For information regarding different IRAs please see the Tax Tips section of this site.
Below is more IRA information from the IRS:
59015160xIndividual
Retirement
Arrangements
(IRAs)What's New for 20052What's New for 20062Reminders3Introduction41. Traditional IRAs7What Is a Traditional IRA?7Who Can Set Up a Traditional IRA?7When Can a Traditional IRA Be Set Up?8How Can a Traditional IRA Be Set Up?8How Much Can Be Contributed?10When Can Contributions Be Made?11How Much Can You Deduct?11What If You Inherit an IRA?18Can You Move Retirement Plan Assets?19When Can You Withdraw or Use Assets?29When Must You Withdraw Assets? (Required Minimum Distributions)31Are Distributions Taxable?36What Acts Result in Penalties or Additional Taxes?412. Roth IRAs53What Is a Roth IRA?54When Can a Roth IRA Be Set Up?54Can You Contribute to a Roth IRA?54Can You Move Amounts Into a Roth IRA?59Are Distributions Taxable?60Must You Withdraw or Use Assets?633. Savings Incentive Match Plans for Employees (SIMPLE)64What Is a SIMPLE Plan?64How Are Contributions Made?65How Much Can Be Contributed on Your Behalf?65When Can You Withdraw or Use Assets?674. Hurricane-Related Relief67Qualified Hurricane Distributions67Repayment of a Qualified Distribution for the Purchase or Construction of a Main Home695. Retirement Savings Contributions Credit706. How To Get Tax Help71AppendicesAppendix A. Summary Record of Traditional IRA(s) for 2005 and Worksheet for Determining Required Minimum
Distributions75Appendix B. Worksheets for Social Security Recipients Who Contribute to a Traditional IRA77Appendix C. Life Expectancy TablesTable I (Single Life Expectancy)84Table II (Joint Life and Last Survivor Expectancy)86Table III (Uniform Lifetime)100Index101What's New for 2005Hurricane tax relief.
Special rules apply to the use of retirement funds (including IRAs) by qualified individuals who suffered an economic loss as a result of Hurricane
Katrina, Rita, or Wilma. See Hurricane-Related Relief, in Chapter 4 for information on these special rules.
Traditional IRA contribution and deduction limit.
The contribution limit to your traditional IRA for 2005 increased to the smaller of the following amounts:
$4,000, or
Your taxable compensation for the year.
If you were age 50 or older before 2006, the most that could be contributed to your traditional IRA for 2005 is the smaller of the following
amounts:
$4,500, or
Your taxable compensation for the year.
For more information, see How Much Can Be Contributed? in chapter 1.
Roth IRA contribution limit.
If contributions on your behalf were made only to Roth IRAs, your contribution limit for 2005 will generally be the lesser of:
$4,000, or
Your taxable compensation for the year.
If you were age 50 or older in 2005 and contributions on your behalf were made only to Roth IRAs, your contribution limit for 2005 is generally the
lesser of:
$4,500, or
Your taxable compensation for the year.
However, if your modified AGI is above a certain amount, your contribution limit may be reduced. For more information, see How Much Can Be
Contributed? under Can You Contribute to a Roth IRA? in chapter 2.
Modified AGI limit for traditional IRA contributions increased.
For 2005, if you were covered by a retirement plan at work, your deduction for contributions to a traditional IRA is reduced (phased out) if your
modified adjusted gross income (AGI) is:
More than $70,000 but less than $80,000 for a married couple filing a joint return or a qualifying widow(er),
More than $50,000 but less than $60,000 for a single individual or head of household, or
Less than $10,000 for a married individual filing a separate return.
For all filing statuses other than married filing separately, the upper and lower limits of the phaseout range increased by $5,000. See
How Much Can You Deduct? in chapter 1.
Increase in limit on salary reduction contributions under a SIMPLE.
For 2005, salary reduction contributions that your employer could make on your behalf under a SIMPLE plan increased to $10,000 (up from $9,000 in
2004).
For more information about salary reduction contributions, see How Much Can Be Contributed on Your Behalf? in chapter 3.
Additional salary reduction contributions to SIMPLE IRAs for persons age 50 and older.
For 2005, additional salary reduction contributions could be made to your SIMPLE IRA if:
You were age 50 or older in 2005, and
No other salary reduction contributions could be made for you to the plan for the year because of limits or restrictions, such as the
regular annual limit.
For 2005, the additional amount is the lesser of the following two amounts.
$2,000 (up from $1,500 for 2004), or
Your compensation for the year reduced by your other elective deferrals for the year.
For more information, see How Much Can Be Contributed on Your Behalf? in chapter 3.
Modified AGI.
Beginning in 2005, the domestic production activities deduction is added back to income when figuring modified AGI. See Modified AGI in
chapter 1.
Modified AGI for conversion purposes.
Beginning in 2005, modified AGI for conversion purposes does not include required distributions from IRAs. For more information, see Modified
AGI in chapter 2.
What's New for 2006Traditional IRA contribution and deduction limit.
The contribution limit to your traditional IRA for 2006 will be the smaller of the following amounts:
$4,000, or
Your taxable compensation for the year.
If you will be age 50 or older before 2007, the most that can be contributed to your traditional IRA for 2006 will be the smaller of the following
amounts:
$5,000, or
Your taxable compensation for the year.
For more information, see How Much Can Be Contributed? in chapter 1.
Roth IRA contribution limit.
