . . . . . . . . 2. $1,000.00 treat it as if it were 1 year. Max figures the most recent 3. Subtract line 2 from line 1. This is the value year of service shown in the following list. of your current life insurance protection. . 3. $19,000.00 6 12 • Time Max will work in 2023 is / of a year. 4. Enter your age on your birthday nearest 4 12 the beginning of the policy year . . . . . . . 4. 45 • Time worked in 2022 is / of a year. All of this time 5. Enter the 1-year term premium for $1,000 will be used to determine Max's most recent year of of life insurance based on your age. (From service. Figure 3-1). . . . . . . . . . . . . . . . . . . . 5. $1.53 4 12 • Time worked in 2021 is / of a year. Max only needs 6. Divide line 3 by $1,000. . . . . . . . . . . . . 6. 19 2 months of the 4 months worked in 2021 to have 7. Multiply line 6 by line 5. This is the cost of enough time to total 1 full year. Because Max needs your incidental life insurance. . . . . . . . . 7. $29.07 only / of the actual time worked, Max will use only /1 2 1 2 of income earned during that period to figure wages that will be used in figuring the includible compensa- Figuring Includible Compensation for Your tion. Most Recent Year of Service Using the information provided in Table 3-3, wages for You can use Worksheet B in chapter 9 to deter- Max's most recent year of service are $66,000 ($42,000 + mine your includible compensation for your most $16,000 + $8,000). Max’s includible compensation for his recent year of service. Chapter 3 Limit on Annual Additions Page 9 |
Page 10 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1 Table 3-4. Worksheet B. Includible Compensation for Your Most Recent Year of Service Note. Use this worksheet to figure includible compensation for your most recent year of service. 1. Enter your includible wages from the employer maintaining your 403(b) account for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. $66,000 2. Enter elective deferrals excluded from your gross income for your most recent year of service2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 4,4753 3. Enter amounts contributed or deferred by your employer under a cafeteria plan for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. -0- 4. Enter amounts contributed or deferred by your employer according to your election to your 457 account (a nonqualified plan of a state or local government or of a tax-exempt organization) for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. -0- 5. Enter pre-tax contributions (employer's contributions made on your behalf according to your election) to a qualified transportation fringe benefit plan for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. -0- 6. Enter your foreign earned income exclusion for your most recent year of service . . . . . . . . . . . . . 6. -0- 7. Add lines 1, 2, 3, 4, 5, and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 70,475 8. Enter the cost of incidental life insurance that is part of your annuity contract for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. -0- 9. Enter compensation that was both: • Earned during your most recent year of service, and • Earned while your employer wasn’t qualified to maintain a 403(b) plan . . . . . . . . . . . . . . . . . . 9. -0- 10. Add lines 8 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. -0- 11. Subtract line 10 from line 7. This is your includible compensation for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 70,475 1 Use estimated amounts if figuring includible compensation before the end of the year. 2 Elective deferrals made to a designated Roth account aren’t excluded from your gross income and shouldn’t be included on this line. 3 $4,475 ($2,000 + $1,650 + $825). most recent year of service is figured as shown in Ta- $66,000, the lesser of the includible compensation, ble 3-4. $70,475 (Table 3-4), and the maximum amount of After figuring the includible compensation, Max deter- $66,000. mines the limit on annual additions for 2023 to be Page 10 Chapter 3 Limit on Annual Additions |
Page 11 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. General Limit 4. Under the general limit on elective deferrals, the most that can be contributed to your 403(b) account through a sal- Limit on Elective ary reduction agreement is $20,500 for 2022 and $22,500 for 2023. This limit applies without regard to community Deferrals property laws. The second and final component of MAC is the limit on elective deferrals. This is a limit on the amount of contribu- tions that can be made to your account through a salary 15-Year Rule reduction agreement. If you have at least 15 years of service with an educational A salary reduction agreement is an agreement between organization (such as a public or private school), hospital, you and your employer that allows for a portion of your home health service agency, health and welfare service compensation to be directly invested in a 403(b) account agency, church, or convention or association of churches on your behalf. You can enter into more than one salary (or associated organization) and it is allowed by the terms reduction agreement during a year. of the plan document, the limit on elective deferrals to your 403(b) account is increased by the least of: More than one 403(b) account. If, for any year, ! elective deferrals are contributed to more than 1. $3,000; CAUTION one 403(b) account for you (whether or not with 2. $15,000, reduced by the sum of: the same employer), you must combine all the elective de- ferrals to determine whether the total is more than the limit a. The additional pre-tax elective deferrals made in for that year. prior years because of this rule, plus b. The aggregate amount of designated Roth contri- 403(b) plan and another retirement plan. If, during the butions permitted for prior years because of this year, contributions in the form of elective deferrals are rule; or made to other retirement plans on your behalf, you must combine all of the elective deferrals to determine if they 3. $5,000 times the number of your years of service for are more than your limit on elective deferrals. The limit on the organization, minus the total elective deferrals elective deferrals applies to amounts contributed to: made by your employer on your behalf for earlier years. • 401(k) plans, to the extent excluded from income; • Roth contribution programs; If you qualify for the 15-year rule (sometimes referred to as the “special section 403(b) catch-up” or the • Section 501(c)(18) plans, to the extent excluded from “years-of-service catch-up”), your elective deferrals under income; this limit can be as high as $23,500 for 2022 and $25,500 • Savings incentive match plan for employees (SIM- for 2023. PLE) plans; To determine whether you have 15 years of service • Salary reduction simplified employee pension (SAR- with your employer, see Years of Service, next. SEP) plans; and • All 403(b) plans. Years of Service Roth contribution program. Your 403(b) plan may al- To determine if you are eligible for the increased limit on low you to designate all or a portion of your elective defer- elective deferrals, you will first need to figure your years of rals as Roth contributions. Elective deferrals designated service. How you figure your years of service depends on as Roth contributions must be maintained in a separate whether you were a full-time or a part-time employee, Roth account and aren’t excludable from your gross in- whether you worked for the full year or only part of the come. year, and whether you have worked for your employer for The maximum amount of contributions allowed under a an entire year. Roth contribution program is your limit on elective defer- You must figure years of service for each year during rals, less your elective deferrals not designated as Roth which you worked for the employer who is maintaining contributions. For more information on the Roth contribu- your 403(b) account. tion program, see Pub. 560, Retirement Plans for Small Business. If more than one employer maintains a 403(b) account for you in the same year, you must figure years of service Excess elective deferrals. If the amount contributed separately for each employer. is more than the allowable limit, you must include the ex- cess that isn’t a Roth contribution in your gross income for For purposes of the 15-year rule, years of service are the year contributed. figured through the year for which the calculation is being Chapter 4 Limit on Elective Deferrals Page 11 |
Page 12 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. made. For example, to determine the limit for 2021, you Table 4-1. Teacher's Years of Service count years of service through 2022. Note. This table shows how the teacher figures the years Definition of service, as explained in the previous example. Your years of service are the total number of years you Year Period Worked Portion of Work Years of Service Period have worked as a full-time employee for the employer maintaining your 403(b) account as of the end of the year. 2018 Sept.–Dec. 0.5 year 0.5 year Feb.–May 0.5 year 2019 1 year Figuring Your Years of Service Sept.–Dec. 0.5 year Feb.–May 0.5 year Take the following rules into account when figuring your 2020 1 year years of service. Sept.–Dec. 0.5 year Feb.–May 0.5 year Status of employer. Your years of service include only 2021 1 year Sept.–Dec. 0.5 year periods during which your employer was an eligible em- Feb.–May 0.5 year ployer. Your plan administrator can tell you whether or not 2022 1 year your employer was qualified during all your periods of Sept.–Dec. 0.5 year service. Total years of service 4.5 years Service with one employer. Generally, you can’t count Full-time or part-time. To figure your years of service, service for any employer other than the one who main- you must analyze each year individually and determine tains your 403(b) account. whether you worked full-time for the full year or something Church employee. If you are a church employee, other than full-time. When determining whether you treat all of your years of service with related church organ- worked full-time or something other than full-time, use izations as years of service with the same employer. For your employer's annual work period as the standard. more information about church employees, see chapter 5. Employer's annual work period. Your employer's annual work period is the usual amount of time an individ- Self-employed ministers. If you are a self-employed ual working full-time in a specific position is required to minister, your years of service include full and part years work. Generally, this period of time is expressed in days, in which you have been treated as employed by a tax-ex- weeks, months, or semesters, and can span 2 calendar empt organization that is an eligible employer. years. Total years of service. When figuring prior years of Note. You can’t accumulate more than 1 year of serv- service, figure each year individually and then add the in- ice in a 12-month period. dividual years of service to determine your total years of service. Example. All full-time teachers at ABC Public Schools are required to work both the September through Decem- Example. The annual work period for full-time teach- ber semester and the February through May semester. ers employed by ABC Public Schools is September Therefore, the annual work period for full-time teachers through December and February through May. A teacher employed by ABC Public Schools is September through began working with ABC Public Schools in September December and February through May. Teachers at ABC 2018. The teacher has always worked full-time for each Public Schools who work both semesters in the same cal- annual work period. At the end of 2022, the teacher had endar year are considered working a full year of service in 4.5 years of service with ABC Public Schools, as shown in that calendar year. Table 4-1. Full-Time Employee for the Full Year Count each full year during which you were employed full-time as 1 year of service. In determining whether you were employed full-time, compare the amount of work you were required to perform with the amount of work normally required of others who held the same position with the same employer and who generally received most of their pay from the position. How to compare. You can use any method that reason- ably and accurately reflects the amount of work required. For example, if you are a teacher, you can use the number of hours of classroom instruction as a measure of the amount of work required. Page 12 Chapter 4 Limit on Elective Deferrals |
