Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … tions/p575/2022/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 51 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Contents Internal Revenue Service Future Developments . . . . . . . . . . . . . . . . . . . . . . . 1 What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Publication 575 Cat. No. 15142B Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 General Information . . . . . . . . . . . . . . . . . . . . . . . . 4 Pension and Variable Annuities . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 457 Deferred Compensation Plans . . . . . . 6 Annuity Disability Pensions . . . . . . . . . . . . . . . . . . . . . . . 6 Insurance Premiums for Retired Public Safety Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Income Railroad Retirement Benefits . . . . . . . . . . . . . . . . 7 Withholding Tax and Estimated Tax . . . . . . . . . . 10 For use in preparing Cost (Investment in the Contract) . . . . . . . . . . . . 11 2022 Returns Taxation of Periodic Payments . . . . . . . . . . . . . . 12 Fully Taxable Payments . . . . . . . . . . . . . . . . . . 12 Partly Taxable Payments . . . . . . . . . . . . . . . . . . 12 Taxation of Nonperiodic Payments . . . . . . . . . . . 16 Figuring the Taxable Amount . . . . . . . . . . . . . . . 16 Loans Treated as Distributions . . . . . . . . . . . . . 19 Transfers of Annuity Contracts . . . . . . . . . . . . . . 20 Lump-Sum Distributions . . . . . . . . . . . . . . . . . . 21 Rollovers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Special Additional Taxes . . . . . . . . . . . . . . . . . . . 33 Tax on Early Distributions . . . . . . . . . . . . . . . . . 33 Tax on Excess Accumulation . . . . . . . . . . . . . . . 37 Survivors and Beneficiaries . . . . . . . . . . . . . . . . . 39 Disaster-Related Relief . . . . . . . . . . . . . . . . . . . . . 40 Qualified Disaster Recovery Distributions . . . . . . 40 Repayment of Qualified Disaster Distributions . . . 42 Loans From Qualified Plans . . . . . . . . . . . . . . . . 43 How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 45 Worksheet A. Simplified Method . . . . . . . . . . . . . 49 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Future Developments For the latest information about developments related to Pub. 575, such as legislation enacted after it was published, go to IRS.gov/Pub575. What’s New Get forms and other information faster and easier at: Qualified disaster tax relief. The special rules that pro- • IRS.gov (English) • IRS.gov/Korean (한국어) vide for tax-favored withdrawals and repayments from • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) certain qualified plans for taxpayers who suffered an Apr 12, 2023 |
Page 2 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. economic loss as a result of a qualified disaster were Repayment of qualified birth or adoption distribu- made permanent by the SECURE 2.0 Act of 2022. tions limited to 3 years. If you received a qualified birth A qualified disaster is a major disaster that occurred on or adoption distribution after December 29, 2022, you may or after January 26, 2021, and was declared by the Presi- repay the distribution by making one or more contributions dent after December 27, 2020, under section 401 of the to a qualified plan during the 3-year period beginning on Robert T. Stafford Disaster Relief and Emergency Act. For the day after the date on which the distribution was re- more information, see Disaster-Related Relief, later. ceived. Exception to 10% additional tax for early distribu- For distributions received on or before December 29, tions expanded to include additional distributions to 2022, you may repay the distribution during the period that qualified public safety employees. The exception to begins after the distribution was received and ending on the 10% additional tax for early distributions is expanded the date before January 1, 2026. to apply to the following distributions made to qualified The direct payment requirement for certain distribu- public safety employees after separation from service on tions for payment of health or long-term care insur- or after December 30, 2022: ance, repealed. Distributions from governmental plans • Distributions to employees separating from service on to an eligible retired public safety officer made after De- or after they reach age 50 or employees with 25 years cember 29, 2022, for health and long-term care insurance of service under the plan, whichever is earlier. can be excluded from that employee’s gross income whether the premiums are made directly to the provider of • Distributions to firefighters covered by private sector the accident or health plan or qualified long-term care in- retirement plans; and surance contract by deduction from a distribution from the • Distributions to those employees who provide serv- eligible retirement plan or is made to the employee. ices as a corrections officer or as a forensic security The amount which may be excluded from gross income employee providing for the care, custody, and control for the taxable year can’t exceed the lesser of $3,000 or of forensic patients who meet the age requirement, the amount paid for the insurance. above. Certain corrective distributions not subject to 10% Distributions to individuals who are terminally ill. early distribution tax. Beginning with distributions made The exception to the 10% additional tax for early distribu- on December 29, 2022 and after, the 10% additional tax tions is expanded to apply to distributions made to termi- on early distributions will not apply to a corrective IRA dis- nally ill individuals on or after December 30, 2022. See tribution, which consists of an excessive contribution (a Terminally ill individuals, for more information. contribution greater than the IRA contribution limit) and any earnings (the portion of the distribution subject to the Required minimum distributions (RMDs). Individuals 10% additional tax) allocable to the excessive contribu- who reach age 72 after December 31, 2022, may delay tion, as long as the corrective distribution is made on or receiving their RMDs until April 1 of the year following the before the due date (including extensions) of the income year in which they turn age 73. tax return. Statute of limitations rules changed for excess con- tributions and excess accumulations. Beginning on or Excise tax rate for excess accumulations reduced. after December 29, 2022, the statute of limitations for ex- The excise tax rate for distributions that are less than the cess contributions and excess accumulations (resulting required minimum distribution amount (excess accumula- from distributions less than the required minimum distribu- tions) is reduced to 25% for tax years beginning in 2023 tion) is changed. Under the new rules, the statute of limita- and after. tions is changed to provide relief to taxpayers not aware of You may be subject to a reduced excise tax rate of the requirement to file Form 5329, Additional Taxes on 10% of the amount not distributed, if, during the correction Qualified Plans (Including IRAs) and Other Tax-Favored window, you take a distribution of the amount on which Accounts. If you are required to file a tax return, attach the tax is due and submit a tax return reflecting this excise Form 5329 to your return. If you are not required to file a tax. tax return, complete and file Form 5329 by itself. The “correction window” is the period of time beginning The period of limitations now begins for Form 5329 on the date on which the excise tax is imposed on the dis- nonfilers when the individual files the income tax return for tribution shortfall and ends on the earliest of the following the year of the violation. If the individual is not required to dates: file an income tax return for the year, the period of limita- • The date of mailing the deficiency notice with respect tions is also triggered when the taxpayer would have been to the imposition of this tax; or required to file, without regard to any extension. The new rules now extend the 3-year limitations period to six-years • The date the tax is assessed; or for excess contributions when the income tax return trig- • The last day of the second taxable year that begins af- gers the period. ter the date of the taxable year in which the excise tax However, filing the income tax return does not start the is imposed. period (of limitations) where excise taxes on excess con- tributions are attributable to acquiring property for less Substantially equal payments clarified. Distributions than fair market value. received as periodic payments on or after December 29, Page 2 Publication 575 (2022) |
Page 3 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2022, will not fail to be treated as substantially equal • When additional taxes on certain distributions may ap- merely because they are received as an annuity. ply (including the tax on early distributions and the tax on excess accumulation). For additional information on how to report pen- Reminders TIP sion or annuity payments on your federal income tax return, be sure to review the instructions on Form 8915-F replaces Form 8915-E. Form 8915-F, the back of Copies B, C, and 2 of the Form 1099-R, Distri- Qualified Disaster Retirement Plan Distributions and Re- butions From Pensions, Annuities, Retirement or payments, replaces Form 8915-E for reporting qualified Profit-Sharing Plans, IRAs, Insurance Contracts, etc., that 2020 disaster distributions and repayments of those distri- you received and the instructions for Form 1040, lines 5a butions made in 2021 and 2022, as applicable. In previ- and 5b, and the instructions for Form 1040-NR, lines 5a ous years, distributions and repayments would be repor- and 5b. ted on the applicable Form 8915 for that year's disasters. For example, Form 8915-D, Qualified 2019 Disaster Re- A “corrected” Form 1099-R replaces the corre- tirement Plan Distributions and Repayments, would be ! sponding original Form 1099-R if the original used to report qualified 2019 disaster distributions and re- CAUTION Form 1099-R contained an error. Make sure you payments. use the amounts shown on the corrected Form 1099-R Form 8915-F is a forever form. Beginning in 2021, addi- when reporting information on your tax return. tional alphabetical Forms 8915 will not be issued. For more information, see the Instructions for Form 8915-F. What isn't covered in this publication? The following topics aren't discussed in this publication. Photographs of missing children. The IRS is a proud partner with the National Center for Missing & Exploited The General Rule. This is the method generally used Children® (NCMEC). Photographs of missing children se- to determine the tax treatment of pension and annuity in- lected by the Center may appear in this publication on pa- come from nonqualified plans (including commercial an- ges that would otherwise be blank. You can help bring nuities). For a qualified plan, you can’t generally use the these children home by looking at the photographs and General Rule unless your annuity starting date is before calling 1-800-THE-LOST (1-800-843-5678) if you recog- November 19, 1996. Although this publication will help nize a child. you determine whether you can use the General Rule, it won't help you use it to determine the tax treatment of your pension or annuity income. For that and other infor- mation on the General Rule, see Pub. 939, General Rule Introduction for Pensions and Annuities. This publication discusses the tax treatment of distribu- Individual retirement arrangements (IRAs). Infor- tions you receive from pension and annuity plans and also mation on the tax treatment of amounts you receive from shows you how to report the income on your federal in- an IRA is in Pub. 590-B. come tax return. How these distributions are taxed de- pends on whether they are periodic payments (amounts Civil service retirement benefits. If you are retired received as an annuity) that are paid at regular intervals from the federal government (regular, phased, or disability over several years or nonperiodic payments (amounts not retirement) or are the survivor or beneficiary of a federal received as an annuity). employee or retiree who died, see Pub. 721, Tax Guide to U.S. Civil Service Retirement Benefits. Pub. 721 covers What is covered in this publication? This publication the tax treatment of federal retirement benefits, primarily contains information that you need to understand the fol- those paid under the Civil Service Retirement System lowing topics. (CSRS) or the Federal Employees' Retirement System (FERS). It also covers benefits paid from the Thrift Sav- • How to figure the tax-free part of periodic payments ings Plan (TSP). under a pension or annuity plan, including using a simple worksheet for payments under a qualified plan. Social security and equivalent tier 1 railroad retire- • How to figure the tax-free part of nonperiodic pay- ment benefits. For information about the tax treatment of ments from qualified and nonqualified plans, and how these benefits, see Pub. 915, Social Security and Equiva- to use the optional methods to figure the tax on lent Railroad Retirement Benefits. However, this publica- lump-sum distributions from pension, stock bonus, tion (575) covers the tax treatment of the non-social se- and profit-sharing plans. curity equivalent benefit portion of tier 1 railroad retirement benefits, tier 2 benefits, vested dual benefits, and supple- • How to roll over certain distributions from a retirement mental annuity benefits paid by the U.S. Railroad Retire- plan into another retirement plan or IRA. ment Board. • How to report disability payments, and how beneficia- Tax-sheltered annuity plans (403(b) plans). If you ries and survivors of employees and retirees must re- work for a public school or certain tax-exempt organiza- port benefits paid to them. tions, you may be eligible to participate in a 403(b) retire- • How to report railroad retirement benefits. ment plan offered by your employer. Although this Publication 575 (2022) Page 3 |
Page 4 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. publication covers the treatment of benefits under 403(b) 939 939 General Rule for Pensions and Annuities plans and discusses in-plan Roth rollovers from 403(b) 976 976 Disaster Relief plans to designated Roth accounts, it doesn't cover other tax provisions that apply to these plans. For that and other Form (and Instructions) information on 403(b) plans, see Pub. 571, Tax-Sheltered W-4P Annuity Plans (403(b) Plans) For Employees of Public W-4P Withholding Certificate for Pension or Annuity Schools and Certain Tax-Exempt Organizations. Payments W-4R W-4R Withholding Certificate for Nonperiodic Comments and suggestions. We welcome your com- Payments and Eligible Rollover Distributions ments about this publication and suggestions for future editions. 1099-R 1099-R Distributions From Pensions, Annuities, You can send us comments through IRS.gov/ Retirement or Profit-Sharing Plans, IRAs, FormComments. Or, you can write to the Internal Reve- Insurance Contracts, etc. nue Service, Tax Forms and Publications, 1111 Constitu- 4972 4972 Tax on Lump-Sum Distributions tion Ave. NW, IR-6526, Washington, DC 20224. Although we can’t respond individually to each com- 5329 5329 Additional Taxes on Qualified Plans (Including ment received, we do appreciate your feedback and will IRAs) and Other Tax-Favored Accounts consider your comments and suggestions as we revise 8915-C 8915-C Qualified 2018 Disaster Retirement Plan our tax forms, instructions, and publications. Don’t send Distributions and Repayments tax questions, tax returns, or payments to the above ad- 8915-D dress. 8915-D Qualified 2019 Disaster Retirement Plan Distributions and Repayments Getting answers to your tax questions. If you have 8915-F a tax question not answered by this publication or the How 8915-F Qualified Disaster Retirement Plan To Get Tax Help section at the end of this publication, go Distributions and Repayments to the IRS Interactive Tax Assistant page at IRS.gov/ See How To Get Tax Help near the end of this publication Help/ITA where you can find topics by using the search for information about getting publications and forms. feature or viewing the categories listed. Getting tax forms, instructions, and publications. Go to IRS.gov/Forms to download current and prior-year General Information forms, instructions, and publications. Ordering tax forms, instructions, and publications. Definitions. Some of the terms used in this publication Go to IRS.gov/OrderForms to order current forms, instruc- are defined in the following paragraphs. tions, and publications; call 800-829-3676 to order Pension. A pension is generally a series of definitely prior-year forms and instructions. The IRS will process determinable payments made to you after you retire from your order for forms and publications as soon as possible. work. Pension payments are made regularly and are Don’t resubmit requests you’ve already sent us. You can based on such factors as years of service and prior com- get forms and publications faster online. pensation. Annuity. An annuity is a series of payments under a Useful Items contract made at regular intervals over a period of more You may want to see: than 1 full year. They can be either fixed (under which you receive a definite amount) or variable (not fixed). You can Publication buy the contract alone or with the help of your employer. 524 524 Credit for the Elderly or the Disabled Qualified employee plan. A qualified employee plan 525 525 Taxable and Nontaxable Income is an employer's stock bonus, pension, or profit-sharing 560 560 Retirement Plans for Small Business (SEP, plan that is for the exclusive benefit of employees or their SIMPLE, and Qualified Plans) beneficiaries and that meets Internal Revenue Code re- quirements. It qualifies for special tax benefits, such as tax 571 571 Tax-Sheltered Annuity Plans (403(b) Plans) deferral for employer contributions and capital gain treat- 590-A 590-A Contributions to Individual Retirement ment or the 10-year tax option for lump-sum distributions Arrangements (IRAs) (if participants qualify). To determine whether your plan is a qualified plan, check with your employer or the plan ad- 590-B 590-B Distributions from Individual Retirement ministrator. Arrangements (IRAs) Qualified employee annuity. A qualified employee 721 721 Tax Guide to U.S. Civil Service Retirement annuity is a retirement annuity purchased by an employer Benefits for an employee under a plan that meets Internal Revenue 907 907 Tax Highlights for Persons With Disabilities Code requirements. 915 915 Social Security and Equivalent Railroad Designated Roth account. A designated Roth ac- Retirement Benefits count is a separate account created under a qualified Page 4 Publication 575 (2022) |
Page 5 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Roth contribution program to which participants may elect formula determines the amount of the pension benefits. to have part or all of their elective deferrals to a 401(k), The amount of contributions is the amount necessary to 403(b), or 457(b) plan designated as Roth contributions. provide that pension. Elective deferrals that are designated as Roth contribu- Each plan is a separate program and a separate con- tions are included in your income. However, qualified dis- tract. If you get benefits from these plans, you must ac- tributions (explained later) aren't included in your income. count for each separately, even though the benefits from You should check with your plan administrator to deter- both may be included in the same check. mine if your plan will accept designated Roth contribu- Distributions from a designated Roth account are tions. treated separately from other distributions from Tax-sheltered annuity plan. A tax-sheltered annuity CAUTION! the plan. plan (often referred to as a 403(b) plan or a tax-deferred annuity plan) is a retirement plan for employees of public Qualified domestic relations order (QDRO). A QDRO schools and certain tax-exempt organizations. Generally, is a judgment, decree, or order relating to payment of child a tax-sheltered annuity plan provides retirement benefits support, alimony, or marital property rights to a spouse, by purchasing annuity contracts for its participants. former spouse, child, or other dependent of a participant in a retirement plan. The QDRO must contain certain spe- Types of pensions and annuities. Pensions and annui- cific information, such as the name and last known mailing ties include the following types. address of the participant and each alternate payee, and Fixed-period annuities. You receive definite the amount or percentage of the participant's benefits to amounts at regular intervals for a specified length of time. be paid to each alternate payee. A QDRO may not award an amount or form of benefit that isn't available under the Annuities for a single life. You receive definite plan. amounts at regular intervals for life. The payments end at A spouse or former spouse who receives part of the death. benefits from a retirement plan under a QDRO reports the Joint and survivor annuities. The first annuitant re- payments received as if they were a plan participant. The ceives a definite amount at regular intervals for life. After spouse or former spouse is allocated a share of the partic- they die, a second annuitant receives a definite amount at ipant's cost (investment in the contract) equal to the cost regular intervals for life. The amount paid to the second times a fraction. The numerator of the fraction is the annuitant may or may not differ from the amount paid to present value of the benefits payable to the spouse or for- the first annuitant. mer spouse. The denominator is the present value of all benefits payable to the participant. Variable annuities. You receive payments that may A distribution that is paid to a child or other dependent vary in amount for a specified length of time or for life. The under a QDRO is taxed to the plan participant. amounts you receive may depend upon such variables as profits earned by the pension or annuity funds, cost-of-liv- ing indexes, or earnings from a mutual fund. Variable Annuities Disability pensions. You receive disability payments The tax rules in this publication apply both to annuities because you retired on disability and haven't reached that provide fixed payments and to annuities that provide minimum retirement age. payments that vary in amount based on investment results or other factors. For example, they apply to commercial More than one program. You may receive employee variable annuity contracts, whether bought by an em- plan benefits from more than one program under a single ployee retirement plan for its participants or bought di- trust or plan of your employer. If you participate in more rectly from the issuer by an individual investor. Under than one program, you may have to treat each as a sepa- these contracts, the owner can generally allocate the pur- rate pension or annuity contract, depending upon the chase payments among several types of investment port- facts in each case. Also, you may be considered to have folios or mutual funds and the contract value is deter- received more than one pension or annuity. Your former mined by the performance of those investments. The employer or the plan administrator should be able to tell earnings aren't taxed until distributed either in a with- you if you have more than one contract. drawal or in annuity payments. The taxable part of a distri- bution is treated as ordinary income. Example. Your employer set up a noncontributory profit-sharing plan for its employees. The plan provides For information on the tax treatment of a transfer or ex- that the amount held in the account of each participant will change of a variable annuity contract, see Transfers of be paid when that participant retires. Your employer also Annuity Contracts under Taxation of Nonperiodic Pay- set up a contributory defined benefit pension plan for its ments, later. employees providing for the payment of a lifetime pension to each participant after retirement. Net Investment Income Tax (NIIT). Annuities under a The amount of any distribution from the profit-sharing nonqualified plan are included in calculating your net in- plan depends on the contributions (including allocated for- vestment income for the NIIT. See Form 8960, Net Invest- feitures) made for the participant and the earnings from ment Income Tax—Individuals, Estates, and Trusts, and those contributions. Under the pension plan, however, a its instructions for more information. Publication 575 (2022) Page 5 |
Page 6 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Withdrawals. If you withdraw funds before your annuity investment of the deferred pay. You are generally taxed starting date and your annuity is under a qualified retire- on amounts deferred in an eligible state or local govern- ment plan, a ratable part of the amount withdrawn is tax ment plan only when they are distributed from the plan. free. The tax-free part is based on the ratio of your cost You are taxed on amounts deferred in an eligible tax-ex- (investment in the contract) to your account balance under empt organization plan when they are distributed or other- the plan. wise made available to you. If your annuity is under a nonqualified plan (including a Your 457(b) plan may have a designated Roth account contract you bought directly from the issuer), the amount option. If so, you may be able to roll over amounts to the withdrawn is allocated first to earnings (the taxable part) designated Roth account or make contributions. Elective and then to your cost (the tax-free part). However, if you deferrals to a designated Roth account are included in bought your annuity contract before August 14, 1982, a your income. Qualified distributions (explained later) aren't different allocation applies to the investment before that included in your income. See Designated Roth accounts date and the earnings on that investment. To the extent under Taxation of Periodic Payments, later. the amount withdrawn doesn't exceed that investment and earnings, it is allocated first to your cost (the tax-free part) This publication covers the tax treatment of benefits un- and then to earnings (the taxable part). der eligible section 457 plans, but it doesn't cover the If you withdraw funds (other than as an annuity) on or treatment of deferrals. For information on deferrals under after your annuity starting date, the entire amount with- section 457 plans, see Retirement Plan Contributions un- drawn is generally taxable. der Employee Compensation in Pub. 525. The amount you receive in a full surrender of your an- nuity contract at any time is tax free to the extent of any Is your plan eligible? To find out if your plan is an eligi- cost that you haven't previously recovered tax free. The ble plan, check with your employer. Plans that aren’t eligi- rest is taxable. ble section 457 plans include the following. For more information on the tax treatment of withdraw- • Bona fide vacation leave, sick leave, compensatory als, see Taxation of Nonperiodic Payments, later. If you time, severance pay, disability pay, or death benefit withdraw funds from your annuity before you reach age plans. 59 / , also see 1 2 Tax on Early Distributions under Special Additional Taxes, later. • Nonelective deferred compensation plans for nonem- ployees (independent contractors). Annuity payments. If you receive annuity payments un- • Deferred compensation plans maintained by der a variable annuity plan or contract, you recover your churches. cost tax free under either the Simplified Method or the General Rule, as explained under Taxation of Periodic • Length of service award plans for bona fide volunteer Payments, later. For a variable annuity paid under a quali- firefighters and emergency medical personnel. An ex- fied plan, you must generally use the Simplified Method. ception applies if the total amount paid to a volunteer For a variable annuity paid under a nonqualified plan (in- exceeds $6,500 for any year of service. cluding a contract you bought directly from the issuer), you must use a special computation under the General Disability Pensions Rule. For more information, see Variable annuities under Computation Under the General Rule in Pub. 939. If you retired on disability, you must generally include in in- come any disability pension you receive under a plan that Death benefits. If you receive a single-sum distribution is paid for by your employer. You must report your taxable from a variable annuity contract because of the death of disability payments as wages on Form 1040, 1040-SR, or the owner or annuitant, the distribution is generally taxable 1040-NR, line 1a, until you reach minimum retirement only to the extent it is more than the unrecovered cost of age. Minimum retirement age is generally the age at the contract. If you choose to receive an annuity, the pay- which you can first receive a pension or annuity if you ments are subject to tax as described above. If the con- aren't disabled. tract provides a joint and survivor annuity and the primary You may be entitled to a tax credit if you were per- annuitant had received annuity payments before death, manently and totally disabled when you retired. you figure the tax-free part of annuity payments you re- TIP For information on this credit, see Pub. 524. ceive as the survivor in the same way the primary annui- tant did. See Survivors and Beneficiaries, later. Beginning on the day after you reach minimum retire- ment age, payments you receive are taxable as a pension Section 457 Deferred Compensation or annuity. When you receive pension or annuity pay- Plans ments, you are able to recover your cost or investment. Your cost is generally your net investment in the plan as of If you work for a state or local government or for a tax-ex- your annuity starting date. It doesn't include pre-tax contri- empt organization, you may be able to participate in a butions. For more information, see Cost (Investment in the section 457 deferred compensation plan. If your plan is an Contract) and Taxation of Periodic Payments, later. eligible plan, you aren't taxed currently on pay that is de- ferred under the plan or on any earnings from the plan's Page 6 Publication 575 (2022) |