If contributions on your behalf are made only to Roth IRAs, your contribution limit for 2006 will generally be the lesser of:
$4,000, or
Your taxable compensation for the year.
If you will be age 50 or older before 2007 and contributions on your behalf are made only to Roth IRAs, your contribution limit for 2006 will
generally be the lesser of:
$5,000, or
Your taxable compensation for the year.
However, if your modified AGI is above a certain amount, your contribution limit may be reduced. For more information, see How Much Can Be
Contributed? under Can You Contribute to a Roth IRA? in chapter 2.
Modified AGI limit for traditional IRA contributions increased for a married couple filing a joint return.
For 2006, if you are covered by a retirement plan at work, your deduction for contributions to a traditional IRA will be reduced (phased out) if
your modified adjusted gross income (AGI) is:
More than $75,000 but less than $85,000 for a married couple filing a joint return or a qualifying widow(er),
More than $50,000 but less than $60,000 for a single individual or head of household, or
Less than $10,000 for a married individual filing a separate return.
See How Much Can You Deduct? in chapter 1.
Additional salary reduction contributions to SIMPLE IRAs for persons age 50 and older.
For 2006, additional salary reduction contributions can be made to your SIMPLE IRA if:
You will be age 50 or older before 2007, and
No other salary reduction contributions can be made for you to the plan for the year because of limits or restrictions, such as the regular
annual limit.
For 2006, the additional amount is the lesser of the following two amounts.
$2,500 (up from $2,000 for 2005), or
Your compensation for the year reduced by your other elective deferrals for the year.
For more information, see How Much Can Be Contributed on Your Behalf? in chapter 3.
Qualified Roth contribution programs.
For tax years beginning after 2005, 401(k) and 403(b) plans can create a qualified Roth contribution program so that participants may elect to have
part or all of their elective deferrals to the plan designated as after-tax Roth contributions.
RemindersFiguring net income on returned or recharacterized IRA contributions.Recharacterization:IRA contributions
For figuring the net income on IRA contributions made during 2002 and 2003 that were returned to you or recharacterized, you can use the method
described in this publication, the method permitted by Notice 2000-39, or the method in the proposed regulations.
For more information, see How Do You Recharacterize a Contribution? or Contributions Returned Before Due Date of Return in
chapter 1.
Simplified employee pension (SEP).
SEP-IRAs are not covered in this publication. They are covered in Publication 560, Retirement Plans for Small Business.
Deemed IRAs.Deemed IRAs
A qualified employer plan (retirement plan) can maintain a separate account or annuity under the plan (a deemed IRA) to receive voluntary employee
contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will be subject only to IRA rules. An employee's
account can be treated as a traditional IRA or a Roth IRA.
For this purpose, a qualified employer plan includes:
A qualified pension, profit-sharing, or stock bonus plan (section 401(a) plan),
A qualified employee annuity plan (section 403(a) plan),
A tax-sheltered annuity plan (section 403(b) plan), and
A deferred compensation plan (section 457 plan) maintained by a state, a political subdivision of a state, or an agency or instrumentality
of a state or political subdivision of a state.
Statement of required minimum distribution.Required minimum distribution
If a minimum distribution is required from your IRA, the trustee, custodian, or issuer that held the IRA at the end of the preceding year must
either report the amount of the required minimum distribution to you, or offer to calculate it for you. The report or offer must include the date by
which the amount must be distributed. The report is due January 31 of the year in which the minimum distribution is required. It can be provided with
the year-end fair market value statement that you normally get each year. No report is required for section 403(b) contracts (generally tax-sheltered
annuities) or for IRAs of owners who have died.
IRA interest.Interest on IRA
Although interest earned from your IRA is generally not taxed in the year earned, it is not tax-exempt interest. Do not report this interest on
your return as tax-exempt interest.
Form 8606.Form 8606
If you make nondeductible contributions to a traditional IRA and you do not file Form 8606, Nondeductible IRAs, with your tax return, you may have
to pay a $50 penalty.
Roth IRA.Roth IRAs
You cannot claim a deduction for any contributions to a Roth IRA. But, if you satisfy the requirements, all earnings are tax free and neither your
nondeductible contributions nor any earnings on them are taxable when you withdraw them. Roth IRAs are discussed in chapter 2.
Photographs of missing children.Missing children, photographs of
The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children
selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the
photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.
This publication discusses individual retirement arrangements (IRAs). An IRA is a personal savings plan that gives you tax advantages for setting
aside money for retirement.
What are some tax advantages of an IRA?Tax advantages of IRAs
Two tax advantages of an IRA are that:
Contributions you make to an IRA may be fully or partially deductible, depending on which type of IRA you have and on your circumstances,
and
Generally, amounts in your IRA (including earnings and gains) are not taxed until distributed. In some cases, amounts are not taxed at all
if distributed according to the rules.
What's in this publication?
This publication discusses traditional, Roth, and SIMPLE IRAs. It explains the rules for:
Setting up an IRA,
Contributing to an IRA,
Transferring money or property to and from an IRA,
Handling an inherited IRA,
Receiving distributions (making withdrawals) from an IRA, and
Taking a credit for contributions to an IRA.
It also explains the penalties and additional taxes that apply when the rules are not followed. To assist you in complying with the tax rules for
IRAs, this publication contains worksheets, sample forms, and tables, which can be found throughout the publication and in the appendices at the back
of the publication.