Page 13 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In determining whether positions with the same em- Number of months worked 4 1 ployer are the same, consider all of the facts and circum- Number of months in annual work = 8 = 2 stances concerning the positions, including the work per- period formed, the methods by which pay is determined, and the descriptions (or titles) of the positions. Part-time for the full year. If, during a year, you were employed part-time for the employer's entire annual work Example. An assistant professor employed in the Eng- period, you figure the fraction for that year as follows. lish department of a university will be considered a full-time employee if the amount of work that an assistant • The numerator (top number) is the number of hours or professor is required to perform is the same as the days you worked. amount of work normally required of assistant professors • The denominator (bottom number) is the number of of English at that university who get most of their pay from hours or days normally required of someone holding that position. the same position who works full-time. If no one else works for your employer in the same po- sition, compare your work with the work normally required Example. Alex teaches one course at a local medical of others who held the same position with similar employ- school 3 hours per week for two semesters. Other faculty ers or similar positions with your employer. members at the same school teach 9 hours per week for two semesters. The annual work period of the medical Full year of service. A full year of service for a particular school is two semesters. An instructor teaching 9 hours a position means the usual annual work period of anyone week for two semesters is considered a full-time em- employed full-time in that general type of work at that ployee. Given these facts, Alex has worked part-time for a place of employment. full annual work period. Alex has completed / of a year of 1 3 service, figured as shown below. Example. If a doctor works for a hospital 12 months of a year except for a 1-month vacation, the doctor will be Number of hours worked per week 3 1 considered as employed for a full year if the other doctors = = at that hospital also work 11 months of the year with a Number of hours per week considered 9 3 full-time 1-month vacation. Similarly, if the usual annual work pe- riod at a university consists of the fall and spring semes- Part-time for part of the year. If, during any year, you ters, an instructor at that university who teaches these se- were employed part-time for only part of your employer's mesters will be considered as working a full year. annual work period, you figure your fraction for that year by multiplying two fractions. Other Than Full-Time for the Figure the first fraction as though you had worked Full Year full-time for part of the annual work period. The fraction is as follows. If, during any year, you were employed full-time for only part of your employer's annual work period, part-time for • The numerator (top number) is the number of weeks, the entire annual work period, or part-time for only part of months, or semesters you were a full-time employee. the work period, your year of service for that year is a frac- • The denominator (bottom number) is the number of tion of your employer's annual work period. weeks, months, or semesters considered the normal annual work period for the position. Full-time for part of the year. If, during a year, you were employed full-time for only part of your employer's annual Figure the second fraction as though you had worked work period, figure the fraction for that year as follows. part-time for the entire annual work period. The fraction is as follows. • The numerator (top number) is the number of weeks, months, or semesters you were a full-time employee. • The numerator (top number) is the number of hours or days you worked. • The denominator (bottom number) is the number of weeks, months, or semesters considered the normal • The denominator (bottom number) is the number of annual work period for the position. hours or days normally required of someone holding the same position who works full-time. Example. An instructor was employed full-time by a lo- Once you have figured these two fractions, multiply cal college for the 4 months of the 2022 spring semester them together to determine the fraction representing your (February 2022 through May 2022). The annual work pe- partial year of service for the year. riod for the college is 8 months (February through May and July through October). Given these facts, the instruc- Example. An attorney teaches a course 3 hours per tor was employed full-time for part of the annual work pe- week for one semester at a law school. The annual work riod and provided / of a year of service. The instructor’s 1 2 period for teachers at the school is two semesters. All years of service computation for 2022 is as follows. full-time instructors at the school are required to teach 12 Chapter 4 Limit on Elective Deferrals Page 13 |
Page 14 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. hours per week. Based on these facts, the attorney is em- Example ployed part-time for part of the annual work period. The at- torney’s year of service for this year is determined by mul- Max has figured the limit on annual additions. The only tiplying two fractions. The computation is as follows. other component needed before Max can determine its MAC for 2023 is the limit on elective deferrals. Attorney’s first fraction Figuring Max's limit on elective deferrals. Max has Number of semesters worked 1 been employed with the current employer for less than 15 = Number of semesters in annual work period 2 years. Max isn’t eligible for the special 15-year increase. Therefore, the limit on elective deferrals for 2023 is Attorney's second fraction $22,500, as shown in Table 4-2. Number of hours worked per week 3 1 Max's employer won’t make any nonelective contribu- Number of hours per week considered = 12 = 4 tions to the 403(b) account and Max won’t make any af- full-time ter-tax contributions. Additionally, Max's employer doesn’t offer a Roth contribution program. The attorney would multiply these fractions to obtain the fractional year of service. Figuring Max's MAC 1 1 1 Max has determined that the limit on annual additions for x = 2023 is $66,000 and the limit on elective deferrals is 2 4 8 $22,500. Because elective deferrals are the only contribu- tions made to Max's account, the maximum amount that can be contributed to a 403(b) account on Max's behalf in Figuring the Limit on Elective 2023 is $22,500, the lesser of both limits. Deferrals You can use Part II of Worksheet 1 in chapter 9 to figure the limit on elective deferrals. Page 14 Chapter 4 Limit on Elective Deferrals |
Page 15 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 4-2. Worksheet 1. Maximum Amount Contributable (MAC) Note. Use this worksheet to figure your MAC. Part I. Limit on Annual Additions 1. Enter your includible compensation for your most recent year of service . . . . . . . . . . . . . . . . . . 1. $70,475 2. Maximum: • For 2022, enter $61,000. • For 2023, enter $66,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 66,000 3. Enter the lesser of line 1 or line 2. This is your limit on annual additions . . . . . . . . . . . . . . . . . . . 3. 66,000 Caution: If you had only nonelective contributions, skip Part II and enter the amount from line 3 on line 18. Part II. Limit on Elective Deferrals 4. Maximum contribution: • For 2022, enter $20,500. • For 2023, enter $22,500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 22,500 Note. If you have at least 15 years of service with a qualifying organization, complete lines 5 through 17. If not, enter zero (-0-) on line 16 and go to line 17. 5. Amount per year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 5,000 6. Enter your years of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Multiply line 5 by line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Enter the total of all elective deferrals made for you by the qualifying organization for prior years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Subtract line 8 from line 7. If zero or less, enter zero (-0-). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. -0- 10. Maximum increase in limit for long service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 15,000 11. Enter the total of additional pre-tax elective deferrals made in prior years under the 15-year rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Enter the aggregate amount of all designated Roth contributions permitted for prior years under the 15-year rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Add lines 11 and 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Subtract line 13 from line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 15. Maximum additional contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 3,000 16. Enter the least of line 9, 14, or 15. This is your increase in the limit for long service . . . . . . . . . . . 16. -0- 17. Add lines 4 and 16. This is your limit on elective deferrals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. 22,500 Part III. Maximum Amount Contributable 18. • If you had only nonelective contributions, enter the amount from line 3. This is your MAC. • If you had only elective deferrals, enter the lesser of line 3 or line 17. This is your MAC. • If you had both elective deferrals and nonelective contributions, enter the amount from line 3. This is your MAC. (Use the amount on line 17 to determine if you have excess elective deferrals as explained in chapter 7.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18. 22,500 Chapter 4 Limit on Elective Deferrals Page 15 |