Page 7 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Report the payments on Form 1040, 1040-SR, or include only the taxable amount on that line and enter 1040-NR, lines 5a and 5b. “PSO” and the amount excluded on the dotted line next to the applicable line. Disability payments for injuries incurred as a di- TIP rect result of a terrorist attack directed against the United States (or its allies) aren't included in in- Railroad Retirement Benefits come. For more information about payments to survivors of terrorist attacks, see Pub. 3920, Tax Relief for Victims Benefits paid under the Railroad Retirement Act fall into of Terrorist Attacks, and Pub. 907. two categories. These categories are treated differently for income tax purposes. Military and government disability pensions. Certain The first category is the amount of tier 1 railroad retire- military and government disability pensions aren’t taxable. ment benefits that equals the social security benefit that a Service-connected disability. You may be able to railroad employee or beneficiary would have been entitled exclude from income amounts you receive as a pension, to receive under the social security system. This part of annuity, or similar allowance for personal injury or sick- the tier 1 benefit is the social security equivalent benefit ness resulting from active service in one of the following (SSEB) and you treat it for tax purposes as social security government services. benefits. If you received, repaid, or had tax withheld from the SSEB portion of tier 1 benefits during 2022, you will • The armed forces of any country. receive Form RRB-1099, Payments by the Railroad Re- • The National Oceanic and Atmospheric Administra- tirement Board (or Form RRB-1042S, Statement for Non- tion. resident Alien Recipients of Payments by the Railroad Re- tirement Board, if you are a nonresident alien) from the • The Public Health Service. U.S. Railroad Retirement Board (RRB). • The Foreign Service. For more information about the tax treatment of the SSEB portion of tier 1 benefits and Forms RRB-1099 and Insurance Premiums for Retired RRB-1042S, see Pub. 915. Public Safety Officers The second category contains the rest of the tier 1 rail- If you are an eligible retired public safety officer (law en- road retirement benefits called the non-social security forcement officer, firefighter, chaplain, or member of a res- equivalent benefit (NSSEB). It also contains any tier 2 cue squad or ambulance crew), you can elect to exclude benefit, vested dual benefit (VDB), and supplemental an- from income distributions made from your eligible retire- nuity benefit. Treat this category of benefits, shown on ment plan that are used to pay the premiums for accident Form RRB-1099-R, as an amount received from a quali- or health insurance or long-term care insurance. The pre- fied employee plan. This allows for the tax-free (nontaxa- miums can be for coverage for you, your spouse, or de- ble) recovery of employee contributions from the tier 2 pendents. The distribution must be made directly from the benefits and the NSSEB part of the tier 1 benefits. (The plan to the insurance provider. You can exclude from in- NSSEB and tier 2 benefits, less certain repayments, are come the smaller of the amount of the insurance premi- combined into one amount called the Contributory ums or $3,000. You can only make this election for Amount Paid on Form RRB-1099-R.) VDBs and supple- amounts that would otherwise be included in your income. mental annuity benefits are non-contributory pensions and The amount excluded from your income can't be used to are fully taxable. See Taxation of Periodic Payments, claim a medical expense deduction. later, for information on how to report your benefits and how to recover the employee contributions tax free. Form An eligible retirement plan is a governmental plan that RRB-1099-R is used for U.S. citizens, resident aliens, and is a: nonresident aliens. • Qualified trust, Nonresident aliens. A nonresident alien is an individual • Section 403(a) plan, who isn't a citizen or a resident alien of the United States. • Section 403(b) annuity, or If you are a nonresident alien, you are subject to U.S. tax on your SSEB portion of tier 1 benefits at a 30% rate, un- • Section 457(b) plan. less exempt or subject to a lower treaty rate. See Pub. If you make this election, reduce the otherwise taxable 519, U.S. Tax Guide for Aliens, for more information. amount of your pension or annuity by the amount exclu- If your rate of tax changed or your country of legal resi- ded. The amount shown in box 2a of Form 1099-R doesn't dence changed during the tax year, you may receive more reflect this exclusion. Report your total distributions on than one Form RRB-1042S or Form RRB-1099-R. To de- Form 1040, 1040-SR, or 1040-NR, line 5a. Report the tax- termine your total benefits paid or repaid and total tax able amount on Form 1040, 1040-SR, or 1040-NR, withheld for the year, you should add the amounts shown line 5b. Enter “PSO” next to the appropriate line on which on all forms you received for that year. you report the taxable amount. Tax withholding. To request or change your income tax If you are retired on disability and reporting your disabil- withholding from SSEB payments, U.S. citizens should ity pension on Form 1040, 1040-SR, or 1040-NR, line 1a, contact the IRS for Form W-4V, Voluntary Withholding Publication 575 (2022) Page 7 |
Page 8 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. PAYER’S NAME, STREET ADDRESS, CITY, STATE, AND ZIP CODE ANNUITIES OR PENSIONS BY THE UNITED STATES RAILROAD RETIREMENT BOARD RAILROAD RETIREMENT BOARD 2022 844 N RUSH ST CHICAGO IL 60611-1275 3. Employee Contributions PAYER’S FEDERAL IDENTIFYING NO. 36-3314600 1. Claim Number and Payee Code 4. Contributory Amount Paid COPY B - 2. Recipient’s Number 5. Vested Dual REPORT THIS INCOME ON YOUR FEDERAL TAX Recipient’s Name, Street Address, City, State, and Zip Code 6. Supplemental Annuity RETURN. IF THIS FORM SHOWS FEDERAL INCOME 7. Total Gross Paid TAX WITHHELD IN BOX 9, (Sum of boxes 4, 5, and 6) ATTACH THIS COPY TO 8. Repayments YOUR RETURN. THIS INFORMATION IS BEING 9. Federal Income Tax FURNISHED TO THE INTERNAL Withheld REVENUE SERVICE. 10. Medicare Premium Total FORM RRB-1099-R Request, and file it with the RRB. To elect, revoke, or • Dual railroad retirement entitlement under another change your income tax withholding from NSSEB, tier 2, RRB claim number; VDB, and supplemental annuity payments received, use Work deductions; • Form RRB W-4P, Withholding Certificate for Railroad Re- tirement Payments. If you are a nonresident alien or a • Legal process partition deductions; U.S. citizen living abroad, you should provide Form • Actuarial adjustment; RRB-1001, Nonresident Questionnaire, to the RRB to fur- nish citizenship and residency information and to claim • Annuity waiver; or any treaty exemption from U.S. tax withholding. Nonresi- • Recovery of a current-year overpayment of NSSEB, dent U.S. citizens can't elect to be exempt from withhold- tier 2, VDB, or supplemental annuity benefits. ing on payments delivered outside the United States. The amounts shown on Form RRB-1099-R don't reflect Help from the RRB. To request an RRB form or to get any special rules, such as capital gain treatment or the help with questions about an RRB benefit, you should special 10-year tax option for lump-sum payments, or contact your nearest RRB field office if you reside in the tax-free rollovers. To determine if any of these rules apply United States (call 877-772-5772 for the nearest field of- to your benefits, see the discussions about them later. fice) or U.S. Consulate/Embassy if you reside outside the Generally, amounts shown on your Form RRB-1099-R United States. You can visit the RRB on the Internet at are considered a normal distribution. Use distribution RRB.gov. code “7” if you are asked for a distribution code. Distribu- tion codes aren't shown on Form RRB-1099-R. Form RRB-1099-R. The following discussion explains There are three copies of this form. Copy B is to be in- the items shown on Form RRB-1099-R. The amounts cluded with your income tax return if federal income tax is shown on this form are before any deduction for: withheld. Copy C is for your own records. Copy 2 is filed with your state, city, or local income tax return when re- • Federal income tax withholding; quired. See the illustrated Copy B (Form RRB-1099-R), • Medicare premiums; later. • Legal process garnishment payments; Each beneficiary will receive their own Form • Recovery of a prior-year overpayment of an NSSEB, TIP RRB-1099-R. If you receive benefits on more than tier 2 benefit, VDB, or supplemental annuity benefit; or one railroad retirement record, you may get more than one Form RRB-1099-R. So that you get your form • Recovery of Railroad Unemployment Insurance Act timely, make sure the RRB always has your current mail- benefits received while awaiting payment of your rail- ing address. road retirement annuity. The amounts shown on this form are after any offset Box 1—Claim Number and Payee Code. Your claim for: number is a six- or nine-digit number preceded by an al- • Social security benefits; phabetical prefix. This is the number under which the RRB paid your benefits. Your payee code follows your claim • Age reduction; number and is the last number in this box. It is used by the • Public service pensions or public disability benefits; RRB to identify you under your claim number. In all your Page 8 Publication 575 (2022) |
Page 9 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. correspondence with the RRB, be sure to use the claim Box 6—Supplemental Annuity. This is the gross number and payee code shown in this box. amount of supplemental annuity benefits paid in 2022, less any 2022 supplemental annuity benefits you repaid in Box 2—Recipient's Identification Number. This is 2022. It is fully taxable. Supplemental annuity benefits you the recipient's U.S. taxpayer identification number (TIN). It repaid in 2022 for an earlier year or for an unknown year is the social security number (SSN), individual taxpayer are shown in box 8. identification number (ITIN), or employer identification number (EIN), if known, for the person or estate listed as Box 7—Total Gross Paid. This is the sum of boxes 4, the recipient. 5, and 6. The amount represents the total pension paid in 2022. Include this amount on Form 1040, 1040-SR, or If you are a resident or nonresident alien who 1040-NR, line 5a. TIP must furnish a TIN to the IRS and aren’t eligible to obtain an SSN, use Form W-7, Application for IRS Box 8—Repayments. This amount represents any Individual Taxpayer Identification Number, to apply for an NSSEB, tier 2 benefit, VDB, and supplemental annuity ITIN. The Instructions for Form W-7 explain how and when benefit you repaid to the RRB in 2022 for years before to apply. 2022 or for unknown years. The amount shown in this box hasn't been deducted from the amounts shown in boxes Box 3—Employee Contributions. This is the amount 4, 5, and 6. It only includes repayments of benefits that of taxes withheld from the railroad employee's earnings were taxable to you. This means it only includes repay- that exceeds the amount of taxes that would have been ments in 2022 of NSSEB benefits paid after 1985, tier 2 withheld had the earnings been covered under the social and VDB benefits paid after 1983, and supplemental an- security system. This amount is the employee's cost that nuity benefits paid in any year. If you included the benefits you use to figure the tax-free part of the NSSEB and tier 2 in your income in the year you received them, you may be benefit you received (the amount shown in box 4). (For in- able to deduct the repaid amount. For more information formation on how to figure the tax-free part, see Partly about repayments, see Repayment of benefits received in Taxable Payments under Taxation of Periodic Payments, an earlier year, later. later.) The amount shown is the total employee contribu- You may have repaid an overpayment of benefits tion amount, not reduced by any amounts that the RRB by returning a payment, by making a payment, or calculated as previously recovered. It is the latest amount TIP by having an amount withheld from your railroad reported for 2022 and may have increased or decreased retirement annuity payment. from a previous Form RRB-1099-R. If this amount has changed, the change is retroactive. You may need to re- Box 9—Federal Income Tax Withheld. This is the figure the tax-free part of your NSSEB/tier 2 benefit for total federal income tax withheld from your NSSEB, tier 2 2022 and prior tax years. If this box is blank, it means that benefit, VDB, and supplemental annuity benefit. Include the amount of your NSSEB and tier 2 payments shown in this on your income tax return as tax withheld. If you are a box 4 is fully taxable. nonresident alien and your tax withholding rate and/or If you had a previous annuity entitlement that country of legal residence changed during 2022, you will ! ended and you are figuring the tax-free part of receive more than one Form RRB-1099-R for 2022. Deter- CAUTION your NSSEB/tier 2 benefit for your current annuity mine the total amount of U.S. federal income tax withheld entitlement, you should contact the RRB for confirmation from your 2022 RRB NSSEB, tier 2, VDB, and supple- of your correct employee contribution amount. mental annuity payments by adding the amounts in box 9 of all original 2022 Forms RRB-1099-R, or the latest cor- Box 4—Contributory Amount Paid. This is the gross rected or duplicate Forms RRB-1099-R you receive. amount of the NSSEB and tier 2 benefit you received in 2022, less any 2022 benefits you repaid in 2022. (Any Box 10—Rate of Tax. If you are a nonresident alien, benefits you repaid in 2022 for an earlier year or for an un- an entry in this box indicates the rate at which tax was known year are shown in box 8.) This amount is the total withheld on the NSSEB, tier 2, VDB, and supplemental contributory pension paid in 2022. It may be partly taxable annuity payments that were paid to you in 2022. If you are and partly tax free or fully taxable. If you determine you a nonresident alien whose tax was withheld at more than are eligible to compute a tax-free part, as explained later one rate during 2022, you will receive a separate Form in Partly Taxable Payments under Taxation of Periodic RRB-1099-R for each rate change during 2022. If you are Payments, use the latest reported employee contribution taxed as a U.S. citizen or resident alien, this box doesn't amount shown in box 3 as the cost. apply to you. Box 5—Vested Dual Benefit. This is the gross Box 11—Country. If you are a nonresident alien, an amount of VDB payments paid in 2022, less any 2022 entry in this box indicates the country of which you were a VDB payments you repaid in 2022. It is fully taxable. VDB resident for tax purposes at the time you received railroad payments you repaid in 2022 for an earlier year or for an retirement payments in 2022. If you are a nonresident unknown year are shown in box 8. alien who was a resident of more than one country during 2022, you will receive a separate Form RRB-1099-R for Note. The amounts shown in boxes 4 and 5 may rep- each country of residence during 2022. If you are taxed as resent payments for 2022 and/or other years after 1983. a U.S. citizen or resident alien, this box doesn't apply to you. Publication 575 (2022) Page 9 |
Page 10 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Box 12—Medicare Premium Total. This is for infor- Choosing no withholding. You can choose not to have mation purposes only. The amount shown in this box rep- income tax withheld from retirement plan payments unless resents the total amount of Part B Medicare premiums de- they are eligible rollover distributions. You can make this ducted from your railroad retirement annuity payments in choice on Form W-4P for periodic payments or Form 2022. Medicare premium refunds aren't included in the W-4R for nonperiodic payments. This choice generally re- Medicare total. The Medicare total is normally shown on mains in effect until you revoke it. Form RRB-1099 (if you are a citizen or resident alien of The payer will ignore your choice not to have tax with- the United States) or Form RRB-1042S (if you are a non- held if: resident alien). However, if Form RRB-1099 or Form • You don't give the payer your SSN (in the required RRB-1042S isn't required for 2022, then this total will be manner); or shown on Form RRB-1099-R. If your Medicare premiums were deducted from your social security benefits, paid by • The IRS notifies the payer, before the payment is a third party, refunded to you, and/or you paid the premi- made, that you gave an incorrect SSN. ums by direct billing, your Medicare total won't be shown To choose not to have tax withheld, a U.S. citizen or in this box. resident alien must give the payer a home address in the United States or its possessions. Without that address, Repayment of benefits received in an earlier year. If the payer must withhold tax. For example, the payer has you had to repay any railroad retirement benefits that you to withhold tax if the recipient has provided a U.S. address had included in your income in an earlier year because at for a nominee, trustee, or agent to whom the benefits are that time you thought you had an unrestricted right to it, delivered, but hasn't provided their own U.S. home ad- you can deduct the amount you repaid in the year in which dress. you repaid it. If you don't give the payer a home address in the Uni- However, if you repaid $3,000, or less, for tax years ted States or its possessions, you can choose not to have 2018 through 2025, miscellaneous itemized deductions tax withheld only if you certify to the payer that you aren't a subject to the 2%-of-adjusted-gross-income limit are sus- U.S. citizen, a U.S. resident alien, or someone who is sub- pended and therefore not deductible on Schedule A ject to section 877 because you expatriated before June (Form 1040). 17, 2008. See Form 8854 and its instructions for details If you repaid more than $3,000 in 2022, you can either about section 877. But if you so certify, you may be sub- take a deduction for the amount repaid on Schedule A ject to the 30% flat rate withholding that applies to nonres- (Form 1040), line 16, or you can take a credit against your ident aliens. This 30% rate won't apply if you are exempt tax. For more information, see Repayments in Pub. 525. or subject to a reduced rate by treaty. For details, see Pub. 519. Withholding Tax and Estimated Tax Periodic payments. Unless you choose no withholding, Your retirement plan distributions are subject to federal in- your annuity or similar periodic payments (other than eligi- come tax withholding. However, you can choose not to ble rollover distributions) will be treated as wages for with- have tax withheld on payments you receive unless they holding purposes. Periodic payments are amounts paid at are eligible rollover distributions. (These are distributions, regular intervals (such as weekly, monthly, or yearly) for a described later under Rollovers, that are eligible for roll- period of time greater than 1 year (such as for 15 years or over treatment but aren't paid directly to another qualified for life). You should give the payer a completed withhold- retirement plan or to a traditional IRA.) If you choose not to ing certificate (Form W-4P or a similar form provided by have tax withheld or if you don't have enough tax withheld, the payer). If you don't, tax will be withheld as if you were you may have to make estimated tax payments. See Esti- married and claiming three withholding allowances. mated tax, later. Tax will be withheld as if you were single and were claiming no withholding allowances if: The withholding rules apply to the taxable part of pay- ments you receive from: • You don't give the payer your SSN (in the required manner), or • An employer pension, annuity, profit-sharing, or stock bonus plan; • The IRS notifies the payer (before any payment is made) that you gave an incorrect SSN. • Any other deferred compensation plan; You must file a new withholding certificate to change • A traditional IRA; or the amount of withholding. • A commercial annuity. Nonperiodic distributions. Unless you choose no with- For this purpose, a commercial annuity means an annuity, holding, the withholding rate for a nonperiodic distribution endowment, or life insurance contract issued by an insur- (a payment other than a periodic payment) that isn't an eli- ance company. gible rollover distribution is 10% of the distribution. You There will be no withholding on any part of a dis- can also ask the payer to withhold an additional amount TIP tribution where it is reasonable to believe that it using Form W-4R. The part of any loan treated as a distri- won't be includible in gross income. bution (except an offset amount to repay the loan), ex- plained later, is subject to withholding under this rule. Page 10 Publication 575 (2022) |
Page 11 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Eligible rollover distribution. If you receive an eligible 1. Any refunded premiums, rebates, dividends, or unre- rollover distribution, 20% of it will generally be withheld for paid loans that weren't included in your income and income tax. You can't choose not to have tax withheld that you received by the later of the annuity starting from an eligible rollover distribution. However, tax won't be date or the date on which you received your first pay- withheld if you have the plan administrator pay the eligible ment. rollover distribution directly to another qualified plan or an 2. Any other tax-free amounts you received under the IRA in a direct rollover. For more information about eligible contract or plan by the later of the dates in (1). rollover distributions, see Rollovers, later. 3. If you must use the Simplified Method for your annuity Estimated tax. Your estimated tax is the total of your ex- payments, the tax-free part of any single-sum pay- pected income tax, self-employment tax, and certain other ment received in connection with the start of the an- taxes for the year, minus your expected credits and with- nuity payments, regardless of when you received it. held tax. Generally, you must make estimated tax pay- (See Simplified Method, later, for information on its re- ments for 2023 if you expect to owe at least $1,000 in tax quired use.) (after subtracting your withholding and credits) and you expect your withholding and credits to be less than the 4. If you use the General Rule for your annuity pay- smaller of: ments, the value of the refund feature in your annuity contract. (See General Rule, later, for information on 1. 90% of the tax to be shown on your 2023 return, or its use.) Your annuity contract has a refund feature if 2. 100% of the tax shown on your 2022 return. the annuity payments are for your life (or the lives of you and your survivor) and payments in the nature of If your adjusted gross income for 2022 was more than a refund of the annuity's cost will be made to your $150,000 ($75,000 if your filing status for 2023 is married beneficiary or estate if all annuitants die before a sta- filing separately), substitute 110% for 100% in (2) above. ted amount or a stated number of payments are For more information, see Pub. 505, Tax Withholding and made. For more information, see Pub. 939. Estimated Tax. The tax treatment of the items described in (1) through (3) In figuring your withholding or estimated tax, re- is discussed later under Taxation of Nonperiodic Pay- TIP member that a part of your monthly social security ments. or equivalent tier 1 railroad retirement benefits may be taxable. See Pub. 915. You can choose to have Form 1099-R. If you began receiving periodic income tax withheld from those benefits. Use Form W-4V TIP payments of a life annuity in 2022, the payer to make this choice. should show your total contributions to the plan in box 9b of your 2022 Form 1099-R. Annuity starting date defined. Your annuity starting Cost (Investment in the date is the later of the first day of the first period for which you received a payment or the date the plan's obligations Contract) became fixed. Distributions from your pension or annuity plan may in- Example. On January 1, you completed all your pay- clude amounts treated as a recovery of your cost (invest- ments required under an annuity contract providing for ment in the contract). If any part of a distribution is treated monthly payments starting on August 1 for the period be- as a recovery of your cost under the rules explained in this ginning July 1. The annuity starting date is July 1. This is publication, that part is tax free. Therefore, the first step in the date you use in figuring the cost of the contract and figuring how much of a distribution is taxable is to deter- selecting the appropriate number from Table 1 for line 3 of mine the cost of your pension or annuity. the Simplified Method Worksheet. In general, your cost is your net investment in the con- Designated Roth accounts. Your cost in these ac- tract as of the annuity starting date (or the date of the dis- counts is your designated Roth contributions that were in- tribution if earlier). To find this amount, you must first fig- cluded in your income as wages subject to applicable ure the total premiums, contributions, or other amounts withholding requirements. Your cost will also include any you paid. This includes the amounts your employer con- in-plan Roth rollovers you included in income. tributed that were taxable to you when paid. However, see Foreign employment contributions, later. It doesn't include Foreign employment contributions. If you worked amounts withheld from your pay on a tax-deferred basis abroad, your cost may include contributions by your em- (money that was taken out of your gross pay before taxes ployer to the retirement plan, but only if those contribu- were deducted). It also doesn't include amounts you con- tions would be excludable from your gross income had tributed for health and accident benefits (including any ad- they been paid directly to you as compensation. The con- ditional premiums paid for double indemnity or disability tributions that apply are: benefits). 1. Contributions before 1963 by your employer, From this total cost you must subtract the following amounts. Publication 575 (2022) Page 11 |
Page 12 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. Contributions after 1962 by your employer if the con- Period of participation. The 5-tax-year period of par- tributions would be excludable from your gross in- ticipation is the 5-tax-year period beginning with the first come (not including the foreign earned income exclu- tax year for which the participant made a designated Roth sion) had they been paid directly to you, or contribution to the plan. Therefore, for designated Roth contributions made for 2022, the first year for which a 3. Contributions after 1996 by your employer if you per- qualified distribution can be made is 2027. formed the services of a foreign missionary (a duly or- However, if a direct rollover is made to the plan from a dained, commissioned, or licensed minister of a designated Roth account under another plan, the church or a lay person) but only if the contributions 5-tax-year period for the recipient plan begins with the first would be excludable from your gross income had they tax year for which the participant first had designated Roth been paid directly to you. contributions made to the other plan. Foreign employment contributions while a nonres- Your 401(k), 403(b), or 457(b) plan may permit you to ident alien. In determining your cost, special rules apply roll over amounts from those plans to a designated Roth if you are a U.S. citizen or resident alien who received dis- account within the same plan. This is known as an in-plan tributions in 2022 from a plan to which contributions were Roth rollover. For more details, see In-plan Roth rollovers, made while you were a nonresident alien. Your contribu- later. tions and your employer's contributions aren't included in your cost if the contribution: Fully Taxable Payments • Was made based on compensation which was for services performed outside the United States while The pension or annuity payments that you receive are fully you were a nonresident alien; and taxable if you have no cost in the contract because any of the following situations applies to you. However, see In- • Wasn't subject to income tax under the laws of the surance Premiums for Retired Public Safety Officers, ear- United States or any foreign country, but only if the lier. contribution would have been subject to income tax if paid as cash compensation when the services were • You didn't pay anything or aren't considered to have performed. paid anything for your pension or annuity. Amounts withheld from your pay on a tax-deferred basis aren't considered part of the cost of the pension or annuity payment. Taxation of Periodic Payments • Your employer didn't withhold contributions from your This section explains how the periodic payments you re- salary. ceive from a pension or annuity plan are taxed. Periodic • You got back all of your contributions tax free in prior payments are amounts paid at regular intervals (such as years. However, see Exclusion not limited to cost un- weekly, monthly, or yearly) for a period of time greater der Partly Taxable Payments, later. than 1 year (such as for 15 years or for life). These pay- ments are also known as amounts received as an annuity. Report the total amount you received on Form 1040, If you receive an amount from your plan that isn't a peri- 1040-SR, or 1040-NR, line 5b. You should make no entry odic payment, see Taxation of Nonperiodic Payments, on Form 1040, 1040-SR, or 1040-NR, line 5a. later. Deductible voluntary employee contributions. Distri- In general, you can recover the cost of your pension or butions you receive that are based on your accumulated annuity tax free over the period you are to receive the pay- deductible voluntary employee contributions are generally ments. The amount of each payment that is more than the fully taxable in the year distributed to you. Accumulated part that represents your cost is taxable. However, see In- deductible voluntary employee contributions include net surance Premiums for Retired Public Safety Officers, ear- earnings on the contributions. If distributed as part of a lier. lump sum, they don't qualify for the 10-year tax option or capital gain treatment, explained later. Designated Roth accounts. If you receive a qualified distribution from a designated Roth account, the distribu- tion isn't included in your gross income. This applies to Partly Taxable Payments both your cost in the account and income earned on that If you have a cost to recover from your pension or annuity account. A qualified distribution is generally a distribu- plan (see Cost (Investment in the Contract), earlier), you tion that is: can exclude part of each annuity payment from income as • Made after a 5-tax-year period of participation; and a recovery of your cost. This tax-free part of the payment • Made on or after the date you reach age 59 / , made 1 2 is figured when your annuity starts and remains the same to a beneficiary or your estate on or after your death, each year even if the amount of the payment changes. or attributable to your being disabled. The rest of each payment is taxable. However, see Insur- ance Premiums for Retired Public Safety Officers, earlier. If the distribution isn't a qualified distribution, the rules discussed in this section apply. The designated Roth account is treated as a separate contract. Page 12 Publication 575 (2022) |