How to use this publication.
The rules that you must follow depend on which type of IRA you have. Use Table I-1 to help you determine which parts of this publication to read.
Also use Table I-1 if you were referred to this publication from instructions to a form.
<ROM>Table I-1. </ROM><BLD>Using This Publication</BLD>IF you need
information on ...THEN see ...traditional IRAs chapter 1.Roth IRAs chapter 2, and parts of
chapter 1.SIMPLE IRAs chapter 3.hurricane-related relief chapter 4.the credit for qualified retirement savings contributions chapter 5.how to keep a record of your contributions to, and distributions from, your traditional IRA(s) appendix A.SEP-IRAs and 401(k) plans Publication 560.Coverdell education savings accounts (formerly called education IRAs) Publication 970.IF for 2005, you
received social security benefits,
had taxable compensation,
contributed to a traditional IRA, and
you or your spouse was covered by an employer retirement plan,
and you want to...THEN see ...first figure your modified adjusted gross income (AGI) appendix B worksheet 1.then figure how much of your traditional IRA contribution you can deduct appendix B worksheet 2.and finally figure how much of your social security is taxable appendix B worksheet 3.
Tables:Using this publication (Table I-1)
Comments and suggestions.Comments on publicationSuggestions for publication
We welcome your comments about this publication and your suggestions for future editions.
You can write to us at the following address:
Internal Revenue Service
Individual Forms and Publications Branch
SE:W:CAR:MP:T:I
1111 Constitution Ave. NW, IR-6406
Washington, DC 20224
We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in
your correspondence.
You can email us at
*taxforms@irs.gov. (The asterisk must be included in the
address.) Please put Publications Comment on the subject line. Although we cannot respond individually to each email, we do appreciate your
feedback and will consider your comments as we revise our tax products.
Tax questions.
If you have a tax question, visit
www.irs.gov or call 1-800-829-1040. We cannot answer tax questions at either
of the addresses listed above.
Ordering forms and publications.
Visit
www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the National Distribution Center at the
address shown under How To Get Tax Help in the back of this publication.
Publications560Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans)571Tax-Sheltered Annuity Plans (403(b) Plans)575Pension and Annuity Income939General Rule for Pensions and AnnuitiesForms (and instructions)Withholding Certificate for Pension or Annuity PaymentsDistributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)–Not for Use With a Designated Financial InstitutionSIMPLE Individual Retirement Trust AccountSIMPLE Individual Retirement Custodial AccountSavings Incentive Match Plan for Employees of Small Employers (SIMPLE)–for Use With a Designated Financial InstitutionAdditional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored AccountsIRA Contribution InformationNondeductible IRAsExclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989Qualified Adoption ExpensesCredit for Qualified Retirement Savings Contributions
See chapter 6 for information about getting these publications and forms.
<ROM>Table I-2. </ROM>How Are a Traditional IRA and a Roth IRA Different?
<L><ROM>This table shows the differences between traditional and Roth IRAs. Answers in the middle column apply to traditional IRAs. Answers in the
right column apply to Roth IRAs.</ROM>QuestionAnswerTraditional IRA?Roth IRA?Is there an age limit on when I can set up and contribute to aYes. You must not have reached age 70 by the end of the year. See Who Can Set Up a Traditional IRA?
in chapter 1.No. You can be any age. See Can You Contribute to a Roth IRA? in chapter 2.If I earned more than $4,000 in 2005 ($4,500 if I was 50 or older by the end of 2005), is there a limit on how much I
can contribute to aYes. For 2005, you can contribute to a traditional IRA up to:
$4,000, or
$4,500 if you were age 50 or older by the end of 2005.
There is no upper limit on how much you can earn and still contribute. See How Much Can Be Contributed? in chapter 1. Yes. For 2005, you may be able to contribute to a Roth IRA up to:
$4,000, or
$4,500 if you were age 50 or older by the end of 2005,
but the amount you can contribute may be less than that depending on your income, filing status, and if you contribute to another IRA. See How
Much Can Be Contributed? and Table 2-1 in chapter 2.Can I deduct contributions to aYes. You may be able to deduct your contributions to a traditional IRA depending on your income, filing status, whether you are
covered by a retirement plan at work, and whether you receive social security benefits. See How Much Can You Deduct? in chapter 1.No. You can never deduct contributions to a Roth IRA. See What is a Roth IRA? in chapter 2.Do I have to file a form just because I contribute to aNot unless you make nondeductible contributions to your traditional IRA. In that case, you must file Form 8606. See
Nondeductible Contributions in chapter 1.No. You do not have to file a form if you contribute to a Roth IRA. See Introduction in chapter 2.Do I have to start taking distributions when I reach a certain age from aYes. You must begin receiving required minimum distributions by April 1 of the year following the year you reach age 70. See When Must You Withdraw Assets? (Required Minimum Distributions) in chapter 1.No. If you are the owner of a Roth IRA, you do not have to take distributions regardless of your age. See Are
Distributions Taxable? in chapter 2.How are distributions taxed from aDistributions from a traditional IRA are taxed as ordinary income, but if you made nondeductible contributions, not all of the
distribution is taxable. See Are Distributions Taxable? in chapter 1.Distributions from a Roth IRA are not taxed as long as you meet certain criteria. See Are Distributions Taxable? in
chapter 2. Do I have to file a form just because I receive distributions from aNot unless you have ever made a nondeductible contribution to a traditional IRA. If you have, file Form 8606.Yes. File Form 8606 if you received distributions from a Roth IRA (other than a rollover, recharacterization, certain
qualified distributions, or a return of certain contributions).