Page 16 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Changes to Includible 5. Compensation for Most Recent Ministers and Church Year of Service Employees There are two types of changes in determining includible compensation for the most recent year of service. They Self-employed ministers and church employees who par- are: ticipate in 403(b) plans generally follow the same rules as • Changes in how the includible compensation of for- other 403(b) plan participants. eign missionaries and self-employed ministers is fig- This means that if you are a self-employed minister or a ured, and church employee, your MAC is generally the lesser of: • A change to the years that are counted when figuring • Your limit on annual additions, or the most recent year of service for church employees and self-employed ministers. • Your limit on elective deferrals. For most ministers and church employees, the limit on an- Changes to Includible Compensation nual additions is figured without any changes. This means that if you are a minister or church employee, your limit on Includible compensation is figured differently for foreign annual additions is generally the lesser of: missionaries and self-employed ministers. • $61,000 for 2022 and $66,000 for 2023, or Foreign missionary. If you are a foreign missionary, • Your includible compensation for your most recent your includible compensation includes foreign earned in- year of service. come that may otherwise be excludable from your gross income under section 911. Although, in general, the same limit applies, church em- If you are a foreign missionary, and your adjusted gross ployees can choose an alternative limit and there are income is $17,000 or less, contributions to your 403(b) ac- changes in how church employees, foreign missionaries, count won’t be treated as exceeding the limit on annual and self-employed ministers figure includible compensa- additions if the contributions aren’t in excess of $3,000. tion for the most recent year of service. This chapter will You are a foreign missionary if you are either a layper- explain the alternative limit and the changes. son or a duly ordained, commissioned, or licensed minis- Who is a church employee? A church employee is any- ter of a church and you meet both of the following require- one who is an employee of a church or a convention or ments. association of churches, including an employee of a • You are an employee of a church or convention or as- tax-exempt organization controlled by or associated with a sociation of churches. church or a convention or association of churches. • You are performing services for the church outside the United States. Alternative Limit for Church Self-employed minister. If you are a self-employed min- ister, you are treated as an employee of a tax-exempt or- Employees ganization that is an eligible employer. Your includible compensation is your net earnings from your ministry mi- If you are a church employee, you can choose to use nus the contributions made to the retirement plan on your $10,000 a year as your limit on annual additions, even if behalf and the deductible portion of your self-employment your annual additions figured under the general rule are tax. less. Total contributions over your lifetime under this choice Changes to Years of Service can’t be more than $40,000. Generally, only service with the employer who maintains your 403(b) account can be counted when figuring your limit on annual additions. Church employee. If you are a church employee, treat all of your years of service as an employee of a church or a convention or association of churches as years of serv- ice with one employer. Page 16 Chapter 5 Ministers and Church Employees |
Page 17 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Self-employed minister. If you are a self-employed min- Catch-up contributions aren’t counted against ister, your years of service include full and part years dur- TIP your MAC. Therefore, the maximum amount that ing which you were self-employed. you are allowed to have contributed to your 403(b) account is your MAC plus your allowable catch-up contributions. You can use Worksheet C in chapter 9 to figure your limit on catch-up contributions. 6. Catch-up Contributions The most that can be contributed to your 403(b) account 7. is the lesser of your limit on annual additions or your limit on elective deferrals. If you will be age 50 or older by the end of the year, you Excess Contributions may also be able to make additional catch-up contribu- If your actual contributions (not including catch-up contri- tions. These additional contributions can’t be made with butions) are greater than your MAC, you have an excess after-tax employee contributions. contribution. Excess contributions can result in income You are eligible to make catch-up contributions if: tax, additional taxes, and penalties. The effect of excess contributions depends on the type of excess contribution. • You will have reached age 50 by the end of the year, This chapter discusses excess contributions to your • Your employer's plan document allows for catch-up 403(b) account. contributions, and • The maximum amount of elective deferrals that can be made to your 403(b) account have been made for the How Do I Know if I Have plan year. Excess Contributions? The maximum amount of catch-up contributions is the lesser of: At the end of the year or the beginning of the next year, • $6,500 for 2022 and $7,500 for 2023; or you should refigure your MAC based on your actual com- pensation and actual contributions made to your account. • The excess of your compensation for the year, over the elective deferrals that aren’t catch-up contribu- If the actual contributions (not including catch-up contri- tions. butions) to your account are greater than your MAC, you have excess contributions. If, at any time during the year, Figuring catch-up contributions. When figuring allowa- your employment status or your compensation changes, ble catch-up contributions, combine all catch-up contribu- you should refigure your MAC using a revised estimate of tions made by your employer on your behalf to the follow- compensation to prevent excess contributions. ing plans. • Qualified retirement plans. (To determine if your plan is a qualified plan, ask your plan administrator.) What Happens if I Have Excess • 403(b) plans. Contributions? • SARSEP plans. • SIMPLE plans. Certain excess contributions in a 403(b) account can be corrected. The effect of an excess 403(b) contribution will The total amount of the catch-up contributions on your depend on the type of excess contribution. behalf to all plans maintained by your employer can’t be more than the annual limit. The limit is $6,500 for 2022 Types of excess contributions. If, after checking your and $7,500 for 2023. actual contributions, you determine that you have an ex- If you are eligible for both the 15-year rule in- cess, the first thing is to identify the type of excess that you have. Excess contributions to a 403(b) account are ! crease in elective deferrals and the age 50 categorized as either an: CAUTION catch-up, allocate amounts first under the 15-year rule and next as an age 50 catch-up. • Excess annual addition, or • Excess elective deferral. Chapter 6 Catch-up Contributions Page 17 |
Page 18 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Excess Annual Addition recting distribution of the excess deferral no later than April 15 of the following year. The plan can distribute the An excess annual addition is a contribution (not including excess deferral (and any income allocable to the excess) catch-up contributions) that is more than your limit on an- no later than April 15 of the year following the year the ex- nual additions. To determine your limit on annual addi- cess deferral was made. tions, see chapter 3 chapter 5 ( for ministers or church em- ployees). Note. When April 15 falls on a Saturday, Sunday, or le- gal holiday, a return is considered timely filed if filed on the In the year that your contributions are more than your next succeeding day that isn’t a Saturday, Sunday, or le- limit on annual additions, the excess amount will be inclu- gal holiday. ded in your income. Tax treatment of excess deferrals not attributable to Excise Tax Roth contributions. If the excess deferral is distributed by April 15, it is included in your income in the year con- If your 403(b) account invests in mutual funds, and you tributed and the earnings on the excess deferral will be exceed your limit on annual additions, you may be subject taxed in the year distributed. to a 6% excise tax on the excess contribution. The excise Note. When April 15 falls on a Saturday, Sunday, or le- tax doesn’t apply to funds in an annuity account or to ex- gal holiday, a return is considered timely filed if filed on the cess deferrals. next succeeding day that isn’t a Saturday, Sunday, or le- You must pay the excise tax each year in which there gal holiday. are excess contributions in your account. Excess contri- Tax treatment of excess deferrals attributable to butions can be corrected by contributing less than the ap- Roth contributions. For these rules, see Regulations plicable limit in later years or by making permissible distri- section 1.402(g)-1(e). butions. See chapter 8 for a discussion on permissible distributions. You can’t deduct the excise tax. Reporting requirement. You must file Form 5330 if there has been an excess contribution to a custodial ac- 8. count and that excess hasn’t been corrected. Excess Elective Deferral Distributions and An excess elective deferral is the amount that is more Rollovers than your limit on elective deferrals. To determine your limit on elective deferrals, see chapter 4. Your employer's 403(b) plan may contain language Distributions permitting it to distribute excess deferrals. If so, it may re- quire that in order to get a distribution of excess deferrals, Permissible distributions. Generally, a distribution you either notify the plan of the amount of excess defer- can’t be made from a 403(b) account until the employee: rals or designate a distribution as an excess deferral. The 1 2 plan may require that the notification or designation be in • Reaches age 59 / ; writing and may require that you certify or otherwise es- • Has a severance from employment; tablish that the designated amount is an excess deferral. Dies; • A plan isn’t required to permit distribution of excess defer- rals. • Becomes disabled; • In the case of elective deferrals, encounters financial Correction of excess deferrals during year. If you hardship; have excess deferrals for a year, a corrective distribution may be made only if both of the following conditions are • Has a qualified reservist distribution; satisfied. • Has a qualified birth or adoption distribution; or • The plan and either you or your employer designate • Has certain distributions of lifetime income invest- the distribution as an excess deferral to the extent you ments. have excess deferrals for the year. • The correcting distribution is made after the date on In most cases, the payments you receive or that are which the excess deferral was made. made available to you under your 403(b) account are tax- able in full as ordinary income. In general, the same tax Correction of excess deferrals after the year. If you rules apply to distributions from 403(b) plans that apply to have excess deferrals for a year, you may receive a cor- distributions from other retirement plans. These rules are Page 18 Chapter 8 Distributions and Rollovers |