Page 13 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You figure the tax-free part of the payment using one of deduction for your unrecovered cost of $2,400 ($12,000 – the following methods. $9,600) can be taken on your final return. • Simplified Method. You must generally use this Exclusion not limited to cost. If your annuity starting method if your annuity is paid under a qualified plan (a date is before 1987, you can continue to take your qualified employee plan a qualified employee annuity, , monthly exclusion for as long as you receive your annuity. or a tax-sheltered annuity plan or contract). You can't If you chose a joint and survivor annuity, your survivor can use this method if your annuity is paid under a non- continue to take the survivor's exclusion figured as of the qualified plan. annuity starting date. The total exclusion may be more • General Rule. You must use this method if your an- than your cost. nuity is paid under a nonqualified plan. Generally, you can't use this method if your annuity is paid under a Simplified Method qualified plan. However, see Qualified plan annuity starting before November 19, 1996, later, for excep- Under the Simplified Method, you figure the tax-free part tions to this rule. of each annuity payment by dividing your cost by the total number of anticipated monthly payments. For an annuity You determine which method to use when you first begin that is payable for the lives of the annuitants, this number receiving your annuity, and you continue using it each is based on the annuitants' ages on the annuity starting year that you recover part of your cost. date and is determined from a table. For any other annu- ity, this number is the number of monthly annuity pay- If you had more than one partly taxable pension or an- ments under the contract. nuity, figure the tax-free part and the taxable part of each separately. Who must use the Simplified Method. You must use the Simplified Method if your annuity starting date is after Qualified plan annuity starting before November 19, November 18, 1996, and you meet both of the following 1996. If your annuity is paid under a qualified plan and conditions. your annuity starting date (defined earlier under Cost (In- vestment in the Contract)) is after July 1, 1986, and before 1. You receive your pension or annuity payments from November 19, 1996, you could have chosen to use either any of the following plans. the Simplified Method or the General Rule. If your annuity starting date is before July 2, 1986, you use the General a. A qualified employee plan. Rule unless your annuity qualified for the 3-year Rule. If b. A qualified employee annuity. you used the 3-year Rule (which was repealed for annui- ties starting after July 1, 1986), your annuity payments are c. A tax-sheltered annuity plan (403(b) plan). generally now fully taxable. 2. On your annuity starting date, at least one of the fol- lowing conditions applies to you. Exclusion limit. Your annuity starting date determines the total amount of annuity payments that you can exclude a. You are under age 75. from income over the years. Once your annuity starting b. You are entitled to less than 5 years of guaranteed date is determined, it doesn't change. If you calculate the payments. taxable portion of your annuity payments using the Simpli- fied Method Worksheet, the annuity starting date deter- Guaranteed payments. Your annuity contract pro- mines the recovery period for your cost. That recovery pe- vides guaranteed payments if a minimum number of pay- riod begins on your annuity starting date and isn't affected ments or a minimum amount (for example, the amount of by the date you first complete the worksheet. your investment) is payable even if you and any survivor annuitant don't live to receive the minimum. If the mini- Exclusion limited to cost. If your annuity starting mum amount is less than the total amount of the pay- date is after 1986, the total amount of annuity income that ments you are to receive, barring death, during the first 5 you can exclude over the years as a recovery of the cost years after payments begin (figured by ignoring any pay- can't exceed your total cost. Any unrecovered cost at your ment increases), you are entitled to less than 5 years of (or the last annuitant's) death is allowed as an itemized guaranteed payments. deduction on the final return of the decedent. Annuity starting before November 19, 1996. If your Example 1. Your annuity starting date is after 1986, annuity starting date is after July 1, 1986, and before No- and you exclude $100 a month ($1,200 a year) under the vember 19, 1996, and you chose to use the Simplified Simplified Method. The total cost of your annuity is Method, you must continue to use it each year that you re- $12,000. Your exclusion ends when you have recovered cover part of your cost. You could have chosen to use the your cost tax free, that is, after 10 years (120 months). Af- Simplified Method if your annuity is payable for your life ter that, your annuity payments are generally fully taxable. (or the lives of you and your survivor annuitant) and you met both of the conditions listed earlier under Who must Example 2. The facts are the same as in Example 1, use the Simplified Method. except you die (with no surviving annuitant) after the eighth year of retirement. You have recovered tax free only $9,600 (8 × $1,200) of your cost. An itemized Publication 575 (2022) Page 13 |
Page 14 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Who can't use the Simplified Method. You can't use Line 6. The amount on line 6 should include all the Simplified Method if you receive your pension or annu- amounts that could have been recovered in prior years. If ity from a nonqualified plan or otherwise don't meet the you didn't recover an amount in a prior year, you may be conditions described in the preceding discussion. See able to amend your returns for the affected years. General Rule, later. Example. Bill Smith, age 65, began receiving retire- How to use the Simplified Method. Complete Work- ment benefits in 2022 under a joint and survivor annuity. sheet A near the end of this publication to figure your taxa- Bill's annuity starting date is January 1, 2022. The benefits ble annuity for 2022. Be sure to keep the completed work- are to be paid for the joint lives of Bill and his spouse, age sheet; it will help you figure your taxable annuity next year. 65. Bill had contributed $31,000 to a qualified plan and To complete line 3 of the worksheet, you must deter- had received no distributions before the annuity starting mine the total number of expected monthly payments for date. Bill is to receive a retirement benefit of $1,200 a your annuity. How you do this depends on whether the an- month, and his spouse is to receive a monthly survivor nuity is for a single life, multiple lives, or a fixed period. For benefit of $600 upon Bill's death. this purpose, treat an annuity that is payable over the life Bill must use the Simplified Method to figure his taxable of an annuitant as payable for that annuitant's life even if annuity because his payments are from a qualified plan the annuity has a fixed-period feature or also provides a and he is under age 75. Because his annuity is payable temporary annuity payable to the annuitant's child under over the lives of more than one annuitant, he uses his and age 25. his spouse's combined ages and Table 2 at the bottom of Worksheet A in completing line 3 of the worksheet. His You don't need to complete line 3 of the work- completed worksheet is shown later. TIP sheet or make the computation on line 4 if you re- Bill's tax-free monthly amount is $100 ($31,000 ÷ 310) ceived annuity payments last year and used last as shown on line 4 of the worksheet. Upon Bill's death, if year's worksheet to figure your taxable annuity. Instead, Bill hasn't recovered the full $31,000 investment, his enter the amount from line 4 of last year's worksheet on spouse will also exclude $100 from her $600 monthly pay- line 4 of this year's worksheet. ment. The full amount of any annuity payments received Single-life annuity. If your annuity is payable for your after 310 payments are paid must be included in gross in- life alone, use Table 1 at the bottom of the worksheet to come. determine the total number of expected monthly pay- If Bill and his spouse die before 310 payments are ments. Enter on line 3 the number shown for your age on made, an itemized deduction will be allowed for the unrec- your annuity starting date. This number will differ depend- overed cost on the final income tax return of the last to ing on whether your annuity starting date is before No- die. vember 19, 1996, or after November 18, 1996. Multiple annuitants. If you and one or more other annui- Multiple-lives annuity. If your annuity is payable for tants receive payments at the same time, you exclude the lives of more than one annuitant, use Table 2 at the from each annuity payment a pro rata share of the bottom of the worksheet to determine the total number of monthly tax-free amount. Figure your share by taking the expected monthly payments. Enter on line 3 the number following steps. shown for the annuitants' combined ages on the annuity 1. Complete your worksheet through line 4 to figure the starting date. For an annuity payable to you as the primary monthly tax-free amount. annuitant and to more than one survivor annuitant, com- bine your age and the age of the youngest survivor annui- 2. Divide the amount of your monthly payment by the to- tant. For an annuity that has no primary annuitant and is tal amount of the monthly payments to all annuitants. payable to you and others as survivor annuitants, combine 3. Multiply the amount on line 4 of your worksheet by the the ages of the oldest and youngest annuitants. Don't treat amount figured in (2) above. The result is your share as a survivor annuitant anyone whose entitlement to pay- of the monthly tax-free amount. ments depends on an event other than the primary annui- tant's death. Replace the amount on line 4 of the worksheet with the However, if your annuity starting date is before 1998, result in (3) above. Enter that amount on line 4 of your don't use Table 2 and don't combine the annuitants' ages. worksheet each year. Instead, you must use Table 1 at the bottom of the work- sheet and enter on line 3 the number shown for the pri- General Rule mary annuitant's age on the annuity starting date. This number will differ depending on whether your annuity Under the General Rule, you determine the tax-free part of starting date is before November 19, 1996, or after No- each annuity payment based on the ratio of the cost of the vember 18, 1996. contract to the total expected return. Expected return is the total amount you and other eligible annuitants can ex- Fixed-period annuity. If your annuity doesn't depend pect to receive under the contract. To figure it, you must in whole or in part on anyone's life expectancy, the total use life expectancy (actuarial) tables prescribed by the number of expected monthly payments to enter on line 3 IRS. of the worksheet is the number of monthly annuity pay- ments under the contract. Page 14 Publication 575 (2022) |
Page 15 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet A. Simplified Method Worksheet for Bill Smith Keep for Your Records 1. Enter the total pension or annuity payments received this year. Also, add this amount to the total for Form 1040, 1040-SR, or 1040-NR, line 5a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. $ 14,400 2. Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion.* See Cost (Investment in the Contract), earlier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 31,000 Note: If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below (even if the amount of your pension or annuity has changed). Otherwise, go to line 3. 3. Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 310 4. Divide line 2 by the number on line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 100 5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise, go to line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 1,200 6. Enter any amount previously recovered tax free in years after 1986. This is the amount shown on line 10 of your worksheet for last year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. -0- 7. Subtract line 6 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 31,000 8. Enter the smaller of line 5 or line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 1,200 9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, 1040-SR, or 1040-NR, line 5b. Note: If your Form 1099-R shows a larger taxable amount, use the amount figured on this line instead. If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety Officers before entering an amount on your tax return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. $ 13,200 10. Was your annuity starting date before 1987? Yes. STOP. Don't complete the rest of this worksheet. No. Add lines 6 and 8. This is the amount you have recovered tax free through 2022. You will need this number if you need to fill out this worksheet next year . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 1,200 11. Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you won't have to complete this worksheet next year. The payments you receive next year will generally be fully taxable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. $ 29,800 * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996. Table 1 for Line 3 Above AND your annuity starting date was— IF the age at annuity BEFORE November 19, AFTER November 18, starting date was... 1996, enter on line 3... 1996, enter on line 3... 55 or under 300 360 56–60 260 310 61–65 240 260 66–70 170 210 71 or older 120 160 Table 2 for Line 3 Above IF the combined ages at THEN enter annuity starting date were... on line 3... 110 or under 410 111–120 360 121–130 310 131–140 260 141 or older 210 Publication 575 (2022) Page 15 |
Page 16 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Who must use the General Rule. You must use the the excess is taxable to you. To correct an excess, your General Rule if you receive pension or annuity payments plan may distribute it to you (along with any income from a: earned on the excess). Although the plan reports the cor- rective distributions on Form 1099-R, the distribution isn't • Nonqualified plan (such as a private annuity, a pur- treated as a nonperiodic distribution from the plan. It isn't chased commercial annuity, or a nonqualified em- subject to the allocation rules explained in the following ployee plan), or discussion, it can't be rolled over into another plan, and it • Qualified plan if you are age 75 or older on your annu- isn't subject to the additional tax on early distributions. ity starting date and your annuity payments are guar- If your retirement plan made a corrective distribu- anteed for at least 5 years. TIP tion of excess amounts (excess deferrals, excess Annuity starting before November 19, 1996. If your contributions, or excess annual additions), your annuity starting date is after July 1, 1986, and before No- Form 1099-R should have the code “8,” “B,” “P,” or “E” in vember 19, 1996, you had to use the General Rule for ei- box 7. ther circumstance just described. You also had to use it For information on plan contribution limits and how to for any fixed-period annuity. If you didn't have to use the report corrective distributions of excess contributions, see General Rule, you could have chosen to use it. If your an- Retirement Plan Contributions under Employee Compen- nuity starting date is before July 2, 1986, you had to use sation in Pub. 525. the General Rule unless you could use the 3-year Rule. If you had to use the General Rule (or chose to use it), you must continue to use it each year that you recover Figuring the Taxable Amount your cost. How you figure the taxable amount of a nonperiodic distri- Who can't use the General Rule. You can't use the bution depends on whether it is made before the annuity General Rule if you receive your pension or annuity from a starting date, or on or after the annuity starting date. If it is qualified plan and none of the circumstances described in made before the annuity starting date, its tax treatment the preceding discussions apply to you. See Simplified also depends on whether it is made under a qualified or Method, earlier. nonqualified plan. If it is made under a nonqualified plan, its tax treatment depends on whether it fully discharges More information. For complete information on using the contract, is received under certain life insurance or en- the General Rule, including the actuarial tables you need, dowment contracts, or is allocable to an investment you see Pub. 939. made before August 14, 1982. You may be able to roll over the taxable amount TIP of a nonperiodic distribution from a qualified re- Taxation of Nonperiodic tirement plan into another qualified retirement plan or a traditional IRA tax free. See Rollovers, later. If Payments you don't make a tax-free rollover and the distribution qualifies as a lump-sum distribution, you may be able to This section of the publication explains how any nonperi- elect an optional method of figuring the tax on the taxable odic distributions you receive under a pension or annuity amount. See Lump-Sum Distributions, later. plan are taxed. Nonperiodic distributions are also known as amounts not received as an annuity. They include all Annuity starting date. The annuity starting date is either payments other than periodic payments and corrective the first day of the first period for which you receive an an- distributions. nuity payment under the contract or the date on which the For example, the following items are treated as non- obligation under the contract becomes fixed, whichever is periodic distributions. later. • Cash withdrawals. Distributions of employer securities. If you receive a • Distributions of current earnings (dividends) on your distribution of employer securities from a qualified retire- investment. However, don't include these distributions ment plan, you may be able to defer the tax on the net un- in your income to the extent the insurer keeps them to realized appreciation (NUA) in the securities. The NUA is pay premiums or other consideration for the contract. the net increase in the securities' value while they were in the trust. This tax deferral applies to distributions of the • Certain loans. See Loans Treated as Distributions, employer corporation's stocks, bonds, registered deben- later. tures, and debentures with interest coupons attached. • The value of annuity contracts transferred without full If the distribution is a lump-sum distribution, tax is de- and adequate consideration. See Transfers of Annuity ferred on all of the NUA unless you choose to include it in Contracts, later. your income for the year of the distribution. A lump-sum distribution for this purpose is the distribu- Corrective distributions of excess plan contribu- tion or payment of a plan participant's entire balance tions. Generally, if the contributions made for you during the year to certain retirement plans exceed certain limits, Page 16 Publication 575 (2022) |
Page 17 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. (within a single tax year) from all of the employer's quali- a nonperiodic distribution, you can exclude part of the fied plans of one kind (pension, profit-sharing, or stock bo- nonperiodic distribution from gross income. The part you nus plans), but only if paid: can exclude is equal to your cost in the contract reduced by any tax-free amounts you previously received under • Because of the plan participant's death; the contract, multiplied by a fraction. The numerator is the • After the participant reaches age 59 / ;1 2 reduction in each annuity payment because of the non- • Because the participant, if an employee, separates periodic distribution. The denominator is the full unre- from service; or duced amount of each annuity payment originally provi- ded for. • After the participant, if a self-employed individual, be- comes totally and permanently disabled. Single-sum in connection with the start of annuity If you choose to include NUA in your income for payments. If you receive a single-sum payment on or af- TIP the year of the distribution and the participant was ter your annuity starting date in connection with the start of born before January 2, 1936, you may be able to annuity payments for which you must use the Simplified figure the tax on the NUA using the optional methods de- Method, treat the single-sum payment as if it were re- scribed under Lump-Sum Distributions, later. ceived before your annuity starting date. (See Simplified Method under Taxation of Periodic Payments, earlier, for If the distribution isn't a lump-sum distribution, tax is de- information on its required use.) Follow the rules dis- ferred only on the NUA resulting from employee contribu- cussed under Distribution Before Annuity Starting Date tions other than deductible voluntary employee contribu- From a Qualified Plan, later. tions. The NUA on which tax is deferred should be shown in Distribution in full discharge of contract. You may re- box 6 of the Form 1099-R you receive from the payer of ceive an amount on or after the annuity starting date that the distribution. fully satisfies the payer's obligation under the contract. When you sell or exchange employer securities with The amount may be a refund of what you paid for the con- tax-deferred NUA, any gain is long-term capital gain up to tract or for the complete surrender, redemption, or matur- the amount of the NUA that isn’t included in your basis in ity of the contract. Include the amount in gross income the employer securities. Any gain that is more than the only to the extent that it exceeds the remaining cost of the NUA is long-term or short-term gain, depending on how contract. long you held the securities after the distribution. Your basis in the employer securities is the total of the Distribution Before Annuity Starting Date following amounts. From a Qualified Plan • Your contributions to the plan that are attributable to the securities. If you receive a nonperiodic distribution before the annuity starting date from a qualified retirement plan, you can • Your employer's contributions that were taxed as ordi- generally allocate only part of it to the cost of the contract. nary income in the year the securities were distrib- You exclude from your gross income the part that you allo- uted. cate to the cost. You include the remainder in your gross • Your NUA in the securities that is attributable to em- income. ployer contributions and taxed as ordinary income in the year the securities were distributed. For this purpose, a qualified retirement plan is a: • Qualified employee plan (or annuity contract pur- How to report. Enter the total amount of a nonperiodic chased by such a plan), distribution on Form 1040, 1040-SR, or 1040-NR, line 5a. Enter the taxable amount of the distribution on Form 1040, • Qualified employee annuity plan, or 1040-SR, or 1040-NR, line 5b. However, if you make a • Tax-sheltered annuity plan (403(b) plan). tax-free rollover or elect an optional method of figuring the tax on a lump-sum distribution, see How to report in the Use the following formula to figure the tax-free amount discussions of those tax treatments, later. of the distribution. Distribution On or After Annuity Starting Date Cost of contract Tax-free Amount x = If you receive a nonperiodic payment from your annuity received Account balance amount contract on or after the annuity starting date, you must generally include all of the payment in gross income. For For this purpose, your account balance includes only example, a cost-of-living increase in your pension after amounts to which you have a nonforfeitable right (a right the annuity starting date is an amount not received as an that can't be taken away). annuity and, as such, is fully taxable. Example. Ann Brown received a $50,000 distribution Reduction in subsequent payments. If the annuity from her retirement plan before her annuity starting date. payments you receive are reduced because you received She had $10,000 invested (cost) in the plan. Her account Publication 575 (2022) Page 17 |
Page 18 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. balance was $100,000. She can exclude $5,000 of the the issuer. You include in your gross income the smaller $50,000 distribution, figured as follows: of: • The nonperiodic distribution, or $10,000 • The amount by which the cash value of the contract $50,000 x = $5,000 (figured without considering any surrender charge) im- $100,000 mediately before you receive the distribution exceeds your investment in the contract at that time. Defined contribution plan. A defined contribution plan is a plan in which you have an individual account. Your Example. You bought an annuity from an insurance benefits are based only on the amount contributed to the company. Before the annuity starting date under your an- account and the income, gains or losses, etc., which may nuity contract, you received a $7,000 distribution. At the be allocated to that account. Under a defined contribution time of the distribution, the annuity had a cash value of plan, your contributions (and income allocable to those $16,000 and your investment in the contract was $10,000. contributions) may be treated as a separate contract for The distribution is allocated first to earnings, so you must figuring the taxable part of any distribution. The employer include $6,000 ($16,000 − $10,000) in your gross income. contributions (and income allocable to those contribu- The remaining $1,000 ($7,000 − $6,000) is a tax-free re- tions) wouldn't be considered part of that separate con- turn of part of your investment. tract. Exception to allocation rule. Certain nonperiodic distri- Example. Ryan participates in a defined contribution butions received before the annuity starting date aren't plan that treats employee contributions and earnings allo- subject to the allocation rule in the preceding discussion. cable to them as a separate contract. He received a Instead, you include the amount of the payment in gross non-annuity distribution of $5,000 before his annuity start- income only to the extent that it exceeds the cost of the ing date. He had made after-tax contributions of $10,000. contract. The earnings allocable to his contributions were $2,500. This exception applies to the following distributions. His employer also contributed $10,000. The earnings allo- cable to the employer contributions were $2,500. • Distributions in full discharge of a contract that you re- ceive as a refund of what you paid for the contract or To determine the tax-free amount of Ryan's distribu- for the complete surrender, redemption, or maturity of tion, use the same formula shown earlier. However, be- the contract. cause employee contributions are treated as a separate contract, the account balance would be the total of Ryan's • Distributions from life insurance or endowment con- contributions and allocable earnings. tracts (other than modified endowment contracts, as Thus, the tax-free amount would be $5,000 × ($10,000 defined in section 7702A of the Internal Revenue ÷ $12,500) = $4,000. The taxable amount would be Code) that aren't received as an annuity under the $1,000 ($5,000 − $4,000). contracts. If the employee contributions weren't treated as a sepa- Distributions under contracts entered into before Au- • rate contract, the tax-free amount would be $2,000 gust 14, 1982, to the extent that they are allocable to ($5,000 × ($10,000 ÷ $25,000)) and the taxable amount your investment before August 14, 1982. would be $3,000 ($5,000 − $2,000). If you bought an annuity contract before August 14, Plans that permitted withdrawal of employee contri- 1982, and made investments both before and after August butions. If you contributed before 1987 to a pension plan 14, 1982, the distributed amounts are allocated to your in- that, as of May 5, 1986, permitted you to withdraw your vestment or to earnings in the following order. contributions before your separation from service, any dis- 1. The part of your investment that was made before Au- tribution before your annuity starting date is tax free to the gust 14, 1982. This part of the distribution is tax free. extent that it, when added to earlier distributions received after 1986, doesn't exceed your cost as of December 31, 2. The earnings on the part of your investment that was 1986. Apply the allocation described in the preceding dis- made before August 14, 1982. This part of the distri- cussion only to any excess distribution. bution is taxable. 3. The earnings on the part of your investment that was Distribution Before Annuity Starting Date made after August 13, 1982. This part of the distribu- From a Nonqualified Plan tion is taxable. If you receive a nonperiodic distribution before the annuity 4. The part of your investment that was made after Au- starting date from a plan other than a qualified retirement gust 13, 1982. This part of the distribution is tax free. plan (nonqualified plan), it is allocated first to earnings (the The taxable portion of distributions from nonquali- taxable part) and then to the cost of the contract (the ! fied plans is subject to the net investment income tax-free part). This allocation rule applies, for example, to CAUTION tax. See the Instructions for Form 8960. a commercial annuity contract you bought directly from Distribution of U.S. savings bonds. If you receive U.S. savings bonds in a taxable distribution from a retirement Page 18 Publication 575 (2022) |