Roth IRAs:Compared to traditional IRA (Table I-2)Tables:Traditional IRA compared to Roth IRA (Table I-2)Traditional IRAs:Compared to Roth IRA (Table I-2)
Traditional IRAsTraditional IRAsWhat's New for 2005Hurricane relief.
If you were affected by Hurricane Katrina, Rita, or Wilma, see chapter 4, Hurricane-Related Relief.
Traditional IRA contribution and deduction limit.
The contribution limit to your traditional IRA for 2005 increased to the smaller of the following amounts:
$4,000, or
Your taxable compensation for the year.
If you were age 50 or older before 2006, the most that could be contributed to your traditional IRA for 2005 is the smaller of the following
amounts:
$4,500, or
Your taxable compensation for the year.
For more information, see How Much Can Be Contributed? in this chapter.
Modified AGI limit for traditional IRA contributions increased.
For 2005, if you are covered by a retirement plan at work, your deduction for contributions to a traditional IRA is reduced (phased out) if your
modified adjusted gross income (AGI) is:
More than $70,000 but less than $80,000 for a married couple filing a joint return or a qualifying widow(er),
More than $50,000 but less than $60,000 for a single individual or head of household, or
Less than $10,000 for a married individual filing a separate return.
For all filing statuses other than married filing separately, the upper and lower limits of the phaseout range increased by $5,000. See
How Much Can You Deduct? in this chapter.
What's New for 2006Traditional IRA contribution and deduction limit.
The contribution limit to your traditional IRA for 2006 will be the smaller of the following amounts:
$4,000, or
Your taxable compensation for the year.
If you will be age 50 or older before 2007, the most that can be contributed to your traditional IRA for 2006 will be the smaller of the following
amounts:
$5,000, or
Your taxable compensation for the year.
For more information, see How Much Can Be Contributed? in this chapter.
Modified AGI limit for traditional IRA contributions increased for a married couple filing a joint return.
For 2006, if you are covered by a retirement plan at work, your deduction for contributions to a traditional IRA will be reduced (phased out) if
your modified adjusted gross income (AGI) is:
More than $75,000 but less than $85,000 for a married couple filing a joint return or a qualifying widow(er),
More than $50,000 but less than $60,000 for a single individual or head of household, or
Less than $10,000 for a married individual filing a separate return.
See How Much Can You Deduct? in this chapter.
This chapter discusses the original IRA. In this publication the original IRA (sometimes called an ordinary or regular IRA) is referred to as a
traditional IRA. The following are two advantages of a traditional IRA:
You may be able to deduct some or all of your contributions to it, depending on your circumstances.
Generally, amounts in your IRA, including earnings and gains, are not taxed until they are distributed.
What Is a Traditional IRA?Traditional IRAs:Defined
A traditional IRA is any IRA that is not a Roth IRA or a SIMPLE IRA.
Who Can Set Up
a Traditional IRA?Traditional IRAs:Setting up
You can set up and make contributions to a traditional IRA if:
You (or, if you file a joint return, your spouse) received taxable compensation during the year, and
You were not age 70 by the end of the year.
You can have a traditional IRA whether or not you are covered by any other retirement plan. However, you may not be able to deduct all of your
contributions if you or your spouse is covered by an employer retirement plan. See How Much Can You Deduct, later.
Both spouses have compensation.
If both you and your spouse have compensation and are under age 70, each of you can set up an IRA. You cannot both participate in
the same IRA.
What Is Compensation?Compensation:Defined
Generally, compensation is what you earn from working. For a summary of what compensation does and does not include, see Table 1-1. Compensation
includes the items discussed next.
Wages, salaries, etc.Compensation:Wages, salaries, etc.
Wages, salaries, tips, professional fees, bonuses, and other amounts you receive for providing personal services are compensation. The IRS treats
as compensation any amount properly shown in box 1 (Wages, tips, other compensation) of Form W-2, Wage and Tax Statement, provided that amount is
reduced by any amount properly shown in box 11 (Nonqualified plans). Scholarship and fellowship payments are compensation for IRA purposes only if
shown in box 1 of Form W-2.
Commissions.
An amount you receive that is a percentage of profits or sales price is compensation.
Self-employment income.Self-employed persons:Income of
If you are self-employed (a sole proprietor or a partner), compensation is the net earnings from your trade or business (provided your personal
services are a material income-producing factor) reduced by the total of:
The deduction for contributions made on your behalf to retirement plans, and
The deduction allowed for one-half of your self-employment taxes.
Compensation includes earnings from self-employment even if they are not subject to self-employment tax because of your religious beliefs.
When you have both self-employment income and salaries and wages, your compensation includes both amounts.
Self-employment loss.Compensation:Self-employment
If you have a net loss from self-employment, do not subtract the loss from your salaries or wages when figuring your total compensation.
Alimony and separate maintenance.Alimony
For IRA purposes, compensation includes any taxable alimony and separate maintenance payments you receive under a decree of divorce or separate
maintenance.
<ROM>Table 1-1. </ROM>
<IMARK><BLD>Compensation for Purposes
<L>of an IRA</BLD>Includes ...Does not include ... earnings and profits from
property.wages, salaries, etc. interest and
dividend income.commissions. pension or annuity
income.self-employment income. deferred compensation.alimony and separate maintenance. income from certain
partnerships. any amounts you exclude
from income.