Page 19 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. explained in Pub. 575. Pub. 575 also discusses the addi- No Special 10-Year Tax Option tional tax on early distributions from retirement plans. A distribution from a 403(b) plan doesn’t qualify as a Note. You may choose to have qualified COVID-19 lump-sum distribution. This means you can’t use the spe- distributions (as defined earlier under Reminders) inclu- cial 10-year tax option to figure the taxable portion of a ded in income in equal amounts over 3 years. 403(b) distribution. For more information, see Pub. 575. Retired public safety officers. If you are an eligible re- tired public safety officer, distributions of up to $3,000, made directly from your 403(b) plan to pay accident, Transfer of Interest in 403(b) health, or long-term care insurance, aren’t included in your taxable income. The premiums can be for you, your Contract spouse, or your dependents. A public safety officer is a law enforcement officer, Contract exchanges. If you transfer all or part of your in- fire fighter, chaplain, or member of a rescue squad or am- terest from a 403(b) contract to another 403(b) contract bulance crew. (held in the same plan), the transfer is tax free, and is re- For additional information, see Pub. 575. ferred to as a contract exchange. This was previously known as a 90-24 transfer. A contract exchange is similar Distribution for active reservist. The 10% additional to a 90-24 transfer with one major difference. Previously, tax for early withdrawals won’t apply to a qualified reserv- you were able to accomplish the transfer without your em- ist distribution attributable to elective deferrals from a ployer’s involvement. After September 24, 2007, all such 403(b) plan. A qualified reservist distribution is a distribu- transfers are accomplished through a contract exchange tion that is made: requiring your employer’s involvement. In addition, the plan must provide for the exchange and the transferred in- • To an individual who is a reservist or national guards- terest must be subject to the same or stricter distribution man and who was ordered or called to active duty for restrictions. Finally, your accumulated benefit after the ex- a period in excess of 179 days or for an indefinite pe- change must be equal to what it was before the exchange. riod, and Transfers that don’t satisfy this rule are plan distribu- • During the period beginning on the date of the order or tions and are generally taxable as ordinary income. call to duty and ending at the close of the active duty period. Plan-to-plan transfers. You may also transfer part or all of your interest from a 403(b) plan to another 403(b) plan Note. The 10% additional tax on qualified COVID-19 if you are an employee of (or were formerly employed by) distributions (as defined earlier under Reminders) up to the employer of the plan to which you would like to trans- $100,000 is waived for 2020. fer. Both the initial plan and the receiving plan must pro- vide for transfers. Your accumulated benefit after the Minimum Required Distributions transfer must be at least equal to what it was before the transfer. The new plan’s restrictions on distributions must You must receive all, or at least a certain minimum, of be the same or stricter than those of the original plan. your interest accruing after 1986 in the 403(b) plan by April 1 of the calendar year following the later of the calen- Tax-free transfers for certain cash distributions. A dar year in which you become age 72 (if you attain age tax-free transfer may also apply to a cash distribution of 70 / after December 31, 2019), or the calendar year in 1 2 your 403(b) account from an insurance company that is which you retire. subject to a rehabilitation, conservatorship, insolvency, or similar state proceeding. To receive tax-free treatment, Check with your employer, plan administrator, or you must do all of the following. TIP provider to find out whether this rule also applies to pre-1987 accruals. If not, a minimum amount of • Withdraw all the cash to which you are entitled in full these accruals must begin to be distributed by the later of settlement of your contract rights or, if less, the maxi- the end of the calendar year in which you reach age 75 or mum permitted by the state. April 1 of the calendar year following retirement. For each • Reinvest the cash distribution in a single policy or con- year thereafter, the minimum distribution must be made by tract issued by another insurance company or in a sin- the last day of the year. If you don’t receive the required gle custodial account subject to the same or stricter minimum distribution, you are subject to a nondeductible distribution restrictions as the original contract not 50% excise tax on the difference between the required later than 60 days after you receive the cash distribu- minimum distribution and the amount actually distributed. tion. • Assign all future distribution rights to the new contract or account for investment in that contract or account if you received an amount that is less than what you are entitled to because of state restrictions. Chapter 8 Distributions and Rollovers Page 19 |
Page 20 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In addition to the preceding requirements, you must provide the new insurer with a written statement contain- ing all of the following information. Tax-Free Rollovers • The gross amount of cash distributed under the old You can generally roll over tax free all or any part of a dis- contract. tribution from a 403(b) plan to a traditional IRA or a • The amount of cash reinvested in the new contract. non-Roth eligible retirement plan, except for any nonquali- fying distributions, described later. You may also roll over • Your investment in the old contract on the date you re- any part of a distribution from a 403(b) plan by converting ceive your first cash distribution. it through a direct rollover, described below, to a Roth Also, you must attach the following items to your timely IRA. Conversion amounts are generally includible in your filed income tax return in the year you receive the first dis- taxable income in the year of the distribution from your tribution of cash. 403(b) account. See Pub. 590-A for more information about conversion into a Roth IRA. 1. A copy of the statement you gave the new insurer. 2. A statement that includes: Note. A participant is required to roll over distribution amounts received within 60 calendar days in order for the a. The words ELECTION UNDER REV. PROC. amount to be treated as nontaxable. Distribution amounts 92-44, that are rolled over within the 60 days aren’t subject to the b. The name of the company that issued the new 10% additional tax on early distributions. contract, and Note. The repayment of a qualified birth or adoption c. The new policy number. distribution (as defined earlier under Reminders) to an eli- gible retirement plan (other than a defined benefit plan) is Direct trustee-to-trustee transfer. If you make a direct treated as a direct transfer of the distribution to the plan trustee-to-trustee transfer from your governmental 403(b) within 60 days of the distribution. account to a defined benefit governmental plan, it may not be includible in gross income. Note. The 10% additional tax on qualified COVID-19 The transfer amount isn’t includible in gross income if it distributions (as defined earlier under Reminders) up to is made to: $100,000 is waived for 2020. • Purchase permissive service credits; or Rollovers to and from 403(b) plans. You can generally • Repay contributions and earnings that were previously roll over tax free all or any part of a distribution from an eli- refunded under a forfeiture of service credit under the gible retirement plan to a 403(b) plan. Beginning January plan, or under another plan maintained by a state or 1, 2008, distributions from tax-qualified retirement plans local government employer within the same state. and tax-sheltered annuities can be converted by making a direct rollover into a Roth IRA subject to the restrictions After-tax contributions. For distributions beginning that currently apply to rollovers from a traditional IRA into after December 31, 2006, after-tax contributions can be a Roth IRA. Converted amounts are generally includible in rolled over between a 403(b) plan and a defined benefit your taxable income in the year of the distribution from plan, an IRA, or a defined contribution plan. If the rollover your 403(b) account. See Pub. 590-A for more information is to or from a 403(b) plan, it must occur through a direct on conversion into a Roth IRA. trustee-to-trustee transfer. If a distribution includes both pre-tax contributions and Permissive service credit. A permissive service after-tax contributions, the portion of the distribution that is credit is credit for a period of service recognized by a de- rolled over is treated as consisting first of pre-tax amounts fined benefit governmental plan only if you voluntarily con- (contributions and earnings that would be includible in in- tribute to the plan an amount that doesn’t exceed the come if no rollover occurred). This means that if you roll amount necessary to fund the benefit attributable to the over an amount that is at least as much as the pre-tax por- period of service and the amount contributed is in addition tion of the distribution, you don’t have to include any of the to the regular employee contribution, if any, under the distribution in income. plan. For more information on rollovers and eligible retire- A permissive service credit may also include service ment plans, see Pub. 575. credit for up to 5 years where there is no performance of If you roll over money or other property from a service, or service credited to provide an increased bene- ! 403(b) plan to an eligible retirement plan, see fit for service credit which a participant is receiving under CAUTION Pub. 575 for information about possible effects on the plan. later distributions from the eligible retirement plan. Check with your plan administrator as to the type and extent of service that may be purchased by this transfer. Hardship exception to rollover rules. The IRS may waive the 60-day rollover period if the failure to waive such requirement would be against equity or good con- science, including cases of casualty, disaster, or other events beyond the reasonable control of an individual. Page 20 Chapter 8 Distributions and Rollovers |
Page 21 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Ways to get a waiver of the 60-day rollover re- the IRS will consider all of the relevant facts and circum- quirement. There are three ways to obtain a waiver of stances, including: the 60-day rollover requirement. Whether errors were made by the financial institution, • • You qualify for an automatic waiver. that is, the plan administrator, or IRA trustee, issuer, or custodian; • You self-certify that you met the requirements of a waiver. • Whether you were unable to complete the rollover within the 60-day period due to death, disability, hos- • You request and receive a private letter ruling granting pitalization, incarceration, serious illness, restrictions a waiver. imposed by a foreign country, or postal error; How do you qualify for an automatic waiver? You Whether you used the amount distributed; and • qualify for an automatic waiver if all of the following apply. • How much time has passed since the date of the dis- • The financial institution receives the funds on your be- tribution. half before the end of the 60-day rollover period. • You followed all of the procedures set by the financial Note. The IRS can waive only the 60-day rollover re- institution for depositing the funds into an IRA or other quirement and not the other requirements for a valid roll- eligible retirement plan within the 60-day rollover pe- over contribution. riod (including giving instructions to deposit the funds For more information on waivers of the 60-day rollover into a plan or IRA). requirement, go to IRS.gov/Retirement-Plans/Retirement- Plans-FAQS-Relating-to-Waivers-of-the-60-Day-Rollover- • The funds are not deposited into a plan or IRA within Requirement. the 60-day rollover period solely because of an error on the part of the financial institution. Eligible retirement plans. The following are consid- ered eligible retirement plans. • The funds are deposited into a plan or IRA within 1 year from the beginning of the 60-day rollover period. • IRAs. • It would have been a valid rollover if the financial insti- • Roth IRAs. tution had deposited the funds as instructed. • 403(a) annuity plans. If you do not qualify for an automatic waiver, you can use • 403(b) plans. the self-certification procedure to make a late rollover con- tribution or you can apply to the IRS for a waiver of the • Government eligible 457 plans. 