Page 19 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. or profit-sharing plan, report the value of the bonds at the on the date you took out the new loan. If this amount is time of distribution as income. The value of the bonds in- zero or less, ignore it. cludes accrued interest. When you cash the bonds, your Substantially level payments. To qualify for the ex- Form 1099-INT will show the total interest accrued, includ- ception to the loan-as-distribution rule, the loan must re- ing the part you reported when the bonds were distributed quire substantially level payments at least quarterly over to you. For information on how to adjust your interest in- the life of the loan. If the loan is from a designated Roth come for U.S. savings bond interest you previously repor- account, the payments must be satisfied separately for ted, see How To Report Interest Income in chapter 1 of that part of the loan and for the part of the loan from other Pub. 550, Investment Income and Expenses. accounts under the plan. This level payment requirement doesn't apply to the period in which you are on a leave of Loans Treated as Distributions absence without pay or with a rate of pay that is less than the required installment. Generally, this leave of absence If you borrow money from your retirement plan, you must must not be longer than 1 year. You must repay the loan treat the loan as a nonperiodic distribution from the plan within 5 years from the date of the loan (unless the loan unless it qualifies for the exception to this loan-as-distribu- was used to acquire your main home). Your installment tion rule explained later. This treatment also applies to any payments after the leave ends must not be less than your loan under a contract purchased under your retirement original payments. plan, and to the value of any part of your interest in the However, if your plan suspends your loan payments for plan or contract that you pledge or assign (or agree to any part of the period during which you are in the uni- pledge or assign). It applies to loans from both qualified formed services, you won't be treated as having received and nonqualified plans, including commercial annuity con- a distribution even if the suspension is for more than 1 tracts you purchase directly from the issuer. Further, it ap- year and the term of the loan is extended. The loan pay- plies if you renegotiate, extend, renew, or revise a loan ments must resume upon completion of such period and that qualified for the exception below if the altered loan the loan must be repaid in substantially level installments doesn't qualify. In that situation, you must treat the out- within 5 years from the date of the loan (unless the loan standing balance of the loan as a distribution on the date was used to acquire your main home) plus the period of of the transaction. suspension. You determine how much of the loan is taxable using Example 1. On May 1, 2022, you borrowed $40,000 the allocation rules for nonperiodic distributions discussed from your retirement plan. The loan was to be repaid in under Figuring the Taxable Amount, earlier. The taxable level monthly installments over 5 years. The loan wasn't part may be subject to the additional tax on early distribu- used to acquire your main home. You make nine monthly tions. It isn't an eligible rollover distribution and doesn't payments and start an unpaid leave of absence that lasts qualify for the 10-year tax option. for 12 months. You weren't in the uniformed services dur- ing this period. After the leave period ends and you re- Exception for qualified plan, 403(b) plan, and gov- sume active employment, you resume making repay- ernmental plan loans. At least part of certain loans un- ments on the loan. You must repay this loan by April 30, der a qualified employee plan, qualified employee annuity, 2027 (5 years from the date of this loan). You can in- tax-sheltered annuity (403(b) plan), or governmental plan crease your monthly installments or you can make the isn't treated as a distribution from the plan. This exception original monthly installments and on April 30, 2027, pay to the loan-as-distribution rule applies only to a loan that the balance. either: • Is used to acquire your main home, or Example 2. The facts are the same as in Example 1, except that you are on a leave of absence performing • Must be repaid within 5 years. service in the uniformed services for 2 years. The loan If a loan qualifies for this exception, you must treat it as payments were suspended for that period. You must re- a nonperiodic distribution only to the extent that the loan, sume making loan payments at the end of that period and when added to the outstanding balances of all your loans the loan must be repaid by April 30, 2029 (5 years from from all plans of your employer (and certain related em- the date of the loan plus the period of suspension, which ployers, defined later), exceeds the lesser of: is 2 years in this example). • $50,000; or Related employers and related plans. In determin- ing loan balances for purposes of applying the exception • Half the present value (but not less than $10,000) of to the loan-as-distribution rule, you must add the balances your nonforfeitable accrued benefit under the plan, of all your loans from all plans of your employer and from determined without regard to any accumulated deduc- all plans of your employers who are treated as a single tible employee contributions. employer. Treat separate employers' plans as plans of a You must reduce the $50,000 amount if you already single employer if they are treated that way under other had an outstanding loan from the plan during the 1-year qualified retirement plan rules because the employers are period ending the day before you took out the loan. The related. amount of the reduction is your highest outstanding loan balance during that period minus the outstanding balance Publication 575 (2022) Page 19 |
Page 20 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Employers are related if they are: This rule doesn't apply to transfers between spouses or • Members of a controlled group of corporations, transfers between former spouses incident to a divorce. • Businesses under common control, or Tax-free exchange. No gain or loss is recognized on an exchange of an annuity contract for another annuity con- • Members of an affiliated service group. tract if the insured or annuitant remains the same. How- An affiliated service group is generally two or more ever, if an annuity contract is exchanged for a life insur- service organizations whose relationship involves an own- ance or endowment contract, any gain due to interest ership connection. Their relationship also includes the accumulated on the contract is ordinary income. regular or significant performance of services by one or- ganization for or in association with another. If you transfer a full or partial interest in a tax-sheltered annuity that isn't subject to restrictions on early distribu- Denial of interest deduction. If the loan from a quali- tions to another tax-sheltered annuity, the transfer quali- fied plan isn't treated as a distribution because the excep- fies for nonrecognition of gain or loss. tion applies, you can't deduct any of the interest on the loan during any period that: If you exchange an annuity contract issued by a life in- • The loan is secured by amounts from elective defer- surance company that is subject to a rehabilitation, con- rals under a qualified cash or deferred arrangement servatorship, or similar state proceeding for an annuity (section 401(k) plan) or a salary reduction agreement contract issued by another life insurance company, the to purchase a tax-sheltered annuity, or exchange qualifies for nonrecognition of gain or loss. The exchange is tax free even if the new contract is funded by • You are a key employee as defined in section 416(i) of two or more payments from the old annuity contract. This the Internal Revenue Code. also applies to an exchange of a life insurance contract for a life insurance, endowment, annuity, or qualified Reporting by plan. If your loan is treated as a distribu- long-term care insurance contract. tion (deemed distribution), you should receive a Form 1099-R showing code “L” in box 7. If your loan is treated If you transfer part of the cash surrender value of an ex- as a qualified plan loan offset, you should receive a Form isting annuity contract for a new annuity contract issued 1099-R showing code “M” in box 7. If your loan is not a by another insurance company, the transfer qualifies for qualified plan loan offset, no code will be reported on nonrecognition of gain or loss. The funds must be trans- Form 1099-R for the offset. ferred directly between the insurance companies. Your in- vestment in the original contract immediately before the Effect on investment in the contract. If your loan is exchange is allocated between the contracts based on the treated as a distribution, you must reduce your investment percentage of the cash surrender value allocated to each in the contract to the extent that the distribution is tax free contract. under the allocation rules for qualified plans, explained earlier. Repayments of the loan increase your investment Example. You own an annuity contract issued by ABC in the contract to the extent that the distribution is taxable Insurance. You assign 60% of the cash surrender value of under those rules. that contract to DEF Insurance to purchase an annuity If you receive a loan under a nonqualified plan other contract. The funds are transferred directly between the than a 403(b) plan, including a commercial annuity con- insurance companies. You don't recognize any gain or tract that you purchase directly from the issuer, you in- loss on the transaction. After the exchange, your invest- crease your investment in the contract to the extent that ment in the new contract is equal to 60% of your invest- the distribution is taxable under the general allocation rule ment in the old contract immediately before the exchange. for nonqualified plans, explained earlier. Repayments of Your investment in the old contract is equal to 40% of your the loan don't affect your investment in the contract. How- original investment in that contract. ever, if the distribution is excepted from the general allo- cation rule (for example, because it is made under a con- Tax-free transfers for certain cash distributions. If tract entered into before August 14, 1982), you reduce you receive cash from the surrender of one contract and your investment in the contract to the extent that the distri- invest the cash in another contract, you generally don't bution is tax free and increase it for loan repayments to have a tax-free transfer. However, you can elect to re- the extent that the distribution is taxable. ceive tax-free treatment for a cash distribution from an in- surance company that is subject to a rehabilitation, con- servatorship, insolvency, or similar state proceeding if all Transfers of Annuity Contracts of the following conditions are met. If you transfer without full and adequate consideration an • You withdraw all the cash to which you are entitled. annuity contract issued after April 22, 1987, you are trea- You reinvest the proceeds within 60 days in a single • ted as receiving a nonperiodic distribution. The distribu- contract issued by another insurance company. tion equals the excess of: • You assign all rights to any future distributions to the • The cash surrender value of the contract at the time of new issuer if the cash distribution is restricted by the transfer, over state proceeding to an amount that is less than re- • Your investment in the contract at that time. quired for full settlement. Page 20 Publication 575 (2022) |
Page 21 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • An exchange of these contracts would otherwise qual- deductible voluntary employee contributions allowed by ify as a tax-free transfer. the plan after 1981 and before 1987. You must give the new issuer a statement containing If you receive a lump-sum distribution from a qualified the following information. employee plan or qualified employee annuity and the plan • The amount of cash distributed under the old contract. participant was born before January 2, 1936, you may be able to elect optional methods of figuring the tax on the • The amount of cash reinvested in the new contract. distribution. The part from active participation in the plan • Your investment in the old contract on the date of the before 1974 may qualify as capital gain subject to a 20% initial distribution. tax rate. The part from participation after 1973 (and any You must also attach the following items to your timely part from participation before 1974 that you don't report as filed income tax return for the year of the initial distribution. capital gain) is ordinary income. You may be able to use the 10-year tax option, discussed later, to figure tax on the • A copy of the statement you gave to the new issuer. ordinary income part. • A statement that contains the words “ELECTION UN- Each individual, estate, or trust who receives part of a DER REV. PROC. 92-44,” the new issuer's name, and lump-sum distribution on behalf of a plan participant who the policy number or similar identifying information for was born before January 2, 1936, can choose whether to the new contract. elect the optional methods for the part each received. However, if two or more trusts receive the distribution, the Tax-free exchange reported on Form 1099-R. If you plan participant or the personal representative of a de- make a tax-free exchange of an annuity contract for an- ceased participant must make the choice. other annuity contract issued by a different company, the exchange will be shown on Form 1099-R with code “6” in Use Form 4972 to figure the separate tax on a box 7. You need not report this on your tax return. lump-sum distribution using the optional methods. The tax figured on Form 4972 is added to the regular tax figured Date of purchase of contract received in a tax-free on your other income. This may result in a smaller tax than exchange. If you acquire an annuity contract in a tax-free you would pay by including the taxable amount of the dis- exchange for another annuity contract, its date of pur- tribution as ordinary income in figuring your regular tax. chase is the date you purchased the annuity you ex- changed. This rule applies for determining if the annuity Alternate payee under qualified domestic relations qualifies for exemption from the tax on early distributions order. If you receive a distribution as an alternate payee as an immediate annuity. See Tax on Early Distributions, under a qualified domestic relations order (discussed ear- later. lier under General Information), you may be able to choose the optional tax computations for it. You can make Lump-Sum Distributions this choice for a distribution that would be treated as a lump-sum distribution had it been received by your This section on lump-sum distributions only ap- spouse or former spouse (the plan participant). However, TIP plies if the plan participant was born before Janu- for this purpose, the balance to your credit doesn't include ary 2, 1936. If the plan participant was born after any amount payable to the plan participant. January 1, 1936, the taxable amount of this nonperiodic If you choose an optional tax computation for a distribu- payment is reported as discussed earlier. tion received as an alternate payee, this choice won't af- fect any election for distributions from your own plan. A lump-sum distribution is the distribution or payment in 1 tax year of a plan participant's entire balance from all of More than one recipient. One or all of the recipients of the employer's qualified plans of one kind (for example, a lump-sum distribution can use the optional tax computa- pension, profit-sharing, or stock bonus plans). Addition- tions. See Multiple recipients of a lump-sum distribution in ally, a lump-sum distribution is a distribution that was paid: the Instructions for Form 4972. • Because of the plan participant's death; Reemployment. A separated employee's vested per- • After the participant reaches age 59 / ;1 2 centage in their retirement benefit may increase if they are rehired by the employer within 5 years following separa- • Because the participant, if an employee, separates tion from service. This possibility doesn't prevent a distri- from service; or bution made before reemployment from qualifying as a • After the participant, if a self-employed individual, be- lump-sum distribution. However, if the employee elected comes totally and permanently disabled. an optional method of figuring the tax on the distribution A distribution from a nonqualified plan (such as a privately and their vested percentage in the previous retirement purchased commercial annuity or a section 457 deferred benefit increases after reemployment, the employee must compensation plan of a state or local government or recapture the tax saved. This is done by increasing the tax tax-exempt organization) can't qualify as a lump-sum dis- for the year in which the increase in vesting first occurs. tribution. The participant's entire balance from a plan doesn't in- clude certain forfeited amounts. It also doesn't include any Publication 575 (2022) Page 21 |
Page 22 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Distributions that don't qualify. The following distribu- • Report the part of the distribution from participation tions don't qualify as lump-sum distributions for the capital before 1974 as a capital gain (if you qualify) and use gain treatment or 10-year tax option. the 10-year tax option to figure the tax on the part from participation after 1973 (if you qualify). • The part of a distribution not rolled over if the distribu- tion is partially rolled over to another qualified plan or • Use the 10-year tax option to figure the tax on the total an IRA. taxable amount (if you qualify). • Any distribution if an earlier election to use either the • Roll over all or part of the distribution. See Rollovers, 5- or 10-year tax option had been made after 1986 for later. No tax is currently due on the part rolled over. the same plan participant. Report any part not rolled over as ordinary income. • U.S. Retirement Plan Bonds distributed with a lump • Report the entire taxable part of the distribution as or- sum. dinary income on your tax return. • Any distribution made during the first 5 tax years that The first three options are explained in the following the participant was in the plan, unless it was made be- discussions. cause the participant died. Electing optional lump-sum treatment. You can • The current actuarial value of any annuity contract in- choose to use the 10-year tax option or capital gain treat- cluded in the lump sum. (Box 8 of Form 1099-R ment only once after 1986 for any plan participant. If you should show this amount, which you use only to figure make this choice, you can't use either of these optional tax on the ordinary income part of the distribution.) treatments for any future distributions for the participant. • Any distribution to a 5% owner that is subject to penal- Complete Form 4972 and attach it to your Form 1040 ties under section 72(m)(5)(A) of the Internal Revenue or 1040-SR if you choose to use one or both of the tax op- Code. tions. If you received more than one lump-sum distribution for a plan participant during the year, you must add them • A distribution from an IRA. together in your computation. If you and your spouse are • A distribution from a tax-sheltered annuity (section filing a joint return and you both have received a 403(b) plan). lump-sum distribution, each of you should complete a separate Form 4972. • A distribution of the redemption proceeds of bonds rolled over tax free to a qualified pension plan, etc., Time for choosing. You must decide to use the tax from a qualified bond purchase plan. options before the end of the time, including extensions, • A distribution from a qualified plan if the participant or for making a claim for credit or refund of tax. This is usu- their surviving spouse previously received an eligible ally 3 years after the date the return was filed or 2 years rollover distribution from the same plan (or another after the date the tax was paid, whichever is later. (Re- plan of the employer that must be combined with that turns filed before their due date are considered filed on plan for the lump-sum distribution rules) and the previ- their due date.) ous distribution was rolled over tax free to another Changing your mind. You can change your mind and qualified plan or an IRA. decide not to use the tax options within the time period • A distribution from a qualified plan that received a roll- just discussed. If you change your mind, file Form 1040-X, over after 2001 from an IRA (other than a conduit Amended U.S. Individual Income Tax Return, with a state- IRA), a governmental section 457(b) plan, or a section ment saying you don't want to use the optional lump-sum 403(b) tax-sheltered annuity on behalf of the plan par- treatment. Generally, you must pay any additional tax due ticipant. to the change with the Form 1040-X. • A distribution from a qualified plan that received a roll- How to report. If you elect capital gain treatment (but over after 2001 from another qualified plan on behalf not the 10-year tax option) for a lump-sum distribution, in- of that plan participant's surviving spouse. clude the ordinary income part of the distribution on Form 1040, 1040-SR, or 1040-NR, lines 5a and 5b. Enter the • A corrective distribution of excess deferrals, excess capital gain part of the distribution in Part II of Form 4972. contributions, excess aggregate contributions, or ex- Include the tax from Form 4972, line 7, in the total on cess annual additions. Form 1040, 1040-SR, or 1040-NR, line 16. • A lump-sum credit or payment from the CSRS (or the If you elect the 10-year tax option, don't include any FERS). part of the distribution on Form 1040, 1040-SR, or 1040-NR, lines 5a and 5b. Report the entire distribution in How to treat the distribution. If you receive a lump-sum Part III of Form 4972 or, if you also elect capital gain treat- distribution, you may have the following options for how to ment, report the capital gain part in Part II and the ordinary treat the taxable part. income part in Part III. Include the tax from Form 4972, • Report the part of the distribution from participation line 30, in the total on Form 1040, 1040-SR, or 1040-NR, before 1974 as a capital gain (if you qualify) and the line 16. part from participation after 1973 as ordinary income. Page 22 Publication 575 (2022) |
Page 23 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Taxable and tax-free parts of the distribution. The taxable part of a lump-sum distribution is the employer's contributions and income earned on your account. You Capital Gain: may recover your cost in the lump sum and any NUA in Total Taxable Months of active participation before 1974 × employer securities tax free. Amount Total months of active participation Cost. In general, your cost is the total of: Ordinary Income: • The plan participant's nondeductible contributions to the plan, Total Taxable Months of active participation after 1973 × Amount Total months of active participation • The plan participant's taxable costs of any life insur- ance contract distributed, In figuring the months of active participation before • Any employer contributions that were taxable to the 1974, count as 12 months any part of a calendar year in plan participant, and which the plan participant actively participated under the plan. For active participation after 1973, count as 1 month • Repayments of any loans that were taxable to the plan any part of a calendar month in which the participant ac- participant. tively participated in the plan. You must reduce this cost by amounts previously distrib- The capital gain part should be shown in box 3 of Form uted tax free. 1099-R or other statement given to you by the payer of the distribution. Net unrealized appreciation (NUA). The NUA in em- ployer securities (box 6 of Form 1099-R) received as part Reduction for federal estate tax. If any federal es- of a lump-sum distribution is generally tax free until you tate tax (discussed under Survivors and Beneficiaries, sell or exchange the securities. (See Distributions of em- later) was paid on the lump-sum distribution, you must de- ployer securities under Figuring the Taxable Amount, ear- crease the capital gain by the amount of estate tax appli- lier.) However, if you choose to include the NUA in your in- cable to it. Follow the Form 4972 instructions for Part II, come for the year of the distribution and there is an line 6, to figure the part of the estate tax applicable to the amount in box 3 of Form 1099-R, part of the NUA will capital gain that is used to reduce the capital gain. If you qualify for capital gain treatment. Use the NUA Worksheet don't make the capital gain election, enter on line 18 of in the Instructions for Form 4972 to find the part that quali- Part III the estate tax attributable to the total lump-sum dis- fies. tribution. For information on how to figure the estate tax attributable to the lump-sum distribution, see the Instruc- Losses. You may be able to claim a loss on your return if tions for Form 706, United States Estate (and Genera- you receive a lump-sum distribution that is less than the tion-Skipping Transfer) Tax Return, or contact the admin- plan participant's cost. You must receive the distribution istrator of the decedent's estate. entirely in cash or worthless securities. The amount you can claim is the difference between the participant's cost 10-Year Tax Option and the amount of the cash distribution, if any. However, for tax years 2018 through 2025, miscellane- The 10-year tax option is a special formula used to figure ous itemized deductions subject to the 2%-of-adjus- a separate tax on the ordinary income part of a lump-sum ted-gross-income limit are suspended and therefore not distribution. You pay the tax only once, for the year in deductible on Schedule A (Form 1040). which you receive the distribution, not over the next 10 A loss under a nonqualified plan, such as a com- years. You can elect this treatment only once for any plan TIP mercial variable annuity, is deductible in the same participant, and only if the plan participant was born be- manner as a lump-sum distribution. fore January 2, 1936. The ordinary income part of the distribution is the Capital Gain Treatment amount shown in box 2a of the Form 1099-R given to you by the payer, minus the amount, if any, shown in box 3. Capital gain treatment applies only to the taxable part of a You can also treat the capital gain part of the distribution lump-sum distribution resulting from participation in the (box 3 of Form 1099-R) as ordinary income for the 10-year plan before 1974. The amount treated as capital gain is tax option if you don't choose capital gain treatment for taxed at a 20% rate. You can elect this treatment only that part. once for any plan participant, and only if the plan partici- pant was born before January 2, 1936. Complete Part III of Form 4972 to choose the 10-year Complete Part II of Form 4972 to choose the 20% capi- tax option. You must use the special Tax Rate Schedule tal gain election. shown in the instructions for Part III to figure the tax. Figuring the capital gain and ordinary income parts. Examples Generally, figure the capital gain and ordinary income parts of a lump-sum distribution by using the following for- The following examples show how to figure the separate mulas. tax on Form 4972. Publication 575 (2022) Page 23 |
Page 24 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 1. Robert C. Smith, who was born in 1935, be $10,000. Robert elects 20% capital gain treatment for retired from Crabtree Corporation in 2022. He withdrew this part. He enters $10,000 on Form 4972, Part II, line 6, the entire amount to his credit from the company's quali- and $2,000 ($10,000 × 20% (0.20)) on Part II, line 7. fied pension plan. In December 2022, he received a total The ordinary income part of the taxable distribution is distribution of $175,000 (the $25,000 tax-free part of the $140,000 ($150,000 – $10,000). Robert elects to figure distribution consisting of employee contributions plus the the tax on this part using the 10-year tax option. He enters $150,000 taxable part of the distribution consisting of em- $140,000 on Form 4972, Part III, line 8. Then, he com- ployer contributions and earnings on all contributions). pletes the rest of Form 4972 and includes the tax of The payer gave Robert a Form 1099-R (shown below), $24,270 in the total on Form 1040, 1040-SR, or 1040-NR, which shows the capital gain part of the taxable distribu- line 16. See Robert’s filled-in Form 4972, later. tion (the part attributable to participation before 1974) to CORRECTED (if checked) PAYER’S name, street address, city or town, state or province, 1 Gross distribution OMB No. 1545-0119 Distributions From country, ZIP or foreign postal code, and telephone no. Pensions, Annuities, $ 175000.00 Retirement or Crabtree Corporation Employees’ Pension Plan 2a Taxable amount 2022 Profit-Sharing Plans, IRAs, Insurance 1111 Main Street Contracts, etc. Anytown, Texas 75000 $ 150000.00 Form 1099-R 2b Taxable amount Total Copy B not determined distribution X Report this PAYER’S TIN RECIPIENT’S TIN 3 Capital gain (included in 4 Federal income tax income on your box 2a) withheld federal tax 10-0000000 002-00-XXXX return. If this $ 10000.00 $ 30000.00 form shows RECIPIENT’S name 5 Employee contributions/ 6 Net unrealized federal income Designated Roth appreciation in tax withheld in contributions or employer’s securities box 4, attach Robert C. Smith insurance premiums $ 25000.00 $ this copy to Street address (including apt. no.) 7 Distribution IRA/ 8 Other your return. code(s) SEP/ SIMPLE 911 Mill Way 7A This information is $ % being furnished to City or town, state or province, country, and ZIP or foreign postal code 9a Your percentage of total 9b Total employee contributions the IRS. Anytown, Texas 75000 distribution % $ 10 Amount allocable to IRR 11 1st year of desig. 12 FATCA ling 14 State tax withheld 15 State/Payer’s state no. 16 State distribution within 5 years Roth contrib. requirement $ $ $ $ $ Account number (see instructions) 13 Date of 17 Local tax withheld 18 Name of locality 19 Local distribution payment $ $ $ $ Form 1099-R www.irs.gov/Form1099R Department of the Treasury - Internal Revenue Service Page 24 Publication 575 (2022) |
Page 25 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Tax on Lump-Sum Distributions OMB No. 1545-0193 Form 4972 (From Qualified Plans of Participants Born Before January 2, 1936) Department of the Treasury Go to www.irs.gov/Form4972 for the latest information. Attachment2022 Internal Revenue Service Attach to Form 1040, 1040-SR, 1040-NR, or 1041. Sequence No. 28 Name of recipient of distribution Identifying number Robert C. Smith 002-00-XXXX Part I Complete this part to see if you can use Form 4972 1 Was this a distribution of a plan participant’s entire balance (excluding deductible voluntary employee Yes No contributions and certain forfeited amounts) from all of an employer’s qualied plans of one kind (for example, pension, prot-sharing, or stock bonus)? If “No,” don’t use this form . . . . . . . . . . 1 2 Did you roll over any part of the distribution? If “Yes,” don’t use this form . . . . . . . . . . . 2 3 Was this distribution paid to you as a beneciary of a plan participant who was born before January 2, 1936? 3 4 Were you ( )aa plan participant who received this distribution, ( ) bornb before January 2, 1936, and (c) a participant in the plan for at least 5 years before the year of the distribution? . . . . . . . . . . 4 If you answered “No” to both questions 3 and 4, don’t use this form. 5 a Did you use Form 4972 after 1986 for a previous distribution from your own plan? If “Yes,” don’t use this form for a 2022 distribution from your own plan . . . . . . . . . . . . . . . . . . . . 5a b If you are receiving this distribution as a beneciary of a plan participant who died, did you use Form 4972 for a previous distribution received as a beneciary of that participant after 1986? If “Yes,” don’t use this form for this distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5b Part II Complete this part to choose the 20% capital gain elections (see instructions) 6 Capital gain part from Form 1099-R, box 3 . . . . . . . . . . . . . . . . . . . . 6 10,000 7 Multiply line 6 by 20% (0.20) . . . . . . . . . . . . . . . . . . . . . . . . 7 2,000 If you also choose to use Part III, go to line 8. Otherwise, include the amount from line 7 in the total on Form 1040, 1040-SR, or 1040-NR, line 16, or Form 1041, Schedule G, line 1b. Be sure to check box 2 on Form 1040, 1040-SR, or 1040-NR, line 16. Part III Complete this part to choose the 10-year tax option (see instructions) 8 If you completed Part II, enter the amount from Form 1099-R, box 2a, minus box 3. If you didn’t complete Part II, enter the amount from box 2a. Multiple recipients (and recipients who elect to include net unrealized appreciation (NUA) in taxable income), see instructions . . . . . . . . 8 140,000 9 Death benet exclusion for a beneciary of a plan participant who died before August 21, 1996 . . 9 10 Total taxable amount. Subtract line 9 from line 8 . . . . . . . . . . . . . . . . . . 10 140,000 11 Current actuarial value of annuity from Form 1099-R, box 8. If none, enter -0- . . . . . . . . 11 -0- 12 Adjusted total taxable amount. Add lines 10 and 11. If this amount is $70,000 or more, skip lines 13 through 16, enter this amount on line 17, and go to line 18 . . . . . . . . . . . . . . . 12 140,000 13 Multiply line 12 by 50% (0.50), but don’t enter more than $10,000 . . . . 13 14 Subtract $20,000 from line 12. If line 12 is $20,000 or less, enter -0- . . . . . . . . . . . . . 14 15 Multiply line 14 by 20% (0.20) . . . . . . . . . . . . . . . . 15 16 Minimum distribution allowance. Subtract line 15 from line 13 . . . . . . . . . . . . . 16 17 Subtract line 16 from line 12 . . . . . . . . . . . . . . . . . . . . . . . . . 17 140,000 18 Federal estate tax attributable to lump-sum distribution . . . . . . . . . . . . . . . 18 19 Subtract line 18 from line 17. If line 11 is zero, skip lines 20 through 22 and go to line 23 . . . . 19 140,000 20 Divide line 11 by line 12 and enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . . . . . . . . . . . . 20 . 21 Multiply line 16 by the decimal on line 20 . . . . . . . . . . . . 21 22 Subtract line 21 from line 11 . . . . . . . . . . . . . . . . 22 23 Multiply line 19 by 10% (0.10) . . . . . . . . . . . . . . . . . . . . . . . . 23 14,000 24 Tax on amount on line 23. Use the Tax Rate Schedule in the instructions . . . . . . . . . . 24 2,227 25 Multiply line 24 by 10.0. If line 11 is zero, skip lines 26 through 28, enter this amount on line 29, and go to line 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 22,270 26 Multiply line 22 by 10% (0.10) . . . . . . . . . . . . . . . . 26 27 Tax on amount on line 26. Use the Tax Rate Schedule in the instructions . . 27 28 Multiply line 27 by 10.0 . . . . . . . . . . . . . . . . . . . . . . . . . . 28 29 Subtract line 28 from line 25. Multiple recipients, see instructions . . . . . . . . . . . . 29 22,270 30 Tax on lump-sum distribution. Add lines 7 and 29. Also, include this amount in the total on Form 1040, 1040-SR, or 1040-NR, line 16 (check box 2), or Form 1041, Schedule G, line 1b . . . . . 30 24,270 For Paperwork Reduction Act Notice, see instructions. Cat. No. 13187U Form 4972 (2022) Publication 575 (2022) Page 25 |