Compensation:Income included (Table 1-1)Tables:Compensation, types of (Table 1-1)
What Is Not Compensation?
Compensation does not include any of the following items.
Earnings and profits from property, such as rental income, interest income, and dividend income.
Pension or annuity income.
Deferred compensation received (compensation payments postponed from a past year).
Income from a partnership for which you do not provide services that are a material income-producing factor.
Any amounts you exclude from income, such as foreign earned income and housing costs.
When Can a Traditional IRA
Be Set Up?Individual retirement arrangements (IRAs):When to set up
You can set up a traditional IRA at any time. However, the time for making contributions for any year is limited. See When Can Contributions
Be Made, later.
How Can a Traditional IRA
Be Set Up?Individual retirement arrangements (IRAs):How to set upHow to:Set up an IRA
You can set up different kinds of IRAs with a variety of organizations. You can set up an IRA at a bank or other financial institution or with a
mutual fund or life insurance company. You can also set up an IRA through your stockbroker. Any IRA must meet Internal Revenue Code requirements. The
requirements for the various arrangements are discussed below.
Kinds of traditional IRAs.Traditional IRAs:Types of
Your traditional IRA can be an individual retirement account or annuity. It can be part of either a simplified employee pension (SEP) or an
employer or employee association trust account.
An individual retirement account is a trust or custodial account set up in the United States for the exclusive benefit of you or your
beneficiaries. The account is created by a written document. The document must show that the account meets all of the following requirements.
The trustee or custodian must be a bank, a federally insured credit union, a savings and loan association, or an entity approved by the IRS
to act as trustee or custodian.
The trustee or custodian generally cannot accept contributions of more than $4,000 ($4,500 if you are age 50 or older). However, rollover
contributions and employer contributions to a simplified employee pension (SEP) can be more than this amount.
Contributions, except for rollover contributions, must be in cash. See Rollovers, later.
You must have a nonforfeitable right to the amount at all times.
Money in your account cannot be used to buy a life insurance policy.
Assets in your account cannot be combined with other property, except in a common trust fund or common investment fund.
You must start receiving distributions by April 1 of the year following the year in which you reach age 70. See When
Must You Withdraw Assets? (Required Minimum Distributions), later.
You can set up an individual retirement annuity by purchasing an annuity contract or an endowment contract from a life insurance company.
An individual retirement annuity must be issued in your name as the owner, and either you or your beneficiaries who survive you are the only ones
who can receive the benefits or payments.
An individual retirement annuity must meet all the following requirements.
Your entire interest in the contract must be nonforfeitable.
The contract must provide that you cannot transfer any portion of it to any person other than the issuer.
There must be flexible premiums so that if your compensation changes, your payment can also change. This provision applies to contracts
issued after November 6, 1978.
The contract must provide that contributions cannot be more than $4,000 ($4,500 if you are age 50 or older), and that you must use any
refunded premiums to pay for future premiums or to buy more benefits before the end of the calendar year after the year in which you receive the
refund. For 2006, contributions cannot be more than $4,000 ($5,000 if you are age 50 or older).
Distributions must begin by April 1 of the year following the year in which you reach age 70. See When Must You
Withdraw Assets? (Required Minimum Distributions), later.
The sale of individual retirement bonds issued by the federal government was suspended after April 30, 1982. The bonds have the following features.
They stop earning interest when you reach age 70. If you die, interest will stop 5 years after your death, or on the date
you would have reached age 70, whichever is earlier.
You cannot transfer the bonds.
If you cash (redeem) the bonds before the year in which you reach age 59, you may be subject to a 10% additional tax. See
Age 59 Rule under Early Distributions, later. You can roll over redemption proceeds into IRAs.
A simplified employee pension (SEP) is a written arrangement that allows your employer to make deductible contributions to a traditional IRA (a
SEP-IRA) set up for you to receive such contributions. Generally, distributions from SEP IRAs are subject to the withdrawal and tax rules that apply
to traditional IRAs. See Publication 560 for more information about SEPs.
Employer and Employee
Association Trust AccountsEmployer and employee association trust accounts
Your employer or your labor union or other employee association can set up a trust to provide individual retirement accounts for employees or
members. The requirements for individual retirement accounts apply to these traditional IRAs.
Required DisclosuresTraditional IRAs:Disclosures
The trustee or issuer (sometimes called the sponsor) of your traditional IRA generally must give you a disclosure statement at least 7 days before
you set up your IRA. However, the sponsor does not have to give you the statement until the date you set up (or purchase, if earlier) your IRA,
provided you are given at least 7 days from that date to revoke the IRA.
The disclosure statement must explain certain items in plain language. For example, the statement should explain when and how you can revoke the
IRA, and include the name, address, and telephone number of the person to receive the notice of cancellation. This explanation must appear at the
beginning of the disclosure statement.
Traditional IRAs:Setting up
If you revoke your IRA within the revocation period, the sponsor must return to you the entire amount you paid. The sponsor must report on the
appropriate IRS forms both your contribution to the IRA (unless it was made by a trustee-to-trustee transfer) and the amount returned to you. These
requirements apply to all sponsors.
How Much Can Be Contributed?Contributions:Traditional IRAsTraditional IRAs:Contribution limitsTraditional IRAs:Contributions
There are limits and other rules that affect the amount that can be contributed to a traditional IRA. These limits and rules are explained below.