60-day rollover requirement. • Qualified retirement plans. How do you self-certify that you qualify for a If the distribution is from a designated Roth account, then waiver? Based on Revenue Procedure 2016-47, the only eligible retirement plan is another designated 2016-37 I.R.B. 346, available at IRS.gov/irb/2016-37_IRB/ Roth account or a Roth IRA. ar09.html, you may make a written certification to a plan administrator or an IRA trustee that you missed the 60-day Nonqualifying distributions. You can’t roll over tax rollover contribution deadline because of one or more of free: the 11 reasons listed in Revenue Procedure 2016-47. A plan administrator or an IRA trustee may rely on the certifi- • Minimum required distributions (generally required to cation in accepting and reporting receipt of the rollover begin at age 72 if you attain age 70 / after December 1 2 contribution. You may make the certification by using the 31, 2019); model letter in the appendix to the revenue procedure or • Substantially equal payments over your life or life ex- by using a letter that is substantially similar. There is no pectancy; IRS fee for self certification. A copy of the certification should be kept in your files and be available if requested • Substantially equal payments over the joint lives or life on audit. expectancies of your beneficiary and you; For additional information on rollovers, see Pub. 590-A. • Substantially equal payments for a period of 10 years How do you apply for a waiver ruling and what is or more; the fee? You can request a ruling according to the proce- • Hardship distributions; or dures outlined in Revenue Procedure 2003-16, as modi- Corrective distributions of excess contributions or ex- • fied by Revenue Procedure 2016-47 and Revenue Proce- cess deferrals, and any income allocable to the ex- dure 2020-46; and Revenue Procedure 2023-4. See cess, or excess annual additions and any allocable Appendix A for the applicable user fee. gains. How does the IRS determine whether to grant a waiver in a private letter ruling? In determining Rollover of nontaxable amounts. You may be able to whether to issue a favorable letter ruling granting a waiver, roll over the nontaxable part of a distribution (such as your after-tax contributions) made to another eligible retirement plan, traditional IRA, or Roth IRA. The transfer must be made either through a direct rollover to an eligible plan Chapter 8 Distributions and Rollovers Page 21 |
Page 22 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. that separately accounts for the taxable and nontaxable all of the rollover rules apply to you as if you were the em- parts of the rollover or through a rollover to a traditional ployee. You can roll over your interest in the plan to a tra- IRA or Roth IRA. ditional IRA or another 403(b) plan. For more information If you roll over only part of a distribution that includes on the treatment of an interest received under a QDRO, both taxable and nontaxable amounts, the amount you roll see Pub. 575. over is treated as coming first from the taxable part of the distribution. Spouses of deceased employees. If you are the spouse of a deceased employee, you can roll over the Direct rollovers of 403(b) plan distributions. You qualifying distribution attributable to the employee. You have the option of having your 403(b) plan make the roll- can make the rollover to any eligible retirement plan. over directly to a traditional IRA, Roth IRA, or new plan. After you roll money and other property over from a Before you receive a distribution, your plan will give you 403(b) plan to an eligible retirement plan, and you take a information on this. It is generally to your advantage to distribution from that plan, you won’t be eligible to receive choose this option because your plan won’t withhold tax the capital gain treatment or the special averaging treat- on the distribution if you choose it. ment for the distribution. Distribution received by you. If you receive a distribu- Second rollover. If you roll over a qualifying distribu- tion that qualifies to be rolled over, you can roll over all or tion to a traditional IRA, you can, if certain conditions are any part of the distribution. Generally, you will receive only satisfied, later roll the distribution into another 403(b) plan. 80% of the distribution because 20% must be withheld. If For more information, see IRA as a holding account (con- you roll over only the 80% you receive, you must pay tax duit IRA) for rollovers to other eligible plans in chapter 1 of on the 20% you didn’t roll over. You can replace the 20% Pub. 590-A. that was withheld with other money within the 60-day pe- Nonspouse beneficiary. A nonspouse beneficiary may riod to make a 100% rollover. make a direct rollover of a distribution from a 403(b) plan Voluntary deductible contributions. For tax years of a deceased participant if the rollover is a direct transfer 1982 through 1986, employees could make deductible to an inherited IRA established to receive the distribution. contributions to a 403(b) plan under the IRA rules instead If the rollover is a direct trustee-to-trustee transfer to an of deducting contributions to a traditional IRA. IRA established to receive the distribution: If you made voluntary deductible contributions to a • The transfer will be treated as an eligible rollover dis- 403(b) plan under these traditional IRA rules, the distribu- tribution, tion of all or part of the accumulated deductible contribu- tions may be rolled over if it otherwise qualifies as a distri- • The IRA will be considered an inherited account, and bution you can roll over. Accumulated deductible • The required minimum distribution rules that apply in contributions are the deductible contributions: instances where the participant dies before the entire • Plus interest is distributed will apply to the transferred IRA. For more information on IRAs, see Pubs. 590-A and 1. Income allocable to the contributions, 590-B. 2. Gain allocable to the contributions, and Frozen deposits. The 60-day period usually allowed for • Minus completing a rollover is extended for any time that the 1. Expenses and losses allocable to the contribu- amount distributed is a frozen deposit in a financial institu- tions; and tion. The 60-day period can’t end earlier than 10 days af- ter the deposit ceases to be a frozen deposit. 2. Distributions from the contributions, income, or A frozen deposit is any deposit that on any day during gain. the 60-day period can’t be withdrawn because: Excess employer contributions. The portion of a distri- 1. The financial institution is bankrupt or insolvent, or bution from a 403(b) plan transferred to a traditional IRA 2. The state where the institution is located has placed that was previously included in income as excess em- limits on withdrawals because one or more banks in ployer contributions isn’t an eligible rollover distribution. the state are (or are about to be) bankrupt or insol- Its transfer doesn’t affect the rollover treatment of the vent. eligible portion of the transferred amounts. However, the ineligible portion is subject to the traditional IRA contribu- tion limits and may create an excess IRA contribution sub- ject to a 6% excise tax. See chapter 1 of Pub. 590-A. Gift Tax Qualified domestic relations order (QDRO). You may If, by choosing or not choosing an election, or option, you be able to roll over tax free all or any part of an eligible roll- provide an annuity for your beneficiary at or after your over distribution from a 403(b) plan that you receive under death, you may have made a taxable gift equal to the a QDRO. If you receive the interest in the 403(b) plan as value of the annuity. an employee's spouse or former spouse under a QDRO, Page 22 Chapter 8 Distributions and Rollovers |
Page 23 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Joint and survivor annuity. If the gift is an interest in a joint and survivor annuity where only you and your spouse have the right to receive payments, the gift will generally When Should I Figure MAC? be treated as qualifying for the unlimited marital deduc- tion. At the beginning of each year, you should figure your MAC using a conservative estimate of your compensa- More information. For information on the gift tax, see tion. Should your income change during the year, you Pub. 559, Survivors, Executors, and Administrators. should refigure your MAC based on a revised conserva- tive estimate. By doing this, you will be able to determine if contributions to your 403(b) account should be increased or decreased for the year. Checking the Previous Year's 9. Contributions At the beginning of the following year, you should refigure Worksheets your MAC based on your actual earned income. Chapter 2 introduced you to the term “maximum amount At the end of the current year or the beginning of the contributable” (MAC). Generally, your MAC is the lesser of next year, you should check your contributions to be sure your: you didn’t exceed your MAC. This means refiguring your limit based on your actual compensation figures for the • Limit on annual additions (chapter 3), or year. This will allow you to determine if the amount con- • Limit on elective deferrals (chapter 4). tributed is more than the allowable amounts, and possibly avoid additional taxes. The worksheets in this chapter can help you figure the cost of incidental life insurance, your includible compen- sation, your limit on annual additions, your limit on elective Available Worksheets deferrals, your limit on catch-up contributions, and your The following worksheets have been provided to help you MAC. figure your MAC. After completing the worksheets, you should maintain them with your 403(b) records for that • Worksheet A. Cost of Incidental Life Insurance. year. Do not attach them to your tax return. At the • Worksheet B. Includible Compensation for Your Most end of the year or the beginning of the next year, you Recent Year of Service. should compare your estimated compensation figures Worksheet C. Limit on Catch-up Contributions. • with your actual figures. • Worksheet 1. Maximum Amount Contributable (MAC). If your compensation is the same as, or more than, the projected amounts and the calculations are correct, then you should simply file these worksheets with your other tax records for the year. If your compensation was lower than your estimated fig- ures, you will need to check the amount contributed dur- ing the year to determine if contributions are more than your MAC. Worksheet A. Cost of Incidental Life Insurance Note. Use this worksheet to figure the cost of incidental life insurance included in your annuity contract. This amount will be used to figure includible compensation for your most recent year of service. 1. Enter the value of the contract (amount payable upon your death) . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter the cash value in the contract at the end of the year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Subtract line 2 from line 1. This is the value of your current life insurance protection . . . . . . . . . . . 3. 4. Enter your age on your birthday nearest the beginning of the policy year . . . . . . . . . . . . . . . . . . . . 4. 5. Enter the 1-year term premium for $1,000 of life insurance based on your age. (From Figure 3-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Divide line 3 by $1,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Multiply line 6 by line 5. This is the cost of your incidental life insurance . . . . . . . . . . . . . . . . . . . . . 7. Chapter 9 Worksheets Page 23 |