Page 26 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 2. Mary Brown, who was born in 1935, sold as part of the distribution from the plan. Box 8 of Form her business in 2022. She withdrew her entire interest in 1099-R shows that the current actuarial value of the annu- the qualified profit-sharing plan she had set up as the sole ity was $10,000. She enters these figures on Form 4972 proprietor. (shown later). The cash part of the distribution, $160,000, is all ordi- After completing Form 4972, she includes the tax of nary income and is shown on her Form 1099-R below. $28,070 in the total on Form 1040, 1040-SR, or 1040-NR, She chooses to figure the tax on this amount using the line 16. 10-year tax option. Mary also received an annuity contract CORRECTED (if checked) PAYER’S name, street address, city or town, state or province, 1 Gross distribution OMB No. 1545-0119 Distributions From country, ZIP or foreign postal code, and telephone no. Pensions, Annuities, $ 160000.00 Retirement or Brown’s Real Estate 2a Taxable amount 2022 Profit-Sharing Plans, Profit-Sharing Plan IRAs, Insurance Contracts, etc. 2101 Chelsea Court $ 160000.00 Form 1099-R Anytown, Nevada 89300 2b Taxable amount Total Copy B not determined distribution X Report this PAYER’S TIN RECIPIENT’S TIN 3 Capital gain (included in 4 Federal income tax income on your box 2a) withheld federal tax 10-0000000 005-00-XXXX return. If this $ $ 32000.00 form shows RECIPIENT’S name 5 Employee contributions/ 6 Net unrealized federal income Designated Roth appreciation in tax withheld in Mary Brown contributions or employer’s securities box 4, attach insurance premiums $ 25000.00 $ this copy to Street address (including apt. no.) 7 Distribution IRA/ 8 Other your return. code(s) SEP/ SIMPLE 12 Mill Avenue This information is 7A $10000.00 % being furnished to City or town, state or province, country, and ZIP or foreign postal code 9a Your percentage of total 9b Total employee contributions the IRS. Anytown, Nevada 89300 distribution % $ 10 Amount allocable to IRR 11 1st year of desig. 12 FATCA ling 14 State tax withheld 15 State/Payer’s state no. 16 State distribution within 5 years Roth contrib. requirement $ $ $ $ $ Account number (see instructions) 13 Date of 17 Local tax withheld 18 Name of locality 19 Local distribution payment $ $ $ $ Form 1099-R www.irs.gov/Form1099R Department of the Treasury - Internal Revenue Service Page 26 Publication 575 (2022) |
Page 27 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Tax on Lump-Sum Distributions OMB No. 1545-0193 Form 4972 (From Qualified Plans of Participants Born Before January 2, 1936) Department of the Treasury Go to www.irs.gov/Form4972 for the latest information. Attachment2022 Internal Revenue Service Attach to Form 1040, 1040-SR, 1040-NR, or 1041. Sequence No. 28 Name of recipient of distribution Identifying number Mary Brown 005-00-XXXX Part I Complete this part to see if you can use Form 4972 1 Was this a distribution of a plan participant’s entire balance (excluding deductible voluntary employee Yes No contributions and certain forfeited amounts) from all of an employer’s qualied plans of one kind (for example, pension, prot-sharing, or stock bonus)? If “No,” don’t use this form . . . . . . . . . . 1 2 Did you roll over any part of the distribution? If “Yes,” don’t use this form . . . . . . . . . . . 2 3 Was this distribution paid to you as a beneciary of a plan participant who was born before January 2, 1936? 3 4 Were you ( )aa plan participant who received this distribution, ( ) bornb before January 2, 1936, and (c) a participant in the plan for at least 5 years before the year of the distribution? . . . . . . . . . . 4 If you answered “No” to both questions 3 and 4, don’t use this form. 5 a Did you use Form 4972 after 1986 for a previous distribution from your own plan? If “Yes,” don’t use this form for a 2022 distribution from your own plan . . . . . . . . . . . . . . . . . . . . 5a b If you are receiving this distribution as a beneciary of a plan participant who died, did you use Form 4972 for a previous distribution received as a beneciary of that participant after 1986? If “Yes,” don’t use this form for this distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5b Part II Complete this part to choose the 20% capital gain elections (see instructions) 6 Capital gain part from Form 1099-R, box 3 . . . . . . . . . . . . . . . . . . . . 6 7 Multiply line 6 by 20% (0.20) . . . . . . . . . . . . . . . . . . . . . . . . 7 If you also choose to use Part III, go to line 8. Otherwise, include the amount from line 7 in the total on Form 1040, 1040-SR, or 1040-NR, line 16, or Form 1041, Schedule G, line 1b. Be sure to check box 2 on Form 1040, 1040-SR, or 1040-NR, line 16. Part III Complete this part to choose the 10-year tax option (see instructions) 8 If you completed Part II, enter the amount from Form 1099-R, box 2a, minus box 3. If you didn’t complete Part II, enter the amount from box 2a. Multiple recipients (and recipients who elect to include net unrealized appreciation (NUA) in taxable income), see instructions . . . . . . . . 8 160,000 9 Death benet exclusion for a beneciary of a plan participant who died before August 21, 1996 . . 9 10 Total taxable amount. Subtract line 9 from line 8 . . . . . . . . . . . . . . . . . . 10 160,000 11 Current actuarial value of annuity from Form 1099-R, box 8. If none, enter -0- . . . . . . . . 11 10,000 12 Adjusted total taxable amount. Add lines 10 and 11. If this amount is $70,000 or more, skip lines 13 through 16, enter this amount on line 17, and go to line 18 . . . . . . . . . . . . . . . 12 170,000 13 Multiply line 12 by 50% (0.50), but don’t enter more than $10,000 . . . . 13 14 Subtract $20,000 from line 12. If line 12 is $20,000 or less, enter -0- . . . . . . . . . . . . . 14 15 Multiply line 14 by 20% (0.20) . . . . . . . . . . . . . . . . 15 16 Minimum distribution allowance. Subtract line 15 from line 13 . . . . . . . . . . . . . 16 17 Subtract line 16 from line 12 . . . . . . . . . . . . . . . . . . . . . . . . . 17 170,000 18 Federal estate tax attributable to lump-sum distribution . . . . . . . . . . . . . . . 18 19 Subtract line 18 from line 17. If line 11 is zero, skip lines 20 through 22 and go to line 23 . . . . 19 170,000 20 Divide line 11 by line 12 and enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . . . . . . . . . . . . 20 . 0588 21 Multiply line 16 by the decimal on line 20 . . . . . . . . . . . . 21 22 Subtract line 21 from line 11 . . . . . . . . . . . . . . . . 22 10,000 23 Multiply line 19 by 10% (0.10) . . . . . . . . . . . . . . . . . . . . . . . . 23 17,000 24 Tax on amount on line 23. Use the Tax Rate Schedule in the instructions . . . . . . . . . . 24 2,917 25 Multiply line 24 by 10.0. If line 11 is zero, skip lines 26 through 28, enter this amount on line 29, and go to line 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 29,170 26 Multiply line 22 by 10% (0.10) . . . . . . . . . . . . . . . . 26 1,000 27 Tax on amount on line 26. Use the Tax Rate Schedule in the instructions . . 27 110 28 Multiply line 27 by 10.0 . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1,100 29 Subtract line 28 from line 25. Multiple recipients, see instructions . . . . . . . . . . . . 29 28,070 30 Tax on lump-sum distribution. Add lines 7 and 29. Also, include this amount in the total on Form 1040, 1040-SR, or 1040-NR, line 16 (check box 2), or Form 1041, Schedule G, line 1b . . . . . 30 28,070 For Paperwork Reduction Act Notice, see instructions. Cat. No. 13187U Form 4972 (2022) Publication 575 (2022) Page 27 |
Page 28 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. b. The joint lives or life expectancies of you and your beneficiary, or Rollovers c. A period of 10 years or more. If you withdraw cash or other assets from a qualified re- 2. An RMD (discussed later under Tax on Excess Accu- tirement plan in an eligible rollover distribution, you can mulation). generally defer tax on the distribution by rolling it over to another qualified retirement plan, a traditional IRA or, after 3. Hardship distributions. 2 years of participation in a SIMPLE IRA sponsored by 4. Corrective distributions of excess contributions or ex- your employer, a SIMPLE IRA under that plan. You don't cess deferrals, and any income allocable to these dis- include the amount rolled over in your income until you re- tributions, or of excess annual additions and any allo- ceive it in a distribution from the recipient plan or IRA with- cable gains (see Corrective distributions of excess out rolling over that distribution. (For information about plan contributions at the beginning of Taxation of rollovers from traditional IRAs, see chapter 1 of Pub. Nonperiodic Payments, earlier). 590-A.) 5. A loan treated as a distribution because it doesn’t sat- If you roll over the distribution to a traditional IRA, you isfy certain requirements either when made or later can't deduct the amount rolled over as an IRA contribu- (such as upon default), unless the participant's ac- tion. When you later withdraw it from the IRA, you can't crued benefits are reduced (offset) to repay the loan. use the optional methods discussed earlier under See Loans Treated as Distributions, earlier, and the Lump-Sum Distributions to figure the tax. discussion of plan loan offsets, including qualified Self-employed individuals are generally treated as em- plan loan offsets, under the heading Time for making ployees for the rules on the tax treatment of distributions, rollover, later. including the rules for rollovers. 6. Dividends paid on employer securities. See Designated Roth accounts, later, for information 7. The cost of life insurance coverage. on rollovers (including in-plan Roth rollovers) related to those accounts. Also, see Rollovers to Roth IRAs, later, In addition, a distribution to the plan participant's bene- for information on rollovers from a qualified retirement ficiary isn’t generally treated as an eligible rollover distri- plan to a Roth IRA. bution. However, see Qualified domestic relations order (QDRO) Rollover by surviving spouse, , and Rollovers by Rollovers to SIMPLE retirement accounts. You can nonspouse beneficiary, later. also roll over amounts from a qualified retirement plan (as described next) or an IRA into a SIMPLE retirement ac- Rollover of nontaxable amounts. You may be able to count as follows. roll over the nontaxable part of a distribution (such as your after-tax contributions) made to another qualified retire- 1. During the first 2 years of participation in a SIMPLE ment plan that is a qualified employee plan or a 403(b) retirement account, you may roll over amounts from plan, or to a traditional or Roth IRA. The transfer must be one SIMPLE retirement account into another SIMPLE made either through a direct rollover to a qualified plan or retirement account. 403(b) plan that separately accounts for the taxable and 2. After 2 years of participation in a SIMPLE retirement nontaxable parts of the rollover or through a rollover to a account, you may roll over amounts from a SIMPLE traditional or Roth IRA. retirement account, a qualified retirement plan, or an If you roll over only part of a distribution that includes IRA into a SIMPLE retirement account. both taxable and nontaxable amounts, the amount you roll over is treated as coming first from the taxable part of the Qualified retirement plan. For this purpose, the follow- distribution. ing plans are qualified retirement plans. Any after-tax contributions that you roll over into your traditional IRA become part of your basis (cost) in your • A qualified employee plan. IRAs. To recover your basis when you take distributions • A qualified employee annuity. from your IRA, you must complete Form 8606, Nondeduc- • A tax-sheltered annuity plan (403(b) plan). tible IRAs, for the year of the distribution. For more infor- mation, see the Instructions for Form 8606. • An eligible state or local governmental section 457 de- ferred compensation plan. Withholding requirements. If an eligible rollover distri- bution is paid to you, the payer must withhold 20% of it. Eligible rollover distribution. An eligible rollover distri- This applies even if you plan to roll over the distribution to bution is any distribution of all or any part of the balance to another qualified retirement plan or to an IRA. However, your credit in a qualified retirement plan except the follow- you can avoid withholding by choosing the direct rollover ing. option, discussed later. Also, see Choosing the right op- 1. Any of a series of substantially equal distributions tion at the end of this discussion. paid at least once a year over: Exceptions. An eligible rollover distribution isn't sub- a. Your lifetime or life expectancy, ject to withholding to the extent it consists of NUA from Page 28 Publication 575 (2022) |
Page 29 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employer securities that can be excluded from your gross Rolling over more than amount received. If income. (For a discussion of the tax treatment of a distri- ! you decide to roll over an amount equal to the dis- bution of employer securities, see Figuring the Taxable CAUTION tribution before withholding, your contribution to Amount under Taxation of Nonperiodic Payments, ear- the new plan or IRA must include other money (for exam- lier.) ple, from savings or amounts borrowed) to replace the In addition, withholding from an eligible rollover distri- amount withheld. bution paid to you isn't required if: • The distribution and all previous eligible rollover distri- Example. You receive an eligible rollover distribution butions you received during the tax year from the of $10,000 from your employer's qualified employee plan. same plan (or, at the payer's option, from all your em- The payer withholds $2,000, so you actually receive ployer's plans) total less than $200; or $8,000. If you want to roll over the entire $10,000 to post- pone including that amount in your income, you will have • The distribution consists solely of employer securities, to get $2,000 from some other source to add to the $8,000 plus cash of $200 or less instead of fractional shares. you actually received. If you roll over only $8,000, you must include the Direct rollover option. You can choose to have any part $2,000 not rolled over in your income for the distribution or all of an eligible rollover distribution paid directly to an- year. Also, you may be subject to the 10% additional tax other qualified retirement plan that accepts rollover distri- on the $2,000 if it was distributed to you before you butions or to a traditional or Roth IRA. 1 2 reached age 59 / . There is an automatic rollover requirement for manda- tory distributions. A mandatory distribution is a distribution Time for making rollover. You must generally complete made without your consent and before you reach age 62 the rollover of an eligible rollover distribution paid to you or normal retirement age, whichever is later. The auto- by the 60th day following the day on which you receive the matic rollover requirement applies if the distribution is distribution from your employer's plan. more than $1,000 and is an eligible rollover distribution. The IRS may waive the 60-day requirement where the You can choose to have the distribution paid directly to failure to do so would be against equity or good con- you or rolled over directly to your traditional or Roth IRA or science, such as in the event of a casualty, disaster, or another qualified retirement plan. If you don't make this other event beyond your reasonable control. choice, the plan administrator will automatically roll over the distribution into an IRA of a designated trustee or is- Example. In the previous example, you received the suer. distribution on June 30. To postpone including it in your in- No tax withheld. If you choose the direct rollover op- come, you must complete the rollover by August 29, the tion, or have an automatic rollover, no tax will be withheld 60th day following June 30. from any part of the distribution that is directly paid to the Plan loan offset. A plan loan offset is the amount your trustee of the other plan. If any part of the eligible rollover employer plan account balance is reduced, or offset, to re- distribution is paid to you, the payer must generally with- pay a loan from the plan. How long you have to complete hold 20% of it for income tax. the rollover of a plan loan offset depends on what kind of plan loan offset you have. For tax years beginning after Payment-to-you option. If an eligible rollover distribu- 2017, if you have a qualified plan loan offset, you will have tion is paid to you, 20% will generally be withheld for in- until the due date (including extensions) for your tax return come tax. However, the full amount is treated as distrib- for the tax year in which the offset occurs to complete your uted to you even though you actually receive only 80%. rollover. You must generally include in income any part (including A qualified plan loan offset occurs when a plan loan the part withheld) that you don't roll over within 60 days to in good standing is offset because your employer plan ter- another qualified retirement plan or to a traditional or Roth minates, or because you have a severance from employ- IRA. ment. If your plan loan offset occurs for any other reason, If you are under age 59 / when a distribution is paid to 1 2 then you have 60 days from the date the offset occurs to you, you may have to pay a 10% tax (in addition to the complete your rollover. regular income tax) on the taxable part (including any tax withheld) that you don't roll over. See Tax on Early Distri- Ways to get a waiver of the 60-day rollover require- butions, later. ment. There are three ways to obtain a waiver of the Partial rollovers. If you receive a lump-sum distribu- 60-day requirement. tion, it may qualify for special tax treatment. See • You qualify for an automatic waiver. Lump-Sum Distributions, earlier. However, if you roll over • You self-certify that you met the requirements of a any part of the distribution, the part you keep doesn't qual- waiver. ify for special tax treatment. • You request and receive a private letter ruling granting a waiver. For more information about requesting a waiver of the 60-day rollover requirement, rollovers permitted between Publication 575 (2022) Page 29 |
Page 30 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the various types of retirement plans (including IRAs), and Example 2. The facts are the same as in Example 1, other topics regarding rollovers, see Rollovers in Pub. except that Paul sold the stock for $40,000 and contrib- 590-A. uted $40,000 to the IRA. Paul doesn't include the $50,000 eligible rollover distribution in his income and doesn't de- Frozen deposits. If an amount distributed to you be- duct the $10,000 loss from the sale of the stock. The comes a frozen deposit in a financial institution during the $40,000 rolled over will be ordinary income when he with- 60-day period after you receive it, the rollover period is ex- draws it from his IRA. tended. An amount is a frozen deposit if you can't with- draw it because of either: Example 3. The facts are the same as in Example 1, • The bankruptcy or insolvency of the financial institu- except that Paul rolled over only $45,000 of the $60,000 tion, or proceeds from the sale of the stock. The $15,000 pro- ceeds he didn't roll over include part of the gain from the • A restriction on withdrawals by the state in which the stock sale. Paul reports $2,500 ($10,000 ÷ $60,000 × institution is located because of the bankruptcy or in- $15,000) as capital gain and $12,500 ($50,000 ÷ $60,000 solvency (or threat of it) of one or more financial insti- × $15,000) as ordinary income. tutions in the state. The 60-day rollover period is extended by the period for Example 4. The facts are the same as in Example 2, which the amount is a frozen deposit and doesn't end ear- except that Paul rolled over only $25,000 of the $40,000 lier than 10 days after the amount is no longer a frozen de- proceeds from the sale of the stock. The $15,000 pro- posit. ceeds he didn’t roll over include part of the loss from the stock sale. Paul reports $3,750 ($10,000 ÷ $40,000 × Retirement bonds. If you redeem retirement bonds pur- $15,000) capital loss and $18,750 ($50,000 ÷ $40,000 × chased under a qualified bond purchase plan, you can roll $15,000) ordinary income. over the proceeds that exceed your basis tax free into an IRA or qualified employer plan. Subsequent distributions Property and cash distributed. If both cash and prop- of those proceeds, however, don't qualify for the 10-year erty were distributed and you didn't roll over the entire dis- tax option or capital gain treatment. tribution, you may designate what part of the rollover is al- locable to the cash distribution and what part is allocable Annuity contracts. If an annuity contract was distributed to the proceeds from the sale of the distributed property. If to you by a qualified retirement plan, you can roll over an the distribution included an amount that isn’t taxable amount paid under the contract that is otherwise an eligi- (other than the NUA in employer securities) as well as an ble rollover distribution. For example, you can roll over a eligible rollover distribution, you may also designate what single-sum payment you receive upon surrender of the part of the nontaxable amount is allocable to the cash dis- contract to the extent it is taxable and isn't an RMD. tribution and what part is allocable to the property. Your designation must be made by the due date for filing your Rollovers of property. To roll over an eligible rollover tax return, including extensions. You can't change your distribution of property, you must either roll over the actual designation after that date. If you don't make a designa- property distributed or sell it and roll over the proceeds. tion on time, the rollover amount or the nontaxable amount You can't keep the distributed property and roll over cash must be allocated on a ratable basis. or other property. If you sell the distributed property and roll over all the Qualified domestic relations order (QDRO). You may proceeds, no gain or loss is recognized on the sale. The be able to roll over tax free all or part of a distribution from sale proceeds (including any portion representing an in- a qualified retirement plan that you receive under a crease in value) are treated as part of the distribution and QDRO. (See Qualified domestic relations order (QDRO) aren't included in your gross income. under General Information, earlier.) If you receive the dis- If you roll over only part of the proceeds, you are taxed tribution as an employee's spouse or former spouse (not on the part you keep. You must allocate the proceeds you as a nonspouse beneficiary), the rollover rules apply to keep between the part representing ordinary income from you as if you were the employee. the distribution (its value upon distribution) and the part representing gain or loss from the sale (its change in value Rollover by surviving spouse. You may be able to roll from its distribution to its sale). over tax free all or part of a distribution from a qualified re- tirement plan you receive as the surviving spouse of a de- Example 1. On September 4, 2022, Paul received an ceased employee. The rollover rules apply to you as if you eligible rollover distribution from his employer's noncontri- were the employee. You can roll over the distribution into butory qualified employee plan of $50,000 in nonemployer a qualified retirement plan or a traditional or Roth IRA. For stock. On September 24, 2022, he sold the stock for a rollover to a Roth IRA, see Rollovers to Roth IRAs, later. $60,000. On October 2, 2022, he contributed $60,000 A distribution paid to a beneficiary other than the em- cash to a traditional IRA. Paul doesn't include either the ployee's surviving spouse is generally not an eligible roll- $50,000 eligible rollover distribution or the $10,000 gain over distribution. However, see Rollovers by nonspouse from the sale of the stock in his income. The entire beneficiary next. $60,000 rolled over will be ordinary income when he with- draws it from his IRA. Page 30 Publication 575 (2022) |
Page 31 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Rollovers by nonspouse beneficiary. If you are a des- Designated Roth accounts. You can roll over an eligi- ignated beneficiary (other than a surviving spouse) of a ble rollover distribution from a designated Roth account deceased employee, you may be able to roll over tax free into another designated Roth account or a Roth IRA. If all or a portion of a distribution you receive from an eligible you want to roll over the part of the distribution that isn't in- retirement plan of the employee. The distribution must be cluded in income, you must make a direct rollover of the a direct trustee-to-trustee transfer to your traditional or entire distribution (see Direct rollover option, earlier) or Roth IRA that was set up to receive the distribution. The you can roll over the entire amount (or any portion) to a transfer will be treated as an eligible rollover distribution Roth IRA. Also, if you are a plan participant in a 401(k), and the receiving plan will be treated as an inherited IRA. 403(b), or 457(b) plan, your plan may permit you to roll For information on inherited IRAs, see What if You Inherit over amounts in those plans to a designated Roth account an IRA? in chapter 1 of Pub. 590-B. within the same plan (in-plan Roth rollover). The rollover of any untaxed amounts is included in income. See How to report. Enter the total distribution (before income In-plan Roth rollovers, later. tax or other deductions were withheld) on Form 1040, A qualified distribution from a designated Roth account 1040-SR, or 1040-NR, line 5a. This amount should be isn't includible in income. (A qualified distribution is de- shown in box 1 of Form 1099-R. From this amount, sub- fined earlier in the discussion of designated Roth ac- tract any contributions (usually shown in box 5 of Form counts under Taxation of Periodic Payments ). Generally, 1099-R) that were taxable to you when made. From that you can't have a qualified distribution within the 5-tax-year result, subtract the amount that was rolled over either di- period beginning with the first tax year for which the partic- rectly or within 60 days of receiving the distribution. Enter ipant made a designated Roth contribution to the plan. If a the remaining amount, even if zero, on Form 1040, direct rollover is made from a designated Roth account 1040-SR, or 1040-NR, line 5b. Also, enter “Rollover” next under another plan or an in-plan Roth rollover is made, the to the line. 5-tax-year period of participation begins on the first day of your tax year for which you first had designated Roth con- Written explanation to recipients. The administrator of tributions made to the account, either making the distribu- a qualified retirement plan must, within a reasonable pe- tion or receiving the distribution, whichever was earlier. riod of time before making an eligible rollover distribution, If you roll over only part of an eligible rollover distribu- provide you with a written explanation. It must tell you tion that isn't a qualified distribution and not paid as a di- about all of the following. rect rollover contribution, the part rolled over is considered • Your right to have the distribution paid tax free directly to be first from the income portion of the distribution. to another qualified retirement plan or to a traditional or Roth IRA. Example. You receive an eligible rollover distribution that isn't a qualified distribution from your designated Roth • The requirement to withhold tax from the distribution if account. The distribution consists of $11,000 (investment) it isn't directly rolled over. and $3,000 (income earned). Within 60 days of receipt, • The nontaxability of any part of the distribution that you roll over $7,000 into a Roth IRA. The $7,000 consists you roll over within 60 days after you receive the distri- of $3,000 of income and $4,000 of investment. Because bution. you rolled over the part of the distribution that could be in- cluded in gross income (income earned), none of the dis- • Other qualified retirement plan rules that apply, includ- tribution is included in gross income. ing those for lump-sum distributions, alternate payees, and cash or deferred arrangements. In-plan Roth rollovers. If you are a participant in a • How the distribution rules of the plan to which you roll 401(k), 403(b), or 457(b) plan, your plan may permit you over the distribution may differ from the rules that ap- to roll over any vested amounts from those plans to a des- ply to the plan making the distribution in their restric- ignated Roth account within the same plan. The in-plan tions and tax consequences. Roth rollover must be an eligible rollover distribution (de- fined earlier under Eligible rollover distribution). Any un- Reasonable period of time. The plan administrator taxed amounts included in the in-plan Roth rollover must must provide you with a written explanation no earlier than be included in income in the year you receive the distribu- 90 days and no later than 30 days before the distribution tion. is made. However, you can choose to have a distribution You can make the in-plan Roth rollover by direct trans- made less than 30 days after the explanation is provided fer of the amount from the non-Roth account to your des- as long as the following two requirements are met. ignated Roth account within the same plan. The 20% • You must have the opportunity to consider whether or mandatory withholding doesn't apply to in-plan Roth roll- not you want to make a direct rollover for at least 30 overs made by direct rollover. You can also effect the days after the explanation is provided. in-plan Roth rollover by receiving an eligible rollover distri- bution from your 401(k), 403(b), or 457(b) plan and within • The information you receive must clearly state that 60 days depositing it into a designated Roth account in you have the right to have 30 days to make a decision. the same plan. Contact the plan administrator if you have any questions Your plan must provide a written explanation of the regarding this information. consequences of making an in-plan Roth rollover. In-plan Roth rollovers can't be undone. Unlike rollovers to Roth Publication 575 (2022) Page 31 |