Community property laws.Community property
Except as discussed later under Spousal IRA Limit, each spouse figures his or her limit separately, using his or her own compensation.
This is the rule even in states with community property laws.
Brokers' commissions.Broker's commissions
Brokers' commissions paid in connection with your traditional IRA are subject to the contribution limit. For information about whether you can
deduct brokers' commissions, see Brokers' commissions, later under How Much Can You Deduct.
Trustees' fees.Trustees' fees
Trustees' administrative fees are not subject to the contribution limit. For information about whether you can deduct trustees' fees, see
Trustees' fees, later under How Much Can You Deduct.
Contributions on your behalf to a traditional IRA reduce your limit for contributions to a Roth IRA. See chapter 2 for information about Roth IRAs.
General Limit
The most that can be contributed to your traditional IRA is the smaller of the following amounts:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older), or
Age 50:Contributions
Your taxable compensation (defined earlier) for the year.
Note.
This limit is reduced by any contributions to a section 501(c)(18) plan (generally, a pension plan created before June 25, 1959, that is funded
entirely by employee contributions).
Section 501(c)(18) plan
This is the most that can be contributed regardless of whether the contributions are to one or more traditional IRAs or whether all or part of the
contributions are nondeductible. (See Nondeductible Contributions, later.)
Examples.
George, who is 34 years old and single, earns $24,000 in 2005. His IRA contributions for 2005 are limited to $4,000.
Danny, an unmarried college student working part time, earns $3,500 in 2005. His IRA contributions for 2005 are limited to $3,500, the amount of
his compensation.
More than one IRA.More than one IRAContribution limits:More than one IRA
If you have more than one IRA, the limit applies to the total contributions made on your behalf to all your traditional IRAs for the year.
Annuity or endowment contracts.Annuity contractsEndowment contractsAnnuity contracts
If you invest in an annuity or endowment contract under an individual retirement annuity, no more than $4,000 ($4,500 if you are age 50 or older;
for 2006, $4,000 or $5,000, if you are age 50 or older) can be contributed toward its cost for the tax year, including the cost of life insurance
coverage. If more than this amount is contributed, the annuity or endowment contract is disqualified.
Spousal IRA LimitSpousal IRAs:Contribution limits
If you file a joint return and your taxable compensation is less than that of your spouse, the most that can be contributed for the year to your
IRA is the smaller of the following two amounts:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older), or
The total compensation includible in the gross income of both you and your spouse for the year, reduced by the following two amounts.
Your spouse's IRA contribution for the year to a traditional IRA.
Any contributions for the year to a Roth IRA on behalf of your spouse.
This means that the total combined contributions that can be made for the year to your IRA and your spouse's IRA can be as much as $8,000 ($8,500
if only one of you is age 50 or older or $9,000 if both of you are age 50 or older). For 2006, combined total contributions can be as much as $8,000
($9,000 if only one of you is age 50 or older or $10,000 if both of you are age 50 or older).
Note.Section 501(c)(18) plan
This traditional IRA limit is reduced by any contributions to a section 501(c)(18) plan (generally, a pension plan created before June 25, 1959,
that is funded entirely by employee contributions).
Example.
Kristin, a full-time student with no taxable compensation, marries Carl during the year. Neither was age 50 by the end of 2005. For the year, Carl
has taxable compensation of $30,000. He plans to contribute (and deduct) $4,000 to a traditional IRA. If he and Kristin file a joint return, each can
contribute $4,000 to a traditional IRA. This is because Kristin, who has no compensation, can add Carl's compensation, reduced by the amount of his
IRA contribution, ($30,000 – $4,000 = $26,000) to her own compensation (-0-) to figure her maximum contribution to a traditional IRA. In her
case, $4,000 is her contribution limit, because $4,000 is less than $26,000 (her compensation for purposes of figuring her contribution limit).
Filing StatusFiling status
Generally, except as discussed earlier under Spousal IRA Limit, your filing status has no effect on the amount of allowable
contributions to your traditional IRA. However, if during the year either you or your spouse was covered by a retirement plan at work, your deduction
may be reduced or eliminated, depending on your filing status and income. See How Much Can You Deduct, later.
Example.
Tom and Darcy are married and both are 53. They both work and each has a traditional IRA. Tom earned $3,800 and Darcy earned $48,000 in 2005.
Because of the spousal IRA limit rule, even though Tom earned less than $4,500, they can contribute up to $4,500 to his IRA for 2005 if they file a
joint return. They can contribute up to $4,500 to Darcy's IRA. If they file separate returns, the amount that can be contributed to Tom's IRA is
limited to $3,800.
Less Than Maximum ContributionsContributions:Less than maximum
If contributions to your traditional IRA for a year were less than the limit, you cannot contribute more after the due date of your return for that
year to make up the difference.
Example.
Rafael, who is 40, earns $30,000 in 2005. Although he can contribute up to $4,000 for 2005, he contributes only $2,000. After April 17, 2006,
Rafael cannot make up the difference between his actual contributions for 2005 ($2,000) and his 2005 limit ($4,000). He cannot contribute $2,000 more
than the limit for any later year.