Page 24 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1 Worksheet B. Includible Compensation for Your Most Recent Year of Service Note. Use this worksheet to figure includible compensation for your most recent year of service. 1. Enter your includible wages from the employer maintaining your 403(b) account for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter elective deferrals excluded from your gross income for your most recent year of service2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Enter amounts contributed or deferred by your employer under a cafeteria plan for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Enter amounts contributed or deferred by your employer according to your election to your 457 account (a nonqualified plan of a state or local government or of a tax-exempt organization) for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Enter pre-tax contributions (employer's contributions made on your behalf according to your election) to a qualified transportation fringe benefit plan for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Enter your foreign earned income exclusion for your most recent year of service . . . . . . . . . . . 6. 7. Add lines 1, 2, 3, 4, 5, and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Enter the cost of incidental life insurance that is part of your annuity contract for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Enter compensation that was both: • Earned during your most recent year of service, and • Earned while your employer wasn’t qualified to maintain a 403(b) plan . . . . . . . . . . . . . . . . 9. 10. Add lines 8 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 11. Subtract line 10 from line 7. This is your includible compensation for your most recent year of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 1 Use estimated amounts if figuring includible compensation before the end of the year. 2 Elective deferrals made to a designated Roth account aren’t excluded from your gross income and shouldn’t be included on this line. Worksheet C. Limit on Catch-up Contributions Note. If you will be age 50 or older by the end of the year, use this worksheet to figure your limit on catch-up contributions. 1. Maximum catch-up contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. $7,500 2. Enter your includible compensation for your most recent year of service . . . . . . . . . . . . . . . . . . . . 2. 3. Enter your elective deferrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Subtract line 3 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Enter the lesser of line 1 or line 4. This is your limit on catch-up contributions . . . . . . . . . . . . . . . . 5. Page 24 Chapter 9 Worksheets |
Page 25 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 1. Maximum Amount Contributable (MAC) Note. Use this worksheet to figure your MAC. Part I. Limit on Annual Additions 1. Enter your includible compensation for your most recent year of service . . . . . . . . . . . . . . . . . 1. 2. Maximum:1 • For 2022, enter $61,000. • For 2023, enter $66,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Enter the lesser of line 1 or line 2. This is your limit on annual additions . . . . . . . . . . . . . . . . . . 3. Caution: If you had only nonelective contributions, skip Part II and enter the amount from line 3 on line 18. Part II. Limit on Elective Deferrals 4. Maximum contribution: • For 2022, enter $20,500. • For 2023, enter $22,500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Note. If you have at least 15 years of service with a qualifying organization, complete lines 5 through 17. If not, enter zero (-0-) on line 16 and go to line 17. 5. Amount per year of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. $ 5,000 6. Enter your years of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Multiply line 5 by line 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Enter the total of all elective deferrals made for you by the qualifying organization for prior years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Subtract line 8 from line 7. If zero or less, enter zero (-0-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. 10. Maximum increase in limit for long service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. $15,000 11. Enter the total of additional pre-tax elective deferrals made in prior years under the 15-year rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Enter the aggregate amount of all designated Roth contributions permitted for prior years under the 15-year rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Add line 11 and line 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Subtract line 13 from line 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 15. Maximum additional contributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. $ 3,000 16. Enter the least of line 9, 14, or 15. This is your increase in the limit for long service. . . . . . . . . . 16. 17. Add lines 4 and 16. This is your limit on elective deferrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. Part III. Maximum Amount Contributable 18. • If you had only nonelective contributions, enter the amount from line 3. This is your MAC. • If you had only elective deferrals, enter the lesser of line 3 or line 17. This is your MAC. • If you had both elective deferrals and nonelective contributions, enter the amount from line 3. This is your MAC. (Use the amount on line 17 to determine if you have excess elective deferrals as explained in chapter 7.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18. 1 If you participate in a 403(b) plan and a qualified plan, you must combine contributions made to your 403(b) account with contributions to a qualified plan and simplified employee pension plans of all corporations, partnerships, and sole proprietorships in which you have more than 50% control. You must also combine the contributions made to all 403(b) accounts on your behalf by your employer. Chapter 9 Worksheets Page 25 |
Page 26 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Foreign housing costs, • Income for bona fide residents of American Samoa, 10. Guam, or the Northern Mariana Islands, and • Income from Puerto Rico. Retirement Savings Eligible contributions. These include: Contributions Credit 1. Contributions to a traditional or Roth IRA; 2. Elective deferrals, including amounts designated as (Saver's Credit) after-tax Roth contributions, to: If you or your employer makes eligible contributions (de- a. A 401(k) plan (including a SIMPLE 401(k) plan), fined later) to a retirement plan, you may be able to take a b. A section 403(b) annuity, credit of up to $2,000 (up to $4,000 if filing jointly). This credit could reduce the federal income tax you pay dollar c. An eligible deferred compensation plan of a state for dollar. or local government (a governmental 457 plan), d. A SIMPLE IRA plan, or Can you claim the credit? If you or your employer makes eligible contributions to a retirement plan, you can e. A salary reduction SEP; claim the credit if all of the following apply. 3. Contributions to a section 501(c)(18) plan; and 1. You aren’t under age 18. 4. ABLE account contributions by the designated benefi- 2. You aren’t a full-time student (explained next). ciary as defined by section 529A. 3. No one else, such as your parent(s), claims an ex- They also include voluntary after-tax employee contribu- emption for you on their tax return. tions to a tax-qualified retirement plan or a section 403(b) annuity. For purposes of the credit, an employee contribu- 4. Your adjusted gross income (defined later) isn’t more tion will be voluntary as long as it isn’t required as a condi- than: tion of employment. a. $68,000 for 2022 ($73,000 for 2023) if your filing status is married filing jointly; Reducing eligible contributions. Reduce your eligible contributions (but not below zero) by the total distributions b. $51,000 for 2022 ($54,750 for 2023) if your filing you received during the testing period (defined later) from status is head of household (with qualifying per- any IRA, plan, or annuity included earlier under Eligible son); or contributions. Also, reduce your eligible contributions by c. $34,000 for 2022 ($36,500 for 2023) if your filing any distribution from a Roth IRA that isn’t rolled over, even status is single, married filing separately, or quali- if the distribution isn’t taxable. fying widow(er) with dependent child. Do not reduce your eligible contributions by any of the following. Full-time student. You are a full-time student if, dur- ing some part of each of 5 calendar months (not necessa- 1. The portion of any distribution which isn’t includible in rily consecutive) during the calendar year, you are either: income because it is a trustee-to-trustee transfer or a rollover distribution. • A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled 2. Distributions that are taxable as the result of an body of students in attendance; or in-plan rollover to your designated Roth account. • A student taking a full-time, on-farm training course 3. Any distribution that is a return of a contribution to an given by either a school that has a regular teaching IRA (including a Roth IRA) made during the year for staff, course of study, and regularly enrolled body of which you claim the credit if: students in attendance; or a state, county, or local a. The distribution is made before the due date (in- government. cluding extensions) of your tax return for that year, You are a full-time student if you are enrolled for the num- b. You don’t take a deduction for the contribution, ber of hours or courses the school considers to be and full-time. c. The distribution includes any income attributable Adjusted gross income. This is generally the amount to the contribution. on line 11 of your 2022 Form 1040 or 1040-SR. For purpo- ses of this section, adjusted gross income shall be deter- 4. Loans from a qualified employer plan treated as a dis- mined without regard to sections 911, 931, and 933. You tribution. must add to that amount any exclusion or deduction from 5. Distributions of excess contributions or deferrals (and gross income claimed for the year for: income attributable to excess contributions and • Foreign earned income, deferrals). Page 26 Chapter 10 Retirement Savings Contributions Credit (Saver's Credit) |