Page 32 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. IRAs, you can't later recharacterize an in-plan Roth roll- Choosing the right option. Table 1 may help you de- over. cide which distribution option to choose. Carefully com- pare the effects of each option. If you received employer securities as a part of TIP your in-plan Roth rollover distribution, the rollover is treated as a distribution for the purpose of NUA. Table 1. Comparison of Payment to You See Distributions of employer securities, earlier. Versus Direct Rollover Mandatory 20% withholding. A payor must normally Result of a payment to Result of a direct withhold 20% when a rollover distribution is paid to you. Affected item you rollover However, some part of your distribution may not be sub- The payer must withhold Withholding There is no withholding. ject to the mandatory 20% withholding. Otherwise nondis- 20% of the taxable part. tributable amounts aren't subject to the mandatory 20% If you are under age withholding. An example of otherwise nondistributable 59 / , a 10% additional 1 2 amounts is employer matching contributions in a 401(k) tax may apply to the There is no 10% plan. See Payment-to-you option, earlier. Additional tax taxable part (including additional tax. See Tax an amount equal to the on Early Distributions. You can't roll over amounts from your traditional tax withheld) that isn't ! TSP to your Roth TSP. See Pub. 721 for more de- rolled over. CAUTION tails. Any taxable part Any taxable part isn't (including the taxable income to you until later How to report. Enter the total amount of the distribu- part of any amount distributed to you from When to report withheld) not rolled over the new plan or IRA. tion before income tax or deductions were withheld on as income Form 1040, 1040-SR, or 1040-NR, line 5a. This amount is income to you in the However, see Rollovers should be shown in box 1 of Form 1099-R. From this year paid. to Roth IRAs for an amount, subtract any contributions (usually shown in exception. box 5 of Form 1099-R) that were taxable to you when made. Enter the remaining amount, even if zero, on Form Qualified settlement income. If you are a qualified tax- 1040, 1040-SR, or 1040-NR, line 5b. payer and you received qualified settlement income in If you must include any amount in your gross in- connection with the Exxon Valdez litigation, you can con- tribute all or part of it to an eligible retirement plan. This in- ! come, you may have to increase your withholding cludes a qualified retirement plan. The amount contrib- CAUTION or make estimated tax payments. See Pub. 505. uted can’t exceed $100,000 (reduced by the amount of qualified settlement income contributed to an eligible re- Rollovers to Roth IRAs. You can roll over distributions tirement plan in prior tax years) or the amount of qualified directly from a qualified retirement plan (other than a des- settlement income received during the tax year. Contribu- ignated Roth account) to a Roth IRA. You must include in tions for the year can be made until the due date for filing your gross income distributions from a qualified retirement your tax return, not including extensions. plan (other than a designated Roth account) that you Qualified settlement income that you contribute to a would have had to include in income if you hadn't rolled qualified retirement plan will be treated as having been them over into a Roth IRA. You don't include in gross in- rolled over in a direct trustee-to-trustee transfer within 60 come any part of a distribution from a qualified retirement days of the distribution. The amount contributed isn’t in- plan that is a return of contributions to the plan that were cluded in your taxable income and it isn’t considered to be taxable to you when paid. In addition, the 10% tax on early investment in the contract. distributions doesn't apply. You are a qualified taxpayer if you are: Any amount rolled over into a Roth IRA is subject to the same rules for converting a traditional IRA into a Roth IRA. • A plaintiff in the civil action In re Exxon Valdez, No. For more information, see Converting From Any Tradi- 89-095-CV (HRH) (Consolidated) (D. Alaska), or tional IRA Into a Roth IRA in chapter 1 of Pub. 590-A. The beneficiary of the estate of a plaintiff who ac- • How to report. Enter the total amount of the distribu- quired the right to receive qualified settlement income tion before income tax or deductions were withheld on from that plaintiff and who is the spouse or immediate Form 1040, 1040-SR, or 1040-NR, line 5a. This amount relative of that plaintiff. should be shown in box 1 of Form 1099-R. From this Qualified settlement income is any interest or punitive amount, subtract any contributions (usually shown in damage awards which are: box 5 of Form 1099-R) that were taxable to you when made. Enter the remaining amount, even if zero, on Form • Otherwise includible in income, and 1040, 1040-SR, or 1040-NR, line 5b. • Received in connection with the Exxon Valdez civil ac- If you must include any amount in your gross in- tion described (whether pre- or post-judgment and whether related to a settlement or a judgment). ! come, you may have to increase your withholding CAUTION or make estimated tax payments. See Pub. 505. Qualified settlement income can be received as periodic payments or as a lump sum. See Pub. 525 for information on how to report Exxon Valdez settlement income. Page 32 Publication 575 (2022) |
Page 33 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Special rule for Roth IRAs and designated Roth • A tax-sheltered annuity plan (403(b) plan), or accounts. Qualified settlement income that is contrib- • An eligible state or local governmental section 457 de- uted to a Roth IRA or a designated Roth account will be: ferred compensation plan (to the extent that any distri- • Included in your taxable income for the year the quali- bution is attributable to amounts the plan received in a fied settlement income was received, and direct transfer or rollover from one of the other plans listed here or an IRA). • Treated as part of your cost basis (investment in the contract) that isn’t taxable when distributed. 5% rate on certain early distributions from deferred annuity contracts. If an early withdrawal from a deferred annuity is otherwise subject to the 10% additional tax, a Special Additional Taxes 5% rate may apply instead. A 5% rate applies to distribu- tions under a written election providing a specific sched- To discourage the use of pension funds for purposes ule for the distribution of your interest in the contract if, as other than normal retirement, the law imposes additional of March 1, 1986, you had begun receiving payments un- taxes on early distributions of those funds and on failures der the election. On line 4 of Form 5329, multiply the line 3 to withdraw the funds timely. Ordinarily, you won't be sub- amount by 5% instead of 10%. Attach an explanation to ject to these taxes if you roll over all early distributions you your return. receive, as explained earlier, and begin drawing out the funds at a normal retirement age in prorated amounts over Distributions from designated Roth accounts alloca- your life expectancy. These special additional taxes are ble to in-plan Roth rollovers within the 5-year period. the taxes on: If, within the 5-year period starting with the first day of your tax year in which you rolled over an amount from your • Early distributions, and 401(k), 403(b), or 457(b) plan to a designated Roth ac- • Excess accumulation (not receiving minimum distribu- count, you take a distribution from the designated Roth tions). account, you may have to pay the additional 10% tax on early distributions. You must generally pay the 10% addi- These taxes are discussed in the following sections. tional tax on any amount attributable to the part of the If you must pay either of these taxes, report them on in-plan Roth rollover that you had to include in income (re- Form 5329. However, you don't have to file Form 5329 if capture amount). A separate 5-year period applies to you owe only the tax on early distributions and your Form each in-plan Roth rollover. See Figuring your recapture 1099-R correctly shows code “1” in box 7. Instead, enter amount, later, to determine the recapture amount, if any. 10% of the taxable part of the distribution on Schedule 2 The 5-year period used for determining whether the (Form 1040), line 8. Also check the box on line 8 to indi- 10% early distribution tax applies to a distribution alloca- cate that you don't have to file Form 5329. ble to an in-plan Roth rollover is separately determined for each in-plan Roth rollover, and isn't necessarily the same Even if you don't owe any of these taxes, you may have as the 5-year period used for determining whether a distri- to complete Form 5329 and attach it to your Form 1040, bution is a qualified distribution. 1040-SR, or 1040-NR. This applies if you meet an excep- tion to the tax on early distributions but box 7 of your Form Figuring your recapture amount. For any early dis- 1099-R doesn't indicate an exception. tribution in 2022 from your designated Roth account that is allocable to an in-plan Roth rollover, you allocate the amount from box 10 of your 2022 Form 1099-R to the Tax on Early Distributions amounts, if any, you have rolled over into that designated Roth account. Most distributions (both periodic and nonperiodic) from If you haven’t taken a distribution from your designated qualified retirement plans and nonqualified annuity con- Roth account before 2022, then allocate the amount in tracts made to you before you reach age 59 / are subject 1 2 box 10 of your 2022 Form 1099-R to the amounts you re- to an additional tax of 10%. This tax applies to the part of ported on the lines listed in the Recapture Allocation Chart the distribution that you must include in gross income. It (filling in the Taxable column first, and then the Nontaxa- doesn't apply to any part of a distribution that is tax free, ble column for each year) until you have covered the en- such as amounts that represent a return of your cost or tire amount in box 10. that were rolled over to another retirement plan. It also If you have taken a distribution from your designated doesn’t apply to corrective distributions of excess defer- Roth account prior to 2022, then allocate the amount in rals, excess contributions, or excess aggregate contribu- box 10 of your 2022 Form 1099-R to the amounts you re- tions (discussed earlier under Taxation of Nonperiodic ported on the lines listed in the Recapture Allocation Chart Payments). (filling in the Taxable column first, and then the Nontaxa- For this purpose, a qualified retirement plan is: ble column for each year). However, don't start at the be- ginning; instead, begin with the first line that hasn’t been • A qualified employee plan (including a qualified cash used fully for a previous distribution. or deferred arrangement (CODA) under Internal Reve- nue Code section 401(k)), • A qualified employee annuity plan, Publication 575 (2022) Page 33 |
Page 34 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Recapture Allocation Chart Keep for Your Records Taxable Year Taxable Nontaxable (Basis) 2010 Form 8606, line 23 . . . . . . . . Form 8606, line 22 . . . . . . . . . . . 2011 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2012 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2013 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2014 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2015 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2016 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2017 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2018 Form 1040, line 4b;* or Form 1040NR, Form 1040, line 4a;** or Form line 17b* . . . . . . . . . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2019 Form 1040, line 4d;* or Form 1040-NR, Form 1040, line 4c;** or Form line 17b* . . . . . . . . . . . . . . . . . 1040-NR, line 17a** . . . . . . . . . . 2020 Form 1040, 1040-SR, or Form 1040, 1040-SR, or 1040-NR, line 5b* . . . . . . . . . 1040-NR, line 5a** . . . . . . . . . . . 2021 Form 1040, 1040-SR, or Form 1040, 1040-SR, or 1040-NR, line 5b* . . . . . . . . . 1040-NR, line 5a** . . . . . . . . . . . 2022 Form 1040, 1040-SR, or Form 1040, 1040-SR, or 1040-NR, line 5b* . . . . . . . . . 1040-NR, line 5a** . . . . . . . . . . . Total . . . . . . . . . . . . . . . . . . . . . Total . . . . . . . . . . . . . . . . . . . . . . . . Note. The sum of the totals for each column should equal the amount reported in box 10 of your 2022 Form 1099-R. * Only include those amounts attributable to an in-plan Roth rollover. ** Only include any contributions (usually box 5 of Form 1099-R) that were taxable to you when made and attributable to an in-plan Roth rollover. Your recapture amount is the sum of the amounts you In December 2022, at age 57, you took a distribution of allocated for 2011 through 2022 under the Taxable col- $35,000 from your designated Roth account. The 2022 umn in the Recapture Allocation Chart. You will also in- Form 1099-R shows the distribution of $35,000 reported clude this amount on Form 5329, line 1. in box 1, the taxable portion of the distribution of $3,500 reported in box 2a, and the amount of $31,500 allocable Example. You had an in-plan Roth rollover in 2022 of to the in-plan Roth rollover reported in box 10. Because $50,000. This is your first in-plan Roth rollover. Your 2022 you had no in-plan Roth rollovers in prior years, you would Form 1040 or 1040-SR includes $30,000 on line 5b, the allocate the $31,500 reported in box 10 of Form 1099-R taxable portion of the in-plan Roth rollover, and $50,000 as shown in the Example Recapture Allocation Chart. on line 5a, the in-plan Roth rollover including $20,000 of The recapture amount, the amount subject to tax on basis. early distributions allocable to the in-plan Roth rollover, is Page 34 Publication 575 (2022) |
Page 35 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $30,000 ($31,500 − $1,500). Your amount subject to tax box 7, you must file Form 5329. Enter the taxable amount on early distributions reported on Form 5329, line 1, for of the distribution shown in box 2a of your Form 1099-R this distribution is $33,500 ($30,000 allocable to Form on line 1 of Form 5329. On line 2, enter the amount that 1040 or 1040-SR, line 5b; and $3,500 from box 2a of can be excluded and the exception number shown in the Form 1099-R). Form 5329 instructions. Exceptions to tax. Certain early distributions are excep- If distribution code “1” is incorrectly shown on ted from the early distribution tax. If the payer knows that TIP your Form 1099-R for a distribution received an exception applies to your early distribution, distribution when you were age 59 / or older, include that 1 2 code “2,” “3,” or “4” should be shown in box 7 of your Form distribution on Form 5329. Enter exception number “12” 1099-R and you don't have to report the distribution on on line 2. Form 5329. If an exception applies but distribution code “1” (early distribution, no known exception) is shown in Example Recapture Allocation Chart Keep for Your Records Taxable Year Taxable Nontaxable (Basis) 2010 Form 8606, line 23 . . . . . . . . Form 8606, line 22 . . . . . . . . . . . 2011 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2012 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2013 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2014 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2015 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2016 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2017 Form 1040, line 16b;* Form Form 1040, line 16a;** Form 1040A, line 12b;* or Form 1040A, line 12a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2018 Form 1040, line 4b;* or Form Form 1040, line 4a;** or Form 1040NR, line 17b* . . . . . . . . . 1040NR, line 17a** . . . . . . . . . . . 2019 Form 1040, line 4d;* or Form Form 1040, line 4c;** or Form 1040-NR, line 17b* . . . . . . . . 1040-NR, line 17a** . . . . . . . . . . 2020 Form 1040, 1040-SR, or Form 1040, 1040-SR, or 1040-NR, line 5b* . . . . . . . . . 1040-NR, line 5a** . . . . . . . . . . . 2021 Form 1040, 1040-SR, or Form 1040, 1040-SR, or 1040-NR, line 5b* . . . . . . . . . 1040-NR, line 5a** . . . . . . . . . . . 2022 Form 1040, 1040-SR, or Form 1040, 1040-SR, or 1040-NR, line 5b* . . . . . . . . . $30,000 1040-NR, line 5a** . . . . . . . . . . . $1,500 Total . . . . . . . . . . . . . . . . . . . . . $30,000 Total . . . . . . . . . . . . . . . . . . . . . . . . $1,500 Note. The sum of the totals for each column should equal the amount reported in box 10 of your 2022 Form 1099-R. * Only include those amounts attributable to an in-plan Roth rollover. ** Only include any contributions (usually box 5 of Form 1099-R) that were taxable to you when made and attributable to an in-plan Roth rollover. Publication 575 (2022) Page 35 |
Page 36 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. General exceptions. The tax doesn’t apply to distri- • From an employee stock ownership plan for dividends butions that are: on employer securities held by the plan; • Made as part of a series of substantially equal periodic • From a qualified retirement plan due to an IRS levy of payments (made at least annually) for your life (or life the plan; expectancy) or the joint lives (or joint life expectan- • From elective deferral accounts under 401(k) or cies) of you and your designated beneficiary (if from a 403(b) plans, or similar arrangements, that are quali- qualified retirement plan, the payments must begin af- fied reservist distributions; ter separation from service) (see Substantially equal periodic payments, later); • Phased retirement annuity payments made to federal employees (see Pub. 721 for more information on the • Made because you are totally and permanently disa- phased retirement program); or bled (see Note, later); • From a qualified retirement plan (other than an IRA) • Made to you because you are terminally ill; or for a qualified birth or adoption (for more information, • Made on or after the death of the plan participant or see Qualified birth or adoption distributions, later). contract holder. Separation from service. In order to meet the re- Disabled. You are considered disabled if you can furnish quirements for the first exception in the list above, you proof that you can't do any substantial gainful activity be- must have separated from service in or after the year in cause of your physical or mental condition. A physician which you reach age 55 (or age 50 for qualified public must determine that your condition can be expected to re- safety employees). You can’t separate from service be- sult in death or be of a long, continued, or indefinite dura- fore that year, wait until you are age 55 (or age 50 for tion. qualified public safety employees), and take a distribution. Terminally ill individuals. Beginning on December 30, Example. George separated from service from his em- 2022, you are able to take a distribution from a qualified ployer at age 49. In the year he reached age 55, he took a retirement plan before reaching age 59 / and not have to 1 2 distribution from his retirement plan. Because he separa- pay the 10% additional tax on early distributions if you re- ted from service before he reached age 55, he didn’t meet ceive the distribution on or after the date you have been the requirements for the exception for a distribution made determined to be terminally ill by a physician. from a qualified retirement plan (other than an IRA) after separating from service in or after reaching age 55 (age Terminally ill. You are considered terminally ill if you 50 for qualified public safety employees). are certified by a physician as having an illness or physi- cal condition which can reasonably be expected to result Qualified public safety employees. If you are a in death in 84 months or less after the date of the certifica- qualified public safety employee, distributions made from tion. a governmental retirement plan aren’t subject to the addi- tional tax on early distributions. You are a qualified public Amount may be repaid. You may repay an amount safety employee if you provided police protection, fire- you received because you are certified terminally ill by fighting services, or emergency medical services for a making one or more contributions to the plan as long as state or municipality, and you separated from service in or the total of those contributions do not exceed the amount after the year you attained age 50. distributed to you as a terminally ill individual. For tax years beginning after 2015, the definition of Additional exceptions for qualified retirement qualified public safety employees is expanded to include: plans. The tax doesn’t apply to distributions that are: • Federal law enforcement officers, • From a qualified retirement plan (other than an IRA) • Federal customs and border protection officers, after your separation from service in or after the year you reached age 55 (age 50 for qualified public safety • Federal firefighters, employees) (see Separation from service, later); • Air traffic controllers, • From a qualified retirement plan (other than an IRA) to • Nuclear materials couriers, an alternate payee under a qualified domestic rela- • Members of the United States Capitol Police, tions order; • Members of the Supreme Court Police, and • From a qualified retirement plan to the extent you have deductible medical expenses that exceed 7.5% • Diplomatic security special agents of the United of your adjusted gross income, whether or not you States Department of State. itemize your deductions for the year; Qualified reservist distributions. A qualified reserv- • From an employer plan under a written election that ist distribution isn’t subject to the additional tax on early provides a specific schedule for distribution of your distributions. A qualified reservist distribution is a distribu- entire interest if, as of March 1, 1986, you had separa- tion (a) from elective deferrals under a section 401(k) or ted from service and had begun receiving payments 403(b) plan, or a similar arrangement; (b) to an individual under the election; ordered or called to active duty (because they are a mem- ber of a reserve component) for a period of more than 179 Page 36 Publication 575 (2022) |
Page 37 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. days or for an indefinite period; and (c) made during the For information on these methods, see Notice 2022-6 at period beginning on the date of the order or call and end- IRS.gov/irb/2022-05_IRB#NOT-2022-06. ing at the close of the active duty period. You must be or- A change from method (2) or (3) to method (1) dered or called to active duty after September 11, 2001. TIP isn’t treated as a modification to which the recap- You can choose to recontribute part or all of the ture tax (discussed next) applies. TIP distributions to an IRA. These additional contribu- tions must be made within 2 years after your ac- Note. For a series of substantially equal periodic pay- tive-duty period ends. Any amount recontributed must be ments in 2022, you may apply the guidance either in No- reported on Form 8606 as a nondeductible contribution. tice 2022-6 at IRS.gov/irb/2022-05_IRB#NOT-2022-06, or You can’t take a deduction for these contributions. How- in Revenue Ruling 2002-62 which is on page 710 of Inter- ever, the normal dollar limitations for contributions to IRAs nal Revenue Bulletin 2002-42 at IRS.gov/pub/irs-irbs/ don't apply to these special contributions, and you can irb02-42.pdf. make regular contributions to your IRA, up to the amount otherwise allowable. Recapture tax for changes in distribution method under equal payment exception. An early distribution Qualified birth or adoption distributions. A quali- recapture tax may apply if, before you reach age 59 / , the 1 2 fied birth or adoption distribution isn't subject to the addi- distribution method under the equal periodic payment ex- tional tax on early distributions. An individual can receive ception changes (for reasons other than your death or dis- up to $5,000 from an applicable eligible retirement plan for ability). The tax applies if the method changes from the a distribution made during the 1-year period beginning on method requiring equal payments to a method that the date on which a child of the individual is born or the wouldn’t have qualified for the exception to the tax. The date on which the legal adoption by the individual of an el- recapture tax applies to the first tax year to which the igible adoptee is finalized. For more information on quali- change applies. The amount of tax is the amount that fied birth or adoption distributions, see Notice 2020-68, would have been imposed had the exception not applied, which is on page 567 of Internal Revenue Bulletin (IRB) plus interest for the deferral period. 2020-38 at IRS.gov/pub/irs-irb20-38.pdf. The recapture tax also applies after you reach age 59 / if your payments under a distribution method that 1 2 Additional exceptions for nonqualified annuity qualifies for the exception are modified within 5 years of contracts. The tax doesn’t apply to distributions that are: the date of the first payment. In that case, the tax applies • From a deferred annuity contract to the extent alloca- only to payments distributed before you reach age 59 / .1 2 ble to investment in the contract before August 14, Report the recapture tax and interest on line 4 of Form 1982; 5329. Attach an explanation to the form. Don’t enter the explanation next to the line or enter any amount for the re- • From a deferred annuity contract under a qualified capture on line 1 or 3 of the form. personal injury settlement; • From a deferred annuity contract purchased by your Tax on Excess Accumulation employer upon termination of a qualified employee plan or qualified employee annuity plan and held by To make sure that most of your retirement benefits are your employer until your separation from service; or paid to you during your lifetime, rather than to your benefi- • From an immediate annuity contract (a single pre- ciaries after your death, the payments that you receive mium contract providing substantially equal annuity from qualified retirement plans must begin no later than payments that start within 1 year from the date of pur- your required beginning date (defined later). The pay- chase and are paid at least annually). ments each year can’t be less than the RMD. If the actual distributions to you in any year are less Substantially equal periodic payments. Payments than the RMD for that year, you are subject to an addi- are substantially equal periodic payments if they are made tional tax. The tax equals 50% of the part of the RMD that in accordance with one of the following methods. wasn’t distributed. 1. Required minimum distribution method. Under For this purpose, a qualified retirement plan includes: this method, the resulting annual payment is redeter- mined for each year. • A qualified employee plan, 2. Fixed amortization method. Under this method, the • A qualified employee annuity plan, resulting annual payment is determined once for the • An eligible section 457 deferred compensation plan, first distribution year and remains the same amount or for each succeeding year. • A tax-sheltered annuity plan (403(b) plan) (for benefits 3. Fixed annuitization method. Under this method, the accruing after 1986). resulting annual payment is determined once for the first distribution year and remains the same amount Waiver. The tax may be waived if you establish that the for each succeeding year. shortfall in distributions was due to reasonable error and that reasonable steps are being taken to remedy the shortfall. If you believe you qualify for this relief, you must Publication 575 (2022) Page 37 |