More Than Maximum ContributionsContributions:Traditional IRAsTraditional IRAs:Contribution limitsTraditional IRAs:Contributions
If contributions to your IRA for a year were more than the limit, you can apply the excess contribution in one year to a later year if the
contributions for that later year are less than the maximum allowed for that year. However, a penalty or additional tax may apply. See Excess
Contributions, later under What Acts Result in Penalties or Additional Taxes.
When Can Contributions
Be Made?Contributions:When to contributeAge limit:Traditional IRA
As soon as you set up your traditional IRA, contributions can be made to it through your chosen sponsor (trustee or other administrator).
Contributions must be in the form of money (cash, check, or money order). Property cannot be contributed. However, you may be able to transfer or roll
over certain property from one retirement plan to another. See the discussion of rollovers and other transfers later in this chapter under Can
You Move Retirement Plan Assets.
Contributions can be made to your traditional IRA for each year that you receive compensation and have not reached age 70. For any
year in which you do not work, contributions cannot be made to your IRA unless you receive alimony or file a joint return with a spouse who has
compensation. See Who Can Set Up a Traditional IRA, earlier. Even if contributions cannot be made for the current year, the amounts
contributed for years in which you did qualify can remain in your IRA. Contributions can resume for any years that you qualify.
Contributions must be made by due date.Traditional IRAs:Contributions:Due date
Contributions can be made to your traditional IRA for a year at any time during the year or by the due date for filing your return for that year,
not including extensions. For most people, this means that contributions for 2005 must be made by April 17, 2006, and contributions for 2006 must be
made by April 16, 2007.
Age 70 rule.Age 70 rule
Contributions cannot be made to your traditional IRA for the year in which you reach age 70 or for any later year.
You attain age 70 on the date that is six calendar months after the 70th anniversary of your birth. If you were born on June 30,
1935, the 70th anniversary of your birth is June 30, 2005, and you attained age 70 on December 30, 2005. If you were born on July 1,
1935, the 70th anniversary of your birth was July 1, 2005, and you attained age 70 on January 1, 2006.
Designating year for which contribution is made.Contributions:Designating the year
If an amount is contributed to your traditional IRA between January 1 and April 15, you should tell the sponsor which year (the current year or the
previous year) the contribution is for. If you do not tell the sponsor which year it is for, the sponsor can assume, and report to the IRS, that the
contribution is for the current year (the year the sponsor received it).
Filing before a contribution is made.Filing before IRA contribution is made
You can file your return claiming a traditional IRA contribution before the contribution is actually made. However, the contribution must be made
by the due date of your return, not including extensions.
Contributions not required.Contributions:Not required
You do not have to contribute to your traditional IRA for every tax year, even if you can.
How Much Can You Deduct?Deductions:Traditional IRAsTraditional IRAs:Deductions
Generally, you can deduct the lesser of:
The contributions to your traditional IRA for the year, or
The general limit (or the spousal IRA limit, if applicable) explained earlier under How Much Can Be Contributed.
However, if you or your spouse was covered by an employer retirement plan, you may not be able to deduct this amount. See Limit If Covered
By Employer Plan, later.
You may be able to claim a credit for contributions to your traditional IRA. For more information, see chapter 5.
Trustees' fees.Trustees' fees
Trustees' administrative fees that are billed separately and paid in connection with your traditional IRA are not deductible as IRA contributions.
However, they may be deductible as a miscellaneous itemized deduction on Schedule A (Form 1040). For information about miscellaneous itemized
deductions, see Publication 529, Miscellaneous Deductions.
Brokers' commissions.Broker's commissions
These commissions are part of your IRA contribution and, as such, are deductible subject to the limits.
Full deduction.
If neither you nor your spouse was covered for any part of the year by an employer retirement plan, you can take a deduction for total
contributions to one or more of your traditional IRAs of up to the lesser of:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older), or
100% of your compensation.
This limit is reduced by any contributions made to a 501(c)(18) plan on your behalf.
Spousal IRA.Spousal IRAs:Deduction
In the case of a married couple with unequal compensation who file a joint return, the deduction for contributions to the traditional IRA of the
spouse with less compensation is limited to the lesser of:
$4,000 ($4,500 if the spouse with the lower compensation is age 50 or older; for 2006, $4,000 or $5,000, if that spouse is age 50 or older),
or
The total compensation includible in the gross income of both spouses for the year reduced by the following three amounts.
The IRA deduction for the year of the spouse with the greater compensation.
Any designated nondeductible contribution for the year made on behalf of the spouse with the greater compensation.
Any contributions for the year to a Roth IRA on behalf of the spouse with the greater compensation.
This limit is reduced by any contributions to a section 501(c)(18) plan on behalf of the spouse with the lesser compensation.
Note.
If you were divorced or legally separated (and did not remarry) before the end of the year, you cannot deduct any contributions to your spouse's
IRA. After a divorce or legal separation, you can deduct only the contributions to your own IRA. Your deductions are subject to the rules for single
individuals.
Covered by an employer retirement plan.Employer plans:Covered by
If you or your spouse was covered by an employer retirement plan at any time during the year for which contributions were made, your deduction may
be further limited. This is discussed later under Limit If Covered By Employer Plan. Limits on the amount you can deduct do not affect the
amount that can be contributed.
Are You Covered
by an Employer Plan?Employer retirement plans
Form W-2:Employer retirement plansThe Form W-2 you receive from your employer has a box used to indicate whether you were covered
for the year. The Retirement Plan box should be checked if you were covered.
Reservists and volunteer firefighters should also see Situations in Which You Are Not Covered, later.