Page 27 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 6. Distributions of dividends paid on stock held by an The maximum contribution taken into account is $2,000 employee stock ownership plan under section 404(k). per person. On a joint return, up to $2,000 is taken into ac- count for each spouse. 7. Distributions from an eligible retirement plan that are Figure the credit on Form 8880. Report the credit on converted or rolled over to a Roth IRA. line 4 of your 2022 Schedule 3 (Form 1040) and attach 8. Distributions from a military retirement plan. Form 8880 to your return. 9. Distributions from an inherited IRA by a nonspousal beneficiary. 11. How To Get Tax Help Distributions received by spouse. Any distributions your spouse receives are treated as received by you if you If you have questions about a tax issue; need help prepar- file a joint return with your spouse both for the year of the ing your tax return; or want to download free publications, distribution and for the year for which you claim the credit. forms, or instructions, go to IRS.gov to find resources that Testing period. The testing period consists of: can help you right away. • The year in which you claim the credit, Preparing and filing your tax return. After receiving all • The 2 years before the year in which you claim the your wage and earnings statements (Forms W-2, W-2G, credit, and 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment compensation statements (by mail or in a digital format) or • The period after the end of the year in which you claim other government payment statements (Form 1099-G); the credit and before the due date of the return (in- and interest, dividend, and retirement statements from cluding extensions) for filing your return for the year in banks and investment firms (Forms 1099), you have sev- which you claimed the credit. eral options to choose from to prepare and file your tax re- turn. You can prepare the tax return yourself, see if you Example. You and your spouse filed joint returns in qualify for free tax preparation, or hire a tax professional to 2020 and 2021, and plan to do so in 2022 and 2023. You prepare your return. received a taxable distribution from a qualified plan in 2020 and a taxable distribution from an eligible section Free options for tax preparation. Go to IRS.gov to see 457(b) deferred compensation plan in 2021. Your spouse your options for preparing and filing your return online or received taxable distributions from a Roth IRA in 2022 and in your local community, if you qualify, which include the tax-free distributions from a Roth IRA in 2023 before April following. 15. You made eligible contributions to an IRA in 2022 and you otherwise qualify for this credit. You must reduce the • Free File. This program lets you prepare and file your amount of your qualifying contributions in 2022 by the total federal individual income tax return for free using of the distributions you and your spouse received in 2020, brand-name tax-preparation-and-filing software or 2021, 2022, and 2023. Free File fillable forms. However, state tax preparation may not be available through Free File. Go to IRS.gov/ Maximum eligible contributions. After your contribu- FreeFile to see if you qualify for free online federal tax tions are reduced, the maximum annual contribution on preparation, e-filing, and direct deposit or payment op- which you can base the credit is $2,000 per person. tions. Effect on other credits. The amount of this credit won’t • VITA. The Volunteer Income Tax Assistance (VITA) program offers free tax help to people with change the amount of your refundable tax credits. A re- low-to-moderate incomes, persons with disabilities, fundable tax credit, such as the earned income credit or and limited-English-speaking taxpayers who need the additional child tax credit, is an amount that you would help preparing their own tax returns. Go to IRS.gov/ receive as a refund even if you didn’t otherwise owe any VITA, download the free IRS2Go app, or call taxes. 800-906-9887 for information on free tax return prepa- Maximum credit. This is a nonrefundable credit. The ration. amount of the credit in any year can’t be more than the • TCE. The Tax Counseling for the Elderly (TCE) pro- amount of tax that you would otherwise pay (not counting gram offers free tax help for all taxpayers, particularly any refundable credits or the adoption credit) in any year. those who are 60 years of age and older. TCE volun- If your tax liability is reduced to zero because of other non- teers specialize in answering questions about pen- refundable credits, such as the education credits, then sions and retirement-related issues unique to seniors. you won’t be entitled to this credit. Go to IRS.gov/TCE, download the free IRS2Go app, or call 888-227-7669 for information on free tax return How to figure and report the credit. The amount of the preparation. credit you can get is based on the contributions you make and your credit rate. The credit rate can be as low as 10% • MilTax. Members of the U.S. Armed Forces and or as high as 50%. Your credit rate depends on your in- qualified veterans may use MilTax, a free tax service come and your filing status. See Form 8880 to determine offered by the Department of Defense through Military your credit rate. OneSource. For more information, go to MilitaryOneSource MilitaryOneSource.mil/Tax ( ). Publication 571 (January 2023) Page 27 |
Page 28 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Also, the IRS offers Free Fillable Forms, which can more information on how to choose a tax preparer, go to be completed online and then filed electronically re- Tips for Choosing a Tax Preparer on IRS.gov. gardless of income. Coronavirus. Go to IRS.gov/Coronavirus for links to in- Using online tools to help prepare your return. Go to formation on the impact of the coronavirus, as well as tax IRS.gov/Tools for the following. relief available for individuals and families, small and large businesses, and tax-exempt organizations. • The Earned Income Tax Credit Assistant IRS.gov/ ( EITCAssistant) determines if you’re eligible for the Employers can register to use Business Services On- earned income credit (EIC). line. The Social Security Administration (SSA) offers on- • The Online EIN Application IRS.gov/EIN ( ) helps you line service at SSA.gov/employer for fast, free, and secure get an employer identification number (EIN) at no online W-2 filing options to CPAs, accountants, enrolled cost. agents, and individuals who process Form W-2, Wage and Tax Statement, and Form W-2c, Corrected Wage and • The Tax Withholding Estimator IRS.gov/W4app ( ) Tax Statement. makes it easier for you to estimate the federal income tax you want your employer to withhold from your pay- IRS social media. Go to IRS.gov/SocialMedia to see the check. This is tax withholding. See how your withhold- various social media tools the IRS uses to share the latest ing affects your refund, take-home pay, or tax due. information on tax changes, scam alerts, initiatives, prod- • The First-Time Homebuyer Credit Account Look-up ucts, and services. At the IRS, privacy and security are (IRS.gov/HomeBuyer) tool provides information on our highest priority. We use these tools to share public in- your repayments and account balance. formation with you. Don’t post your social security number (SSN) or other confidential information on social media • The Sales Tax Deduction Calculator IRS.gov/ ( sites. Always protect your identity when using any social SalesTax) figures the amount you can claim if you networking site. itemize deductions on Schedule A (Form 1040). The following IRS YouTube channels provide short, in- Getting answers to your tax questions. On formative videos on various tax-related topics in English, IRS.gov, you can get up-to-date information on Spanish, and ASL. current events and changes in tax law. Youtube.com/irsvideos. • • IRS.gov/Help: A variety of tools to help you get an- Youtube.com/irsvideosmultilingua. • swers to some of the most common tax questions. • Youtube.com/irsvideosASL. • IRS.gov/ITA: The Interactive Tax Assistant, a tool that will ask you questions and, based on your input, pro- Watching IRS videos. The IRS Video portal vide answers on a number of tax law topics. (IRSVideos.gov) contains video and audio presentations • IRS.gov/Forms: Find forms, instructions, and publica- for individuals, small businesses, and tax professionals. tions. You will find details on the most recent tax Online tax information in other languages. You can changes and interactive links to help you find answers find information on IRS.gov/MyLanguage if English isn’t to your questions. your native language. • You may also be able to access tax law information in your electronic filing software. Free Over-the-Phone Interpreter (OPI) Service. The IRS is committed to serving our multilingual customers by offering OPI services. The OPI Service is a federally fun- Need someone to prepare your tax return? There are ded program and is available at Taxpayer Assistance various types of tax return preparers, including tax prepar- Centers (TACs), other IRS offices, and every VITA/TCE ers, enrolled agents, certified public accountants (CPAs), return site. The OPI Service is accessible in more than attorneys, and many others who don’t have professional 350 languages. credentials. If you choose to have someone prepare your tax return, choose that preparer wisely. A paid tax pre- Accessibility Helpline available for taxpayers with parer is: disabilities. Taxpayers who need information about ac- • Primarily responsible for the overall substantive accu- cessibility services can call 833-690-0598. The Accessi- racy of your return, bility Helpline can answer questions related to current and future accessibility products and services available in al- • Required to sign the return, and ternative media formats (for example, braille, large print, • Required to include their preparer tax identification audio, etc.). The Accessibility Helpline does not have ac- number (PTIN). cess to your IRS account. For help with tax law, refunds, or account-related issues, go to IRS.gov/LetUsHelp. Although the tax preparer always signs the return, you're ultimately responsible for providing all the informa- tion required for the preparer to accurately prepare your return. Anyone paid to prepare tax returns for others should have a thorough understanding of tax matters. For Page 28 Publication 571 (January 2023) |
Page 29 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. Form 9000, Alternative Media Preference, or use direct deposit to receive their refunds. If you don’t Form 9000(SP) allows you to elect to receive certain types have a bank account, go to IRS.gov/DirectDeposit for of written correspondence in the following formats. more information on where to find a bank or credit union • Standard Print. that can open an account online. • Large Print. Getting a transcript of your return. The quickest way • Braille. to get a copy of your tax transcript is to go to IRS.gov/ Transcripts. Click on either “Get Transcript Online” or “Get • Audio (MP3). Transcript by Mail” to order a free copy of your transcript. • Plain Text File (TXT). If you prefer, you can order your transcript by calling 800-908-9946. • Braille Ready File (BRF). Reporting and resolving your tax-related identity Disasters. Go to Disaster Assistance and Emergency theft issues. Relief for Individuals and Businesses to review the availa- ble disaster tax relief. • Tax-related identity theft happens when someone steals your personal information to commit tax fraud. Getting tax forms and publications. Go to IRS.gov/ Your taxes can be affected if your SSN is used to file a Forms to view, download, or print all of the forms, instruc- fraudulent return or to claim a refund or credit. tions, and publications you may need. Or, you can go to IRS.gov/OrderForms to place an order. • The IRS doesn’t initiate contact with taxpayers by email, text messages (including shortened links), tele- Getting tax publications and instructions in eBook phone calls, or social media channels to request or format. You can also download and view popular tax verify personal or financial information. This includes publications and instructions (including the Instructions for requests for personal identification numbers (PINs), Form 1040) on mobile devices as eBooks at IRS.gov/ passwords, or similar information for credit cards, eBooks. banks, or