Page 38 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. file Form 5329, on the dotted line next to line 54 enter death and the employee dies after the required beginning “RC” and the amount you want waived in parentheses, date, any payments not made as of the time of death must and attach a letter of explanation. Subtract this amount generally be distributed at least as rapidly as under the from the total shortfall you figured without regard to the distribution method being used at the date of death. waiver and enter the result on line 54. In addition, if distributions are being made from a de- fined contribution plan and the employee's beneficiary is State insurer delinquency proceedings. You might not an eligible designated beneficiary, any payments not not receive the minimum distribution because assets are made as of the time of death must be distributed within 10 invested in a contract issued by an insurance company in years after the death of the employee. An eligible designa- state insurer delinquency proceedings. If your payments ted beneficiary is the employee's spouse, the employee's are reduced below the minimum because of these pro- child who has not reached majority, a disabled individual, ceedings, you should contact your plan administrator. Un- a chronically ill individual, or an individual not more than der certain conditions, you won’t have to pay the 50% ex- 10 years younger than the employee. cise tax. If the employee dies before the required beginning Required beginning date. Unless the rule for 5% own- date, the entire account must be distributed under one of ers applies, you must generally begin to receive distribu- the following rules. tions from your qualified retirement plan by April 1 of the • Rule 1. The distribution must be completed by De- year that follows the later of: cember 31 of the 5th year following the year of the • The calendar year in which you reach age 72, or employee's death if the employee was a participant in a defined benefit plan or if there's no designated ben- • The calendar year in which you retire from employ- eficiary. ment with the employer maintaining the plan. • Rule 2. The distribution must be completed by De- However, your plan may require you to begin to receive cember 31 of the 10th year following the year of the distributions by April 1 of the year that follows the year in employee's death if the employee was a participant in which you reach age 72 even if you haven’t retired. a defined contribution plan and designated an individ- 5% owners. If you are a 5% owner, you must begin to ual as the beneficiary under the plan. receive distributions from the plan by April 1 of the year • Rule 3. The distribution must be made in annual that follows the calendar year in which you reach age 72. amounts over the life of an individual designated as a This rule doesn’t apply if your retirement plan is a govern- beneficiary under a defined benefit plan or life expect- mental or church plan. ancy of an eligible designated beneficiary under a de- You are a 5% owner if, for the plan year ending in the fined contribution plan. calendar year in which you reach age 72, you own (or are The terms of the plan may determine which of these considered to own under section 318 of the Internal Reve- three rules applies. If the plan permits the employee or the nue Code) more than 5% of the outstanding stock (or eligible designated beneficiary to choose the rule that ap- more than 5% of the total voting power of all stock) of the plies, this choice must be made by the earliest date a dis- employer, or more than 5% of the capital or profits interest tribution would be required under either of the rules. Gen- in the employer. erally, this date is December 31 of the year following the Required distributions. By the required beginning date, year of the employee's death. you must either: If the employee or the eligible designated beneficiary didn’t choose a rule and the plan doesn’t specify the rule • Receive your entire interest in the plan (for a tax-shel- that applies, distribution must be made under Rule 3 if the tered annuity, your entire benefit accruing after 1986), employee has an eligible designated beneficiary (or in the or case of a defined benefit plan, an individual was designa- • Begin receiving periodic distributions in annual ted as the beneficiary under the plan) or under Rule 2 if amounts calculated to distribute your entire interest the employee was a participant in a defined contribution (for a tax-sheltered annuity, your entire benefit accru- plan, and has designated an individual as the beneficiary ing after 1986) over your life or life expectancy or over under the plan, but that individual isn't an eligible designa- the joint lives or joint life expectancies of you and a ted beneficiary. If an employee doesn't have a designated designated beneficiary (or over a shorter period). beneficiary, distribution must be made under Rule 1. Distributions under Rule 3 must generally begin by De- After the starting year for periodic distributions, you cember 31 of the year following the year of the employee's must receive at least the RMD for each year by December death. However, if the surviving spouse is the beneficiary, 31 of that year. (The starting year is the year in which you distributions need not begin until December 31 of the year reach age 72 or retire, whichever applies in determining the employee would have reached age 72, if later. your required beginning date.) If no distribution is made in If the surviving spouse is the designated beneficiary your starting year, the RMDs for 2 years must be made and distributions are to be made under Rule 3, a special the following year (one by April 1 and one by December rule applies if the spouse dies after the employee but be- 31). fore distributions are required to begin. In this case, distri- Distributions after the employee's death. If the em- butions may be made to the spouse's beneficiary under ployee was receiving periodic distributions before their either Rule 1, Rule 2, or Rule 3 as though the beneficiary Page 38 Publication 575 (2022) |
Page 39 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. were the employee's beneficiary and the employee died Estate tax deduction. You may be entitled to a deduc- on the spouse's date of death. However, if the surviving tion for estate tax if you receive amounts included in your spouse remarries after the employee's death and the new income as income in respect of a decedent under a joint spouse is designated as the spouse's beneficiary, this and survivor annuity that was included in the decedent's special rule applicable to surviving spouses doesn’t apply estate. You can deduct the part of the total estate tax that to the new spouse. was based on the annuity, provided that the decedent If distributions from a defined contribution plan began died after their annuity starting date. (For details, see Reg- under Rule 3 and the eligible designated beneficiary dies ulations section 1.691(d)-1.) Deduct it in equal amounts or a beneficiary who is a minor child reaches majority, dis- over your remaining life expectancy. tributions must be completed by December 31 of the 10th If the decedent died before the annuity starting date of year following the year of the beneficiary's death or the a deferred annuity contract and you receive a death bene- child reaching majority. fit under that contract, the amount you receive (either in a lump sum or as periodic payments) in excess of the dece- Minimum distributions from an annuity plan. Special dent's cost is included in your gross income as income in rules may apply if you receive distributions from your re- respect of a decedent for which you may be able to claim tirement plan in the form of an annuity. Your plan adminis- an estate tax deduction. trator should be able to give you information about these You can take the estate tax deduction as an itemized rules. deduction on Schedule A (Form 1040). This deduction isn’t subject to the 2%-of-adjusted-gross-income limit on Minimum distributions from an individual account miscellaneous deductions. See Pub. 559, Survivors, Ex- plan. Your plan administrator should be able to give you ecutors, and Administrators, for more information on the information about how the amount of your RMD was fig- estate tax deduction. ured. If there is an account balance to be distributed from Survivors of employees. Distributions the beneficiary of your plan (not as an annuity), your plan administrator must a deceased employee gets may be accrued salary pay- figure the minimum amount that must be distributed from ments; distributions from employee profit-sharing, pen- the plan each year. sion, annuity, or stock bonus plans; or other items. Some What types of installments are allowed? The mini- of these should be treated separately for tax purposes. mum amount that must be distributed for any year may be The treatment of these distributions depends on what they made in a series of installments (for example, monthly or represent. quarterly) as long as the total payments for the year made Salary or wages paid after the death of the employee by the date required aren’t less than the minimum amount are usually the beneficiary's ordinary income. If you are a required for the year. beneficiary of an employee who was covered by any of the retirement plans mentioned, you can exclude from in- More than minimum. Your plan can distribute more in come nonperiodic distributions received that totally relieve any year than the minimum amount required for that year; the payer from the obligation to pay an annuity. The but if it does, you won’t receive credit for the additional amount that you can exclude is equal to the deceased amount in determining the minimum amount required for employee's investment in the contract (cost). future years. However, any amount distributed in your If you are entitled to receive a survivor annuity on the starting year will be credited toward the amount required death of an employee, you can exclude part of each annu- to be distributed by April 1 of the following year. ity payment as a tax-free recovery of the employee's in- vestment in the contract. You must figure the taxable and Combining multiple accounts to satisfy the minimum tax-free parts of each payment using the method that ap- distribution requirements. Generally, the RMD must be plies as if you were the employee. For more information, figured separately for each account. Each qualified em- see Taxation of Periodic Payments, earlier. ployee retirement plan and qualified annuity plan must be considered individually in satisfying its distribution require- Survivors of retirees. Benefits paid to you as a survivor ments. However, if you have more than one tax-sheltered under a joint and survivor annuity must be included in your annuity account, you can total the RMDs and then satisfy gross income. Include them in income in the same way the requirement by taking distributions from any one (or the retiree would have included them in gross income. more) of the tax-sheltered annuities. See Partly Taxable Payments under Taxation of Periodic Payments, earlier. If the retiree reported the annuity under the 3-year Rule Survivors and Beneficiaries and recovered all of the cost tax free, your survivor pay- ments are fully taxable. Generally, a survivor or beneficiary reports pension or an- If the retiree was reporting the annuity under the Gen- nuity income in the same way the plan participant would eral Rule, you must apply the same exclusion percentage have reported it. However, some special rules apply, and to your initial survivor annuity payment called for in the they are covered elsewhere in this publication as well as contract. The resulting tax-free amount will then remain in this section. fixed for the initial and future payments. Increases in the survivor annuity are fully taxable. See Pub. 939 for more information on the General Rule. Publication 575 (2022) Page 39 |
Page 40 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If the retiree was reporting the annuity under the Simpli- If you received a distribution from an eligible retirement fied Method, the part of each payment that is tax free is plan to purchase or construct a main home but didn’t pur- the same as the tax-free amount figured by the retiree at chase or construct a main home because of a major dis- the annuity starting date. This amount remains fixed even aster, you may be able to repay the distribution and not if the annuity payments are increased or decreased. See pay income tax or the 10% additional tax on early distribu- Simplified Method under Taxation of Periodic Payments, tions. See Recontribution of Qualified Distributions for the earlier. Purchase or Construction of a Main Home, later. Guaranteed payments. If you receive guaranteed Use Forms 8915-C, 8915-D, and 8915-F to report payments as the decedent's beneficiary under a life annu- qualified disaster distributions and repayments. Also re- ity contract, don’t include any amount in your gross in- port recontributions of qualified distributions for home pur- come until your distributions plus the tax-free distributions chases and construction that were canceled because of received by the life annuitant equal the cost of the con- qualified 2018, 2019, 2020, or later disasters on Form tract. All later distributions are fully taxable. This rule 8915-C, 8915-D, or 8915-F, as applicable. doesn’t apply if it is possible for you to collect more than the guaranteed amount. For example, it doesn’t apply to Qualified Disaster Recovery payments under a joint and survivor annuity. Distributions A qualified disaster recovery distribution is a qualified dis- Disaster-Related Relief aster distribution that meets certain criteria as described in the SECURE 2.0 Act of 2022. It is a distribution made from an eligible retirement plan to an individual whose Introduction main home was in a qualified disaster area during the pe- Special rules apply to tax-favored withdrawals, income in- riod described in Qualified disaster recovery distribution, clusion, and repayments for individuals who suffered eco- later. This individual must have sustained an economic nomic losses as a result of certain major disasters. See loss because of the disaster. Qualified disaster recovery distributions, and Qualified Main home (principal place of abode). Generally, your Disaster Distributions, later, for more information. main home is the home where you live most of the time. A The principles set forth in Notice 2005-92, 2005-51 temporary absence due to special circumstances, such as I.R.B. 1165, available at IRS.gov/irb/2005-51_IRB (which illness, education, business, military service, evacuation, provides guidance on the tax-favored treatment of distri- or vacation, won’t change your main home. butions for victims of Hurricane Katrina), and Notice 2020-50, 2020-28 I.R.B. 35, available at IRS.gov/IRB/ Qualified disaster. A qualified disaster means any dis- 2020-28_IRB (which provides guidance on the tax-fa- aster declared by the President under section 401 of the vored treatment of distributions for individuals impacted Robert T. Stafford Disaster Relief and Emergency Assis- by the coronavirus pandemic), generally also apply to tance Act after December 27, 2020. these rules. Qualified disaster area. A qualified disaster area If you received a qualified disaster recovery distribution means any area with respect to which the major disaster or a qualified disaster distribution (both defined later), it is was declared under the Robert T. Stafford Disaster Relief taxable, but isn’t subject to the 10% additional tax on early and Emergency Assistance Act. This term does not in- distributions. The taxable amount is figured in the same clude any area which is a qualified disaster area solely by manner as other IRA distributions. However, the distribu- reason of section 301 of the Taxpayer Certainty and Dis- tion is included in income ratably over 3 years unless you aster Tax Relief Act of 2020. elect to report the entire amount in the year of distribution. A qualified disaster area under section 301 of the For example, if you received a $60,000 qualified disaster ! Taxpayer Certainty and Disaster Tax Relief Act of distribution in 2020, you can include $20,000 in your in- CAUTION 2020 would be a major disaster that was declared come in 2020, 2021, and 2022. However, you can elect to by the President during the period between January 1, include the entire distribution in your income in the year it 2020, and February 25, 2021. Also, this disaster must was received. Also, you can repay the distribution and not have an incident period that began on or after December be taxed on the distribution. See Repayment of Qualified 28, 2019, and on or before December 27, 2020, and must Disaster Distributions, later. have ended no later than January 26, 2021. The definition Please be advised the distribution limit for quali- of a qualified disaster loss does not extend to any major disaster which has been declared only by reason of ! fied disaster recovery distributions is not the same COVID-19. CAUTION as the limit for qualified disaster distributions. See Distribution limit for qualified disaster recovery distribu- tions and Distribution limit for qualified disaster distribu- Incident period. The incident period for any qualified tions, for more information. disaster is the period specified by the Federal Emergency Management Agency (FEMA) as the period during which the disaster occurred. Page 40 Publication 575 (2022) |
Page 41 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified disaster recovery distribution. A qualified period and who sustained an economic loss because of disaster recovery distribution is any distribution: the disaster. • Made on or after the first day of the incident period of Qualified disaster area for qualified disaster distri- a qualified disaster and before the date that is 180 butions. A qualified disaster area is any area with re- days after the applicable date with respect to such dis- spect to which a major disaster was declared after 2017 aster, and and before February 26, 2021, by the President under • Made to an individual whose principal place of abode section 401 of the Robert T. Stafford Disaster Relief and at any time during such qualified disaster is located in Emergency Assistance Act, except the California wildfire the qualified disaster area, and disaster area defined in the Bipartisan Budget Act of 2018, or any area with respect to which a major disaster • That individual has sustained an economic loss by has been declared solely due to COVID-19. reason of such qualified disaster. Incident period for qualified distributions. The inci- Economic loss. Qualified disaster distributions are per- dent period for any qualified disaster is the period speci- mitted without regard to your need or the actual amount of fied by the Federal Emergency Management Agency your economic loss. Examples of an economic loss in- (FEMA) as the period during which the disaster occurred, clude, but aren’t limited to: but not including any dates before 2018. This includes those disasters that occurred on or after December 28, 1. Loss, damage to, or destruction of real or personal 2020, and continued no later than January 26, 2021. property from fire, flooding, looting, vandalism, theft, wind, or other cause; Qualified disaster distribution. A qualified disaster dis- 2. Loss related to displacement from your home; or tribution for 2018, 2019, and 2020 disasters are those dis- tributions from an eligible retirement plan: 3. Loss of livelihood due to temporary or permanent lay- offs. 1. Made on or after the first day of the incident period of a qualified disaster and before June 17, 2020 (June Eligible retirement plan. An eligible retirement plan can 25, 2021, for a qualified 2020 disaster); be any of the following. 2. Made to an individual whose main home at any time • A qualified pension, profit-sharing, or stock bonus during the incident period of such qualified disaster plan (including a 401(k) plan). was in the qualified disaster area; and • The federal Thrift Savings Plan. 3. That individual sustained an economic loss because • A qualified annuity plan. of the disaster. • A tax-sheltered annuity contract. Distribution limit for qualified disaster distributions. • A governmental section 457 deferred compensation The total of your qualified disaster distributions from all plan. plans is limited to $100,000 per disaster for certain major disasters that occurred in 2018, 2019, and 2020. If you • A traditional, SEP, SIMPLE, or Roth IRA. take distributions from more than one type of plan, such Applicable date. The term applicable date means the as a 401(k) plan and an IRA, and the total amount of your latest of: distributions exceeds $100,000 for a single disaster, you may allocate the $100,000 limit among the plans by any • December 29, 2022; reasonable method you choose. • The first date of the incident period for the qualified disaster; or Example. In 2020, you received a distribution of $50,000. In 2021, you receive a distribution of $125,000 • The declaration date of the qualified disaster. for the same disaster. Separately, each distribution meets the requirements for a qualified disaster distribution. If you Distribution limit for qualified disaster recovery dis- decide to treat the entire $50,000 received in 2020 as a tributions. The total of your qualified disaster recovery qualified disaster distribution, only $50,000 of the 2021 distributions from all plans is limited to $22,000 per disas- distribution can be treated as a qualified disaster distribu- ter. If you take distributions from more than one type of tion for the same disaster. plan, such as a 401(k) plan and an IRA, and the total amount of your distribution exceeds $22,000, you may al- locate the $22,000 limit among the plans by any reasona- Taxation of Qualified Disaster ble method you choose. Distributions Qualified disaster distributions are included in income in Qualified Disaster Distributions equal amounts over 3 years. However, if you elect, you The definition of a qualified disaster distribution is a distri- can include the entire distribution in your income in the bution made from an eligible retirement plan to an individ- year it was received. ual whose main home was in a qualified disaster area Qualified disaster distributions aren’t subject to the (described next) at any time during that disaster’s incident 10% additional tax (or the additional 25% tax for certain Publication 575 (2022) Page 41 |
Page 42 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. distributions from SIMPLE IRAs) on early distributions 2018 disaster distribution), a revised Form 8915-D (if the from qualified retirement plans (including IRAs). Also, if repayment is of a qualified 2019 disaster distribution), or a you are receiving substantially equal periodic payments revised Form 8915-F (in the case of qualified disasters from a qualified retirement plan, the receipt of a qualified that occurred in 2020 and later years). See Amending disaster distribution from that plan won't be treated as a Your Return, later. change in those substantially equal payments merely be- cause of the qualified disaster distribution. However, any Example. Maria received a $45,000 qualified disaster distributions you received in excess of the $100,000 quali- distribution on November 1, 2020. After receiving reim- fied disaster distribution limit may be subject to the addi- bursement from her insurance company for a casualty tional tax on early distributions. loss, Maria repaid $45,000 of the qualified distribution on March 31, 2021. She reported the distribution and the re- payment on Form 8915-E, which she filed with her timely Repayment of Qualified Disaster filed 2020 tax return. As a result, no portion of the distribu- Distributions tion is included in income on her return. If you choose, you can generally repay any portion of a Repayment of distributions if reporting under the qualified disaster distribution that is eligible for tax-free 3-year method. If you are reporting the qualified disaster rollover treatment to an eligible retirement plan. Also, you distribution in income over a 3-year period and you repay can repay a qualified disaster distribution made on ac- any portion of the qualified disaster distribution to an eligi- count of a hardship from a retirement plan. However, see ble retirement plan before filing your 2020 tax return, the exceptions, later, for qualified disaster distributions you repayment will reduce the portion of the distribution that is can't repay. included in income in 2020. If you repay a portion after the You have 3 years from the day after the date you re- due date (including extensions) for filing your 2020 return, ceived the distribution to make a repayment. The amount the repayment will reduce the portion of the distribution of your repayment can't be more than the amount of the that is included in income on your 2021 return, unless you original distribution. Amounts that are repaid are treated are eligible to amend your 2018, 2019, or 2020 return, as as a trustee-to-trustee transfer and aren't included in in- applicable. If, during a year in the 3-year period, you repay come. Also, for purposes of the one-rollover-per-year limi- more than is otherwise includible in income for that year, tation for IRAs, a repayment to an IRA isn't considered a the excess may be carried forward or back to reduce the rollover. For more information on how to report distribu- amount included in income for the year. tions and repayments, see the Instructions for Form Example. John received a $90,000 qualified disaster 8915-C (in the case of qualified 2018 disasters), the In- distribution from his pension plan on November 15, 2019. structions for Form 8915-D (in the case of qualified 2019 He doesn't elect to include the entire distribution in his disasters), or the Instructions for Form 8915-F (in the case 2019 income, but elects to include $30,000 on each of his of qualified disasters that occurred in 2020 and later 2019, 2020, and 2021 returns. On November 10, 2020, years). John repays $45,000. He makes no other repayments Exceptions. You can't repay the following types of distri- during the allowable 3-year period. John may report the butions. distribution and repayment in either of the following ways. 1. Qualified disaster distributions received as a benefi- • Report $0 in income on his 2020 return, and carry the ciary (other than as a surviving spouse). $15,000 excess repayment ($45,000 – $30,000) for- ward to 2021 and reduce the amount reported in that 2. RMDs. year to $15,000. 3. Periodic payments (other than from an IRA) that are • Report $0 in income on his 2020 return, report for: $30,000 on his 2021 return, and file an amended re- turn for 2019 to reduce the amount previously inclu- a. A period of 10 years or more, ded in income to $15,000 ($30,000 – $15,000). b. Your life or life expectancy, or c. The joint lives or joint life expectancies of you and Recontribution of Qualified your beneficiary. Distributions for the Purchase or Repayment of distributions if reporting under the Construction of a Main Home 1-year election. If you elect to include all of your quali- If you received a qualified distribution to purchase or con- fied disaster distributions received in a year in income for struct a main home in certain major disaster areas, you that year and then repay any portion of the distributions can repay all or any part of that distribution to an eligible during the allowable 3-year period, the amount repaid will retirement plan during the period beginning on the first reduce the amount included in income for the year of dis- day of the incident period of a qualified disaster and end- tribution. If the repayment is made after the due date (in- ing on June 17, 2020 (June 25, 2021, for qualified 2020 cluding extensions) for your return for the year of distribu- distributions). tion, you will need to file, with an amended return, a revised Form 8915-C (if the repayment is of a qualified Page 42 Publication 575 (2022) |
Page 43 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To be a qualified distribution, the distribution must meet 1. Your principal residence at any time during that disas- all of the following requirements. ter’s incident period is located in the qualified disaster area with respect to the disaster; and • The distribution is a hardship distribution from a 401(k) plan, a hardship distribution from a tax-shel- 2. You have experienced an economic loss because of tered annuity plan (403(b) plan), or a qualified the disaster. first-time homebuyer distribution from an IRA. Examples of an economic loss include, but aren't limi- • The distribution was received during the period begin- ted to: ning on the date that is 180 days before the first day of the incident period of the qualified disaster and ending • Loss, damage to, or destruction of real or personal on the date that is 30 days after the last day of such property from fire, flooding, looting, vandalism, theft, incident period. wind, or other cause; • The distribution was to be used to purchase or con- • Loss related to displacement from your home; or struct a main home in the disaster area and the home • Loss of livelihood due to temporary or permanent lay- wasn't purchased or constructed because of the dis- offs. aster. Limits on plan loans. The $50,000 limit on plan loans is Any amount that is recontributed during the period be- increased to a maximum of $100,000. Also, the additional ginning on the first day of the incident period of such quali- 50% of the present value of your nonforfeitable vested ac- fied disaster and ending on June 17, 2020 (June 25, crued benefit limit is increased to 100%. 2021, for qualified 2020 distributions), is treated as a The higher limits apply to loans made during the follow- trustee-to-trustee transfer and isn't included in income. ing periods. Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA isn't considered a roll- • Loans made during the period beginning on Septem- over. ber 29, 2017 (or February 9, 2018, if in the California wildfire disaster area), and ending on December 31, A qualified distribution not recontributed before June 2018. 18, 2020 (June 25, 2021, for qualified 2020 distributions), may be taxable for the year distributed and subject to the • Loans made during the period beginning on Decem- additional 10% tax (or the additional 25% tax for certain ber 20, 2019, and ending on June 17, 2020, for quali- SIMPLE IRAs) on early distributions. fied 2018 and 2019 disasters. See Form 8915-C (for qualified 2018 disaster distribu- • Loans made during the period beginning December 27, 2020, and ending on June 24, 2021, for qualified tions), Form 8915-D (for qualified 2019 disaster distribu- 2020 disasters. tions), or Form 8915-F (for qualified 2020 disaster distri- butions) if you received a qualified distribution that you • Loans made during the incident period of a disaster repaid, in whole or in part, before June 18, 2020 (June 25, beginning on or after January 26, 2021, and ending 2021, for qualified 2020 distributions). 180-days after the applicable date for that disaster. The applicable date for a qualified disaster would be Recontributing a qualified home purchase distribu- the latest of: tion under the SECURE 2.0 Act of 2020. The require- ments of the distribution are the same as a qualified home • January 26, 2021; or purchase distribution received for a home purchase or • The first day of the incident period with respect to the construction. You must make the recontribution (or recon- qualified disaster; or tributions) during the applicable period for the disaster. The applicable period for the disaster is the period be- • The date of the declaration with respect to the quali- ginning on the first day of the incident period of such quali- fied disaster. fied disaster and ending on the date that is 180 days after the applicable date for that disaster. 1-year suspension of plan loan payments. Payments on loans that become due during the period beginning on the qualified beginning date and ending on the date that is Loans From Qualified Plans 180 days after the last day of the incident period may be suspended for 1 year (suspension period) by the adminis- The following special rules are available to qualified indi- trator. The qualified beginning date is: viduals. • Increase to the limit for loans from employer retire- • The first day of the incident period of a qualified 2018, 2019, or 2020 disaster. ment plans. • A 1-year suspension for payments due on plan loans. • The first day of the incident period of a qualified disas- ter that was declared by the President under section Qualified individual. You are a qualified individual if 401 of the Robert T. Stafford Disaster Relief and both of the following apply. Emergency Assistance Act after December 27, 2020, and which begins on or after January 26, 2021. Publication 575 (2022) Page 43 |