other financial accounts. • Go to IRS.gov/IdentityTheft, the IRS Identity Theft Note. IRS eBooks have been tested using Apple's Central webpage, for information on identity theft and iBooks for iPad. Our eBooks haven’t been tested on other data security protection for taxpayers, tax professio- dedicated eBook readers, and eBook functionality may nals, and businesses. If your SSN has been lost or not operate as intended. stolen or you suspect you’re a victim of tax-related Access your online account (individual taxpayers identity theft, you can learn what steps you should only). Go to IRS.gov/Account to securely access infor- take. mation about your federal tax account. • Get an Identity Protection PIN (IP PIN). IP PINs are • View the amount you owe and a breakdown by tax six-digit numbers assigned to taxpayers to help pre- year. vent the misuse of their SSNs on fraudulent federal in- come tax returns. When you have an IP PIN, it pre- • See payment plan details or apply for a new payment vents someone else from filing a tax return with your plan. SSN. To learn more, go to IRS.gov/IPPIN. • Make a payment or view 5 years of payment history and any pending or scheduled payments. Ways to check on the status of your refund. • Access your tax records, including key data from your • Go to IRS.gov/Refunds. most recent tax return, and transcripts. • Download the official IRS2Go app to your mobile de- • View digital copies of select notices from the IRS. vice to check your refund status. • Approve or reject authorization requests from tax pro- • Call the automated refund hotline at 800-829-1954. fessionals. Note. The IRS can’t issue refunds before mid-Febru- • View your address on file or manage your communi- ary for returns that claimed the EIC or the additional child cation preferences. tax credit (ACTC). This applies to the entire refund, not just the portion associated with these credits. Tax Pro Account. This tool lets your tax professional submit an authorization request to access your individual Making a tax payment. Go to IRS.gov/Payments for in- taxpayer IRS online account. For more information, go to formation on how to make a payment using any of the fol- IRS.gov/TaxProAccount. lowing options. Using direct deposit. The fastest way to receive a tax • IRS Direct Pay: Pay your individual tax bill or estima- refund is to file electronically and choose direct deposit, ted tax payment directly from your checking or sav- which securely and electronically transfers your refund di- ings account at no cost to you. rectly into your financial account. Direct deposit also • Debit or Credit Card: Choose an approved payment avoids the possibility that your check could be lost, stolen, processor to pay online or by phone. or returned undeliverable to the IRS. Eight in 10 taxpayers Publication 571 (January 2023) Page 29 |
Page 30 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Electronic Funds Withdrawal: Schedule a payment Contacting your local IRS office. Keep in mind, many when filing your federal taxes using tax return prepara- questions can be answered on IRS.gov without visiting an tion software or through a tax professional. IRS TAC. Go to IRS.gov/LetUsHelp for the topics people ask about most. If you still need help, IRS TACs provide • Electronic Federal Tax Payment System: Best option tax help when a tax issue can’t be handled online or by for businesses. Enrollment is required. phone. All TACs now provide service by appointment, so • Check or Money Order: Mail your payment to the ad- you’ll know in advance that you can get the service you dress listed on the notice or instructions. need without long wait times. Before you visit, go to • Cash: You may be able to pay your taxes with cash at IRS.gov/TACLocator to find the nearest TAC and to check a participating retail store. hours, available services, and appointment options. Or, on the IRS2Go app, under the Stay Connected tab, • Same-Day Wire: You may be able to do same-day choose the Contact Us option and click on “Local Offices.” wire from your financial institution. Contact your finan- cial institution for availability, cost, and time frames. The Taxpayer Advocate Service (TAS) Note. The IRS uses the latest encryption technology to Is Here To Help You ensure that the electronic payments you make online, by phone, or from a mobile device using the IRS2Go app are What Is TAS? safe and secure. Paying electronically is quick, easy, and TAS is an independent organization within the IRS that faster than mailing in a check or money order. helps taxpayers and protects taxpayer rights. Their job is What if I can’t pay now? Go to IRS.gov/Payments for to ensure that every taxpayer is treated fairly and that you more information about your options. know and understand your rights under the Taxpayer Bill of Rights. • Apply for an online payment agreement IRS.gov/ ( OPA) to meet your tax obligation in monthly install- How Can You Learn About Your Taxpayer ments if you can’t pay your taxes in full today. Once you complete the online process, you will receive im- Rights? mediate notification of whether your agreement has The Taxpayer Bill of Rights describes 10 basic rights that been approved. all taxpayers have when dealing with the IRS. Go to • Use the Offer in Compromise Pre-Qualifier to see if TaxpayerAdvocate.IRS.gov to help you understand what you can settle your tax debt for less than the full these rights mean to you and how they apply. These are amount you owe. For more information on the Offer in your rights. Know them. Use them. Compromise program, go to IRS.gov/OIC. What Can TAS Do for You? Filing an amended return. Go to IRS.gov/Form1040X for information and updates. TAS can help you resolve problems that you can’t resolve with the IRS. And their service is free. If you qualify for Checking the status of your amended return. Go to their assistance, you will be assigned to one advocate IRS.gov/WMAR to track the status of Form 1040-X amen- who will work with you throughout the process and will do ded returns. everything possible to resolve your issue. TAS can help you if: Note. It can take up to 3 weeks from the date you filed your amended return for it to show up in our system, and • Your problem is causing financial difficulty for you, processing it can take up to 16 weeks. your family, or your business; Understanding an IRS notice or letter you’ve re- • You face (or your business is facing) an immediate ceived. Go to IRS.gov/Notices to find additional informa- threat of adverse action; or tion about responding to an IRS notice or letter. • You’ve tried repeatedly to contact the IRS but no one has responded, or the IRS hasn’t responded by the Note. You can use Schedule LEP (Form 1040), Re- date promised. quest for Change in Language Preference, to state a pref- erence to receive notices, letters, or other written commu- How Can You Reach TAS? nications from the IRS in an alternative language. You may not immediately receive written communications in TAS has offices in every state, the District of Columbia, the requested language. The IRS’s commitment to LEP and Puerto Rico. Your local advocate’s number is in your taxpayers is part of a multi-year timeline that is scheduled local directory and at TaxpayerAdvocate.IRS.gov/ to begin providing translations in 2023. You will continue Contact-Us. You can also call them at 877-777-4778. to receive communications, including notices and letters in English until they are translated to your preferred lan- guage. Page 30 Publication 571 (January 2023) |
Page 31 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How Else Does TAS Help Taxpayers? to resolve tax problems with the IRS, such as audits, ap- peals, and tax collection disputes. In addition, LITCs can TAS works to resolve large-scale problems that affect provide information about taxpayer rights and responsibili- many taxpayers. If you know of one of these broad issues, ties in different languages for individuals who speak Eng- report it to them at IRS.gov/SAMS. lish as a second language. Services are offered for free or a small fee for eligible taxpayers. To find an LITC near TAS for Tax Professionals you, go to TaxpayerAdvocate.IRS.gov/about-us/Low- Income-Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low TAS can provide a variety of information for tax professio- Income Taxpayer Clinic List. nals, including tax law updates and guidance, TAS pro- grams, and ways to let TAS know about systemic prob- lems you’ve seen in your practice. Low Income Taxpayer Clinics (LITCs) LITCs are independent from the IRS. LITCs represent in- dividuals whose income is below a certain level and need Publication 571 (January 2023) Page 31 |
Page 32 of 32 Fileid: … ons/p571/202301/a/xml/cycle08/source 12:30 - 27-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Determining 17 403(b) account 3 Excess amounts 18 Q 403(b) plans: Excess deferrals 18 qualified birth or adoption 18 Basics 3 Excess elective deferral 18 qualified birth or adoption Benefits 3 Excise tax 18 distribution 1 20, Participation 4 Excise tax: Qualified domestic relations Self-employed ministers 4 Excess contributions 18 order 22 What is a 403(b) plan? 3 Reporting requirement 18 Who can set up a 403(b) R account? 4 F Reporting contributions: A Full-time or part-time 11 Chaplains 5 Reporting Contributions: After-tax contributions 5 G Self-employed ministers 5 Assistance (See Tax help) Required distributions 2 19, Gift tax 22 retirement income accounts 1 3 5, , B Retirement savings contributions I Basics 3 credit 1 26, Incidental life insurance 7 Benefits 3 Rollovers 18 20, Includible compensation 7 Roth contribution program 11 C 403(b) plan 16 Figuring 9 Catch-up contributions 17 S Foreign missionaries 16 Chaplain 4 Salary reduction agreement 11 Incidental life insurance 7 Church employees 16 Self-employed ministers 4 5 12 16, , , Self-employed ministers 16 Years of service 16 Includible compensation for your Contributions 4 most recent year of service: T After-tax 4 Definition 6 Tax help 27 Catch-up 17 Transfers 19 Elective deferrals 4 5, L 90-24 transfer 19 Nonelective 4 Limit on annual additions 6 Conservatorship 19 Reporting 5 Limit on elective deferrals 11 Direct-trustee-to-trustee 20 Correcting excess contributions 17 15-year rule 11 Insolvency 19 Credit, for retirement savings Figuring 14 Permissive service credit 20 contributions 26 General limit 11 V D M Voluntary deductible Distributions 18 contributions 22 MAC (See Maximum amount 10-year tax option 19 contributable) 90-24 transfer 19 Maximum amount contributable 5 W Deceased employees 22 Components 5 What is a 403(b) plan? 3 Direct rollover 22 How to figure MAC 5 Eligible retirement plans 21 When to figure MAC 6 Y Frozen deposit 22 Minimum required distributions 2, Years of service 11 Gift tax 22 19 Church employees 12 16, Minimum required 2 19, Ministers 4 16, Definition 12 Qualified domestic relations Missing children 2 Employer's annual work period 12 order 22 Most recent year of service 6 Full year of service 13 Rollovers 20 Most recent year of service, Full-time employee for the full Second rollover 22 figuring 7 year 12 Transfers 19 Full-time for part of the year 13 N Other than full-time for the full E year 13 Nonelective contributions 4 6, Elective deferrals 4 5, Part-time for the full year 13 Eligible employees 4 12, P Part-time for the part of the year 13 Employer's annual work period 12 Pre-tax contributions 7 10 20 24, , , Self-employed minister 16 Excess contributions 17 Publications (See Tax help) Total years of service 12 Correcting 17 Page 32 Publication 571 (January 2023) |