Page 44 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you are a qualified individual based on more than one If you make a repayment by the due date of your origi- disaster, use the suspension period with the earliest be- nal return (including extensions), include the repayment ginning date. on your amended return. If you make a repayment after the due date of your orig- Coronavirus-Related Distributions inal return (including extensions), include it on your amen- In tax year 2020, you were able to take a coronavirus-rela- ded return only if either of the following applies. ted distribution from a retirement plan if that distribution • You elected to include all of your qualified disaster was made: distributions in income in the year of the distributions 1. Before December 31, 2020; and (not over 3 years) on your original return. 2. To a qualified individual. • The amount of the repayment exceeds the portion of the qualified disaster distributions that is includible in Generally, you were a qualified individual if you, your income for 2021 and you choose to carry the excess spouse, or dependent was diagnosed with the virus back to your 2019 or 2020 tax return. SARS-Covid-2 or with coronavirus disease 2019 (COVID-19) or if you experienced adverse financial con- Example. You received a qualified disaster distribution sequences as a result of the coronavirus pandemic. in the amount of $90,000 on October 16, 2019. You choose to spread the $90,000 over 3 years ($30,000 in in- Repayment of Qualified come for 2019, 2020, and 2021). On November 19, 2021, you make a repayment of $45,000. For 2021, none of the Coronavirus-Related Distributions qualified disaster distribution is includible in income. The The 1-year election. If you made a qualified coronavi- excess repayment of $15,000 can be carried back to 2020 rus-related distribution before December 31, 2020, you or 2019, as applicable. could elect to include all that distribution in your income for 2020 and then repay any portion of it during the allowa- Information for Eligible Retirement Plans ble 3-year period. The amount repaid reduces the amount included in income for the year of the distribution. A plan administrator may choose whether to treat a distri- bution as a qualified 2018, 2019, and 2020 disaster distri- The 3-year election. If you are reporting the qualified co- bution, or whether to accept a rollover of a qualified disas- ronavirus-related distribution in income over a 3-year pe- ter distribution and may develop reasonable procedures riod and, during a year in the 3-year period, you repay for determining whether distributions are qualified disaster more than is otherwise includible income for that year, the distributions. However, the treatment of qualified disaster excess may be carried forward or back to reduce the distributions must be consistent under each plan. The amount included in income for the year. payment of a qualified disaster distribution to an individual If the repayment is made after the due date (including must be reported on Form 1099-R. This reporting is re- extensions) for your return for the year of distribution, you quired even if the individual recontributes the qualified dis- will need to file a revised Form 8915-F. See Amending aster distribution to the same plan in the same year. If a Your Return, later. payer is treating the payment as a qualified disaster distri- bution and no other appropriate code applies, the payer is Example. John received a $90,000 qualified coronavi- permitted to use distribution code “2” (early distribution, rus-related distribution from his IRA on March 15, 2020. exception applies) in box 7 of Form 1099-R. However, a He elected to include $30,000 on each of his 2020, 2021, payer in this case is also permitted to use distribution and 2022 tax returns. John repaid $45,000 on November code “1” (early distribution, no known exception) in box 7 10, 2020. He makes no other repayments during the al- of Form 1099-R. lowable 3-year period. John reported $0 in income on his 2020 return and carried the $15,000 excess repayment Mandatory 60-Day Postponement ($45,000 – $30,000) to 2021 and reduces the amount he reports to $15,000. John will report $30,000 on his 2022 Certain taxpayers affected by a federally declared disas- tax return. ter that occurs after December 20, 2019, may be eligible for a mandatory 60-day postponement for certain tax Other Disaster Issues deadlines such as filing or paying income, excise, and employment taxes; and making contributions to a tradi- Amending Your Return tional IRA or Roth IRA. If, after filing your original return, you make a repayment, The period beginning on the earliest incident date the repayment may reduce the amount of your qualified specified in the disaster declaration and ending on the disaster distributions that were previously included in in- date that is 60 days after either the earliest incident date come. Depending on when a repayment is made, you or the date of the declaration, whichever is later, is the pe- may need to file an amended tax return to refigure your riod during which the deadlines are postponed. For infor- taxable income. mation about disaster relief available in your area, includ- ing extensions, go to IRS News Around the Nation. Page 44 Publication 575 (2022) |
Page 45 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Using online tools to help prepare your return. Go to IRS.gov/Tools for the following. How To Get Tax Help • The Earned Income Tax Credit Assistant IRS.gov/ ( If you have questions about a tax issue; need help prepar- EITCAssistant) determines if you’re eligible for the ing your tax return; or want to download free publications, earned income credit (EIC). forms, or instructions, go to IRS.gov to find resources that • The Online EIN Application IRS.gov/EIN ( ) helps you can help you right away. get an employer identification number (EIN) at no cost. Preparing and filing your tax return. After receiving all your wage and earnings statements (Forms W-2, W-2G, • The Tax Withholding Estimator IRS.gov/W4app ( ) 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment makes it easier for you to estimate the federal income compensation statements (by mail or in a digital format) or tax you want your employer to withhold from your pay- other government payment statements (Form 1099-G); check. This is tax withholding. See how your withhold- and interest, dividend, and retirement statements from ing affects your refund, take-home pay, or tax due. banks and investment firms (Forms 1099), you have sev- • The First-Time Homebuyer Credit Account Look-up eral options to choose from to prepare and file your tax re- (IRS.gov/HomeBuyer) tool provides information on turn. You can prepare the tax return yourself, see if you your repayments and account balance. qualify for free tax preparation, or hire a tax professional to prepare your return. • The Sales Tax Deduction Calculator IRS.gov/ ( SalesTax) figures the amount you can claim if you Free options for tax preparation. Go to IRS.gov to see itemize deductions on Schedule A (Form 1040). your options for preparing and filing your return online or Getting answers to your tax questions. On in your local community, if you qualify, which include the IRS.gov, you can get up-to-date information on following. current events and changes in tax law. • Free File. This program lets you prepare and file your • IRS.gov/Help: A variety of tools to help you get an- federal individual income tax return for free using swers to some of the most common tax questions. brand-name tax-preparation-and-filing software or Free File fillable forms. However, state tax preparation • IRS.gov/ITA: The Interactive Tax Assistant, a tool that may not be available through Free File. Go to IRS.gov/ will ask you questions and, based on your input, pro- FreeFile to see if you qualify for free online federal tax vide answers on a number of tax law topics. preparation, e-filing, and direct deposit or payment op- • IRS.gov/Forms: Find forms, instructions, and publica- tions. tions. You will find details on the most recent tax • VITA. The Volunteer Income Tax Assistance (VITA) changes and interactive links to help you find answers program offers free tax help to people with to your questions. low-to-moderate incomes, persons with disabilities, • You may also be able to access tax law information in and limited-English-speaking taxpayers who need your electronic filing software. help preparing their own tax returns. Go to IRS.gov/ VITA, download the free IRS2Go app, or call 800-906-9887 for information on free tax return prepa- Need someone to prepare your tax return? There are ration. various types of tax return preparers, including enrolled agents, certified public accountants (CPAs), accountants, • TCE. The Tax Counseling for the Elderly (TCE) pro- and many others who don’t have professional credentials. gram offers free tax help for all taxpayers, particularly If you choose to have someone prepare your tax return, those who are 60 years of age and older. TCE volun- choose that preparer wisely. A paid tax preparer is: teers specialize in answering questions about pen- sions and retirement-related issues unique to seniors. • Primarily responsible for the overall substantive accu- Go to IRS.gov/TCE, download the free IRS2Go app, racy of your return, or call 888-227-7669 for information on free tax return • Required to sign the return, and preparation. • Required to include their preparer tax identification • MilTax. Members of the U.S. Armed Forces and number (PTIN). qualified veterans may use MilTax, a free tax service offered by the Department of Defense through Military Although the tax preparer always signs the return, OneSource. For more information, go to you're ultimately responsible for providing all the informa- MilitaryOneSource MilitaryOneSource.mil/MilTax ( ). tion required for the preparer to accurately prepare your Also, the IRS offers Free Fillable Forms, which can return. Anyone paid to prepare tax returns for others be completed online and then filed electronically re- should have a thorough understanding of tax matters. For gardless of income. more information on how to choose a tax preparer, go to Tips for Choosing a Tax Preparer on IRS.gov. Coronavirus. Go to IRS.gov/Coronavirus for links to in- formation on the impact of the coronavirus, as well as tax Publication 575 (2022) Page 45 |
Page 46 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. relief available for individuals and families, small and large Note. Form 9000, Alternative Media Preference, or businesses, and tax-exempt organizations. Form 9000(SP) allows you to elect to receive certain types of written correspondence in the following formats. Employers can register to use Business Services On- line. The Social Security Administration (SSA) offers on- • Standard Print. line service at SSA.gov/employer for fast, free, and secure • Large Print. online W-2 filing options to CPAs, accountants, enrolled Braille. • agents, and individuals who process Form W-2, Wage and Tax Statement, and Form W-2c, Corrected Wage and • Audio (MP3). Tax Statement. • Plain Text File (TXT). IRS social media. Go to IRS.gov/SocialMedia to see the • Braille Ready File (BRF). various social media tools the IRS uses to share the latest Disasters. Go to Disaster Assistance and Emergency information on tax changes, scam alerts, initiatives, prod- Relief for Individuals and Businesses to review the availa- ucts, and services. At the IRS, privacy and security are ble disaster tax relief. our highest priority. We use these tools to share public in- formation with you. Don’t post your social security number Getting tax forms and publications. Go to IRS.gov/ (SSN) or other confidential information on social media Forms to view, download, or print all the forms, instruc- sites. Always protect your identity when using any social tions, and publications you may need. Or, you can go to networking site. IRS.gov/OrderForms to place an order. The following IRS YouTube channels provide short, in- formative videos on various tax-related topics in English, Getting tax publications and instructions in eBook Spanish, and ASL. format. You can also download and view popular tax • Youtube.com/irsvideos. publications and instructions (including the Instructions for Form 1040) on mobile devices as eBooks at IRS.gov/ • Youtube.com/irsvideosmultilingua. eBooks. • Youtube.com/irsvideosASL. Note. IRS eBooks have been tested using Apple's Watching IRS videos. The IRS Video portal iBooks for iPad. Our eBooks haven’t been tested on other (IRSVideos.gov) contains video and audio presentations dedicated eBook readers, and eBook functionality may for individuals, small businesses, and tax professionals. not operate as intended. Online tax information in other languages. You can Access your online account (individual taxpayers find information on IRS.gov/MyLanguage if English isn’t only). Go to IRS.gov/Account to securely access infor- your native language. mation about your federal tax account. • View the amount you owe and a breakdown by tax Free Over-the-Phone Interpreter (OPI) Service. The year. IRS is committed to serving our multilingual customers by offering OPI services. The OPI Service is a federally fun- • See payment plan details or apply for a new payment ded program and is available at Taxpayer Assistance plan. Centers (TACs), other IRS offices, and every VITA/TCE • Make a payment or view 5 years of payment history return site. The OPI Service is accessible in more than and any pending or scheduled payments. 350 languages. • Access your tax records, including key data from your Accessibility Helpline available for taxpayers with most recent tax return, and transcripts. disabilities. Taxpayers who need information about ac- • View digital copies of select notices from the IRS. cessibility services can call 833-690-0598. The Accessi- bility Helpline can answer questions related to current and • Approve or reject authorization requests from tax pro- future accessibility products and services available in al- fessionals. ternative media formats (for example, braille, large print, • View your address on file or manage your communi- audio, etc.). The Accessibility Helpline does not have ac- cation preferences. cess to your IRS account. For help with tax law, refunds, or account-related issues, go to IRS.gov/LetUsHelp. Tax Pro Account. This tool lets your tax professional submit an authorization request to access your individual taxpayer IRS online account. For more information, go to IRS.gov/TaxProAccount. Using direct deposit. The fastest way to receive a tax refund is to file electronically and choose direct deposit, which securely and electronically transfers your refund di- rectly into your financial account. Direct deposit also avoids the possibility that your check could be lost, stolen, destroyed, or returned undeliverable to the IRS. Eight in Page 46 Publication 575 (2022) |
Page 47 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 10 taxpayers use direct deposit to receive their refunds. If • Electronic Funds Withdrawal: Schedule a payment you don’t have a bank account, go to IRS.gov/ when filing your federal taxes using tax return prepara- DirectDeposit for more information on where to find a tion software or through a tax professional. bank or credit union that can open an account online. • Electronic Federal Tax Payment System: Best option Getting a transcript of your return. The quickest way for businesses. Enrollment is required. to get a copy of your tax transcript is to go to IRS.gov/ • Check or Money Order: Mail your payment to the ad- Transcripts. Click on either “Get Transcript Online” or “Get dress listed on the notice or instructions. Transcript by Mail” to order a free copy of your transcript. If you prefer, you can order your transcript by calling • Cash: You may be able to pay your taxes with cash at a participating retail store. 800-908-9946. • Same-Day Wire: You may be able to do same-day Reporting and resolving your tax-related identity wire from your financial institution. Contact your finan- theft issues. cial institution for availability, cost, and time frames. • Tax-related identity theft happens when someone Note. The IRS uses the latest encryption technology to steals your personal information to commit tax fraud. ensure that the electronic payments you make online, by Your taxes can be affected if your SSN is used to file a phone, or from a mobile device using the IRS2Go app are fraudulent return or to claim a refund or credit. safe and secure. Paying electronically is quick, easy, and • The IRS doesn’t initiate contact with taxpayers by faster than mailing in a check or money order. email, text messages (including shortened links), tele- phone calls, or social media channels to request or What if I can’t pay now? Go to IRS.gov/Payments for verify personal or financial information. This includes more information about your options. requests for personal identification numbers (PINs), • Apply for an online payment agreement IRS.gov/ ( passwords, or similar information for credit cards, OPA) to meet your tax obligation in monthly install- banks, or other financial accounts. ments if you can’t pay your taxes in full today. Once • Go to IRS.gov/IdentityTheft, the IRS Identity Theft you complete the online process, you will receive im- Central webpage, for information on identity theft and mediate notification of whether your agreement has data security protection for taxpayers, tax professio- been approved. nals, and businesses. If your SSN has been lost or • Use the Offer in Compromise Pre-Qualifier to see if stolen or you suspect you’re a victim of tax-related you can settle your tax debt for less than the full identity theft, you can learn what steps you should amount you owe. For more information on the Offer in take. Compromise program, go to IRS.gov/OIC. • Get an Identity Protection PIN (IP PIN). IP PINs are six-digit numbers assigned to taxpayers to help pre- Filing an amended return. Go to IRS.gov/Form1040X vent the misuse of their SSNs on fraudulent federal in- for information and updates. come tax returns. When you have an IP PIN, it pre- Checking the status of your amended return. Go to vents someone else from filing a tax return with your IRS.gov/WMAR to track the status of Form 1040-X amen- SSN. To learn more, go to IRS.gov/IPPIN. ded returns. Ways to check on the status of your refund. Note. It can take up to 3 weeks from the date you filed • Go to IRS.gov/Refunds. your amended return for it to show up in our system, and processing it can take up to 16 weeks. • Download the official IRS2Go app to your mobile de- vice to check your refund status. Understanding an IRS notice or letter you’ve re- • Call the automated refund hotline at 800-829-1954. ceived. Go to IRS.gov/Notices to find additional informa- tion about responding to an IRS notice or letter. Note. The IRS can’t issue refunds before mid-Febru- ary for returns that claimed the EIC or the additional child Note. You can use Schedule LEP (Form 1040), Re- tax credit (ACTC). This applies to the entire refund, not quest for Change in Language Preference, to state a pref- just the portion associated with these credits. erence to receive notices, letters, or other written commu- nications from the IRS in an alternative language. You Making a tax payment. Go to IRS.gov/Payments for in- may not immediately receive written communications in formation on how to make a payment using any of the fol- the requested language. The IRS’s commitment to LEP lowing options. taxpayers is part of a multi-year timeline that is scheduled • IRS Direct Pay: Pay your individual tax bill or estima- to begin providing translations in 2023. You will continue ted tax payment directly from your checking or sav- to receive communications, including notices and letters ings account at no cost to you. in English until they are translated to your preferred lan- guage. • Debit or Credit Card: Choose an approved payment processor to pay online or by phone. Publication 575 (2022) Page 47 |
Page 48 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Contacting your local IRS office. Keep in mind, many • You face (or your business is facing) an immediate questions can be answered on IRS.gov without visiting an threat of adverse action; or IRS TAC. Go to IRS.gov/LetUsHelp for the topics people • You’ve tried repeatedly to contact the IRS but no one ask about most. If you still need help, IRS TACs provide has responded, or the IRS hasn’t responded by the tax help when a tax issue can’t be handled online or by date promised. phone. All TACs now provide service by appointment, so you’ll know in advance that you can get the service you need without long wait times. Before you visit, go to How Can You Reach TAS? IRS.gov/TACLocator to find the nearest TAC and to check TAS has offices in every state, the District of Columbia, hours, available services, and appointment options. Or, and Puerto Rico. Your local advocate’s number is in your on the IRS2Go app, under the Stay Connected tab, local directory and at TaxpayerAdvocate.IRS.gov/ choose the Contact Us option and click on “Local Offices.” Contact-Us. You can also call them at 877-777-4778. The Taxpayer Advocate Service (TAS) How Else Does TAS Help Taxpayers? Is Here To Help You TAS works to resolve large-scale problems that affect What Is TAS? many taxpayers. If you know of one of these broad issues, report it to them at IRS.gov/SAMS. TAS is an independent organization within the IRS that helps taxpayers and protects taxpayer rights. Their job is TAS for Tax Professionals to ensure that every taxpayer is treated fairly and that you know and understand your rights under the Taxpayer Bill TAS can provide a variety of information for tax professio- of Rights. nals, including tax law updates and guidance, TAS pro- grams, and ways to let TAS know about systemic prob- How Can You Learn About Your Taxpayer lems you’ve seen in your practice. Rights? Low Income Taxpayer Clinics (LITCs) The Taxpayer Bill of Rights describes 10 basic rights that all taxpayers have when dealing with the IRS. Go to LITCs are independent from the IRS. LITCs represent in- TaxpayerAdvocate.IRS.gov to help you understand what dividuals whose income is below a certain level and need these rights mean to you and how they apply. These are to resolve tax problems with the IRS such as audits, ap- your rights. Know them. Use them. peals, and tax collection disputes. In addition, LITCs can provide information about taxpayer rights and responsibili- What Can TAS Do for You? ties in different languages for individuals who speak Eng- lish as a second language. Services are offered for free or TAS can help you resolve problems that you can’t resolve a small fee for eligible taxpayers. To find an LITC near with the IRS. And their service is free. If you qualify for you, go to TaxpayerAdvocate.IRS.gov/about-us/Low- their assistance, you will be assigned to one advocate Income-Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low who will work with you throughout the process and will do Income Taxpayer Clinic List. everything possible to resolve your issue. TAS can help you if: • Your problem is causing financial difficulty for you, your family, or your business; Page 48 Publication 575 (2022) |
Page 49 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet A. Simplified Method Keep for Your Records 1. Enter the total pension or annuity payments received this year. Also, add this amount to the total for Form 1040, 1040-SR, or 1040-NR, line 5a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion.* See Cost (Investment in the Contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Note: If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below (even if the amount of your pension or annuity has changed). Otherwise, go to line 3. 3. Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Divide line 2 by the number on line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise, go to line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Enter any amounts previously recovered tax free in years after 1986. This is the amount shown on line 10 of your worksheet for last year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Subtract line 6 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Enter the smaller of line 5 or line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, 1040-SR, or 1040-NR, line 5b. Note: If your Form 1099-R shows a larger taxable amount, use the amount figured on this line instead. If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety Officers before entering an amount on your tax return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. 10. Was your annuity starting date before 1987? Yes. STOP. Don’t complete the rest of this worksheet. No. Add lines 6 and 8. This is the amount you have recovered tax free through 2022. You will need this number if you need to fill out this worksheet next year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 11. Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you won’t have to complete this worksheet next year. The payments you receive next year will generally be fully taxable . . . . . . 11. * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996. Table 1 for Line 3 Above AND your annuity starting date was— IF the age at annuity BEFORE November 19, AFTER November 18, starting date was... 1996, enter on line 3... 1996, enter on line 3... 55 or under 300 360 56–60 260 310 61–65 240 260 66–70 170 210 71 or older 120 160 Table 2 for Line 3 Above IF the combined ages at THEN enter annuity starting date were... on line 3... 110 or under 410 111–120 360 121–130 310 131–140 260 141 or older 210 Publication 575 (2022) Page 49 |
Page 50 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 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. Disaster-related relief 40 Form RRB-1099-R 8 10% tax for early withdrawal 29 Distributions 27 Form W-4P: 403(b) plans: (See also Rollovers) Withholding from retirement plan Defined 5 Beginning date for 38 payments 10 Loans from, without tax Early distributions and penalty tax 29, Form W-4V: consequences 19 33 Voluntary withholding request for social Simplified Method to be used 13 Employer securities 16 security or railroad retirement 5% owners 38 Loans treated as 19 benefits 11 Lump-sum 16 21 26, - Frozen deposits 30 A Minimum required 37 Fully taxable payments 12 Alimony (See Qualified domestic relations Nonperiodic, taxation of 16 orders (QDROs)) Periodic, taxation of 12 G Amending your return 44 Public safety employees 36 General Rule 13 14, Annuities Qualified reservist 36 Death of retiree under 39 5% rate on early distributions 33 U.S. savings bonds 18 Investment in the contract, Defined 4 Dividends 16 determination of 11 Fixed-period 5 14, Guaranteed payments 13 Guaranteed payments 40 E Joint and survivor annuities 5 Early withdrawal from deferred interest H Minimum distributions from 39 account: Home purchase: Payments under 6 Penalty tax on 29 33, Loans from qualified plans for 19 Qualified plan annuity starting before Eligible retirement plan 44 November 19, 1996 13 Employer securities, distributions I Rollovers 30 of 16 In-plan Roth rollovers 31 Single-life 5 14, Estate tax 23 Individual retirement accounts: Starting date of 11 13 16, , Deduction 39 Minimum distributions from 39 Before November 19, 1996 16 Estimated tax 11 Rollovers 28 Distribution on or after 17 Excess accumulation, tax on 37 Interest deduction: Transfers of contracts 20 Excess plan contributions, corrective Types of 5 distributions of 16 Denial on loan from plan 20 Variable annuities 5 6, Assistance (See Tax help) F J Figuring taxable amount 16 18- Joint and survivor annuities 5 B Fixed-period annuities 5 14, Beneficiaries 39 Foreign employment contributions 11 L Form: Loans treated as distributions 19 C 4972 21 Local government employees: Capital gains: W-4P 10 Section 457 plans 6 Lump-sum distributions 23 Form 1040: Losses: Cash withdrawals (See Nonperiodic Rollovers 31 Lump-sum distribution 23 payments) Form 1040-X: Lump-sum distributions 16 21 26, - Child support (See Qualified domestic Changing your mind on lump-sum 10-year tax option 23 relations orders (QDROs)) treatment 22 Capital gain treatment 23 Coronavirus-Related Distributions 44 Form 1099-INT: Defined 21 Corrective distributions of excess plan U.S. savings bonds distributions 18 Election of 22 contributions 16 Form 1099-R: Form 4972 21 Costs: 10-year tax option for lump-sum Investment in the contract 11 distribution 23 M Lump-sum distribution, determination Corrected form 3 Mandatory 60-day postponement 44 for 23 Corrective distributions of excess plan Military and government disability contributions 16 pensions: D Exceptions to tax 35 Service-connected disability 7 Death benefits 6 Investment in the contract 11 Minimum required distributions 37 Death of employee 38 39, Loan treated as distribution from Missing children, photographs of 3 Death of retiree 39 plan 20 Multiple annuitants 14 Deductible voluntary employee Rollovers 31 Multiple-lives annuities 14 contributions 12 Tax-free exchanges 21 Defined contribution plans 18 Form 4972: N Designated Roth accounts: 10-year tax option for lump-sum Costs 11 distribution 23 Net Investment Income Tax 5 18, Defined 4 Lump-sum distributions 21 22, Net unrealized appreciation (NUA) 23 Qualified distributions 12 Form 5329: Deferring tax on 16 Rollovers 31 Recapture tax 37 Nonperiodic payments: Disability pensions 5 6, Special additional taxes (penalty Loan treated as 19 taxes) 33 35, Page 50 Publication 575 (2022) |
Page 51 of 51 Fileid: … tions/p575/2022/a/xml/cycle05/source 12:54 - 12-Apr-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Taxation of 16 Rollovers 28 Investment in the contract, Nonqualified plans: Qualified public safety employees 36 determination of 11 Distribution before annuity start date 18 Qualified settlement income: Not allowed 14 General Rule to be used 16 Exxon Valdez litigation settlement 32 Single-sum in connection with start of Loans treated as distributions from 20 payments 17 Nonresident aliens: R Single-life annuities 5 14, Social security, tax on 11 Railroad retirement 7 Railroad retirement benefits 7 10- State employees: Taxability of 11 Section 457 plans 6 P Recapture tax: State insurer delinquency Partial rollovers 29 Changes in distribution method 37 proceedings 38 Partly taxable payments 12 Recontribution of Qualified Surviving spouse: Penalty taxes: Distributions: Distribution rules for 38 Early distributions 33 Purchase or Construction of a Main Excess accumulation 37 Home 42 Rollovers by 30 Pensions: Reemployment 21 Defined 4 Related employers and related T Disability pensions 5 6, plans 19 Tables: Types of 5 Repayment of loan within 5 years 19 Comparison of direct payment vs. direct Periodic payments: Required beginning date 38 rollover (Table 1) 32 Taxation of 12 Required distributions, minimum 37 Tax help 45 Withholding tax 10 Retirement bonds 30 Tax-free exchanges 20 Plan loan offset 29 Rollovers 28 32- Ten percent tax for early withdrawal 33 Public safety officers insurance 20% tax rate on distribution 11 Ten-year tax option 23 premiums 7 Comparison of direct payment vs. direct Time for making rollover 29 Public school employees: rollover (Table 1) 32 Transfers of annuity contracts 20 Tax-sheltered annuity plans for Direct rollover to another qualified (See 403(b) plans) plan 11 29, U Publications (See Tax help) In-plan Roth 31 U.S. savings bonds: Nonspouse beneficiary 31 Distribution of 18 Q Nontaxable amounts 28 Notice to recipients of eligible rollover V Qualified disaster distributions 41 distribution 31 Qualified domestic relations orders Property and cash distributed 30 Variable annuities 5 (QDROs) 5 30, Roth IRAs 32 Voluntary employee contributions 12 Alternate payee under and lump-sum Substitution of other property 30 distribution 21 W Surviving spouse making 30 Qualified employee annuities: Withdrawals 6 Defined 4 S Employees withdrawing Simplified Method to be used 13 contributions 18 Qualified employee plans: Section 457 deferred compensation Defined 4 plans 6 Withholding 10 Simplified Method to be used 13 Securities of employer, distributions 10% rate used 10 of 16 20% of eligible rollover 28 29 32, , Qualified plans 16 Self-employed persons' rollovers 28 Periodic payments 10 (See also specific type of plan) Distribution before annuity starting Service-connected disability 7 Railroad retirement 7 date 17 Simplified Method 13 Worksheets: General Rule 16 Death of retiree under 40 Simplified Method 14 Loans from, without tax How to use 14 Worksheet A, illustrated 15 consequences 19 Worksheet A, Simplified Method 49 Publication 575 (2022) Page 51 |