If you are not certain whether you were covered by your employer's retirement plan, you should ask your employer.
Federal judges.Federal judges
For purposes of the IRA deduction, federal judges are covered by an employer plan.
For Which Year(s) Are You Covered?Employer plans:Year(s) covered
Special rules apply to determine the tax years for which you are covered by an employer plan. These rules differ depending on whether the plan is a
defined contribution plan or a defined benefit plan.
Tax year.Tax year
Your tax year is the annual accounting period you use to keep records and report income and expenses on your income tax return. For almost all
people, the tax year is the calendar year.
Defined contribution plan.Defined contribution plansEmployer retirement plans:Defined contribution plans
Generally, you are covered by a defined contribution plan for a tax year if amounts are contributed or allocated to your account for the plan year
that ends with or within that tax year. However, also see Situations in Which You Are Not Covered, later.
A defined contribution plan is a plan that provides for a separate account for each person covered by the plan. In a defined contribution plan, the
amount to be contributed to each participant's account is spelled out in the plan. The level of benefits actually provided to a participant depends on
the total amount contributed to that participant's account and any earnings on those contributions. Types of defined contribution plans include
profit-sharing plans, stock bonus plans, and money purchase pension plans.
Example 1.
Company A has a money purchase pension plan. Its plan year is from July 1 to June 30. The plan provides that contributions must be allocated as of
June 30. Bob, an employee, leaves Company A on December 31, 2004. The contribution for the plan year ending on June 30, 2005, is made February 15,
2006. Because an amount is contributed to Bob's account for the plan year, Bob is covered by the plan for his 2005 tax year.
Example 2.
Mickey was covered by a profit-sharing plan and left the company on December 31, 2004. The plan year runs from July 1 to June 30. Under the terms
of the plan, employer contributions do not have to be made, but if they are made, they are contributed to the plan before the due date for filing the
company's tax return. Such contributions are allocated as of the last day of the plan year, and allocations are made to the accounts of individuals
who have any service during the plan year. As of June 30, 2005, no contributions were made that were allocated to the June 30, 2005, plan year, and no
forfeitures had been allocated within the plan year. In addition, as of that date, the company was not obligated to make a contribution for such plan
year and it was impossible to determine whether or not a contribution would be made for the plan year. On December 31, 2005, the company decided to
contribute to the plan for the plan year ending June 30, 2005. That contribution was made on February 15, 2006. Because an amount was allocated to
Mickey's account as of June 30, 2005, Mickey is an active participant in the plan for his 2006 tax year but not for his 2005 tax year.
No vested interest.
If an amount is allocated to your account for a plan year, you are covered by that plan even if you have no vested interest in (legal right to) the
account.
Defined benefit plan.Defined benefit plansEmployer retirement plans:Defined benefit plans
If you are eligible to participate in your employer's defined benefit plan for the plan year that ends within your tax year, you are covered by the
plan. This rule applies even if you:
Declined to participate in the plan,
Did not make a required contribution, or
Did not perform the minimum service required to accrue a benefit for the year.
A defined benefit plan is any plan that is not a defined contribution plan. In a defined benefit plan, the level of benefits to be provided to each
participant is spelled out in the plan. The plan administrator figures the amount needed to provide those benefits and those amounts are contributed
to the plan. Defined benefit plans include pension plans and annuity plans.
Example.
Nick, an employee of Company B, is eligible to participate in Company B's defined benefit plan, which has a July 1 to June 30 plan year. Nick
leaves Company B on December 31, 2004. Because Nick is eligible to participate in the plan for its year ending June 30, 2005, he is covered by the
plan for his 2005 tax year.
No vested interest.
If you accrue a benefit for a plan year, you are covered by that plan even if you have no vested interest in (legal right to) the accrual.
Situations in Which You Are Not Covered
Unless you are covered by another employer plan, you are not covered by an employer plan if you are in one of the situations described below.
Social security or railroad retirement.
Coverage under social security or railroad retirement is not coverage under an employer retirement plan.
Benefits from previous employer's plan.
If you receive retirement benefits from a previous employer's plan, you are not covered by that plan.
Reservists.Reservists
If the only reason you participate in a plan is because you are a member of a reserve unit of the armed forces, you may not be covered by the plan.
You are not covered by the plan if both of the following conditions are met.
The plan you participate in is established for its employees by:
The United States,
A state or political subdivision of a state, or
An instrumentality of either (a) or (b) above.
You did not serve more than 90 days on active duty during the year (not counting duty for training).
If the only reason you participate in a plan is because you are a volunteer firefighter, you may not be covered by the plan. You are not covered by
the plan if both of the following conditions are met.
The plan you participate in is established for its employees by:
The United States,
A state or political subdivision of a state, or
An instrumentality of either (a) or (b) above.
Your accrued retirement benefits at the beginning of the year will not provide more than $1,800 per year at retirement.
Limit If Covered By Employer PlanEmployer retirement plans:Limit if covered by
As discussed earlier, the deduction you can take for contributions made to your traditional IRA depends on whether you or your spouse was covered
for any part of the year by an employer retirement plan. Your deduction is also affected by how much income you had and by your filing status. Your
deduction may also be affected by social security benefits you received.
Reduced or no deduction.
If either you or your spouse was covered by an employer retirement plan, you may be entitled to only a partial (reduced) deduction or no deduction
at all, depending on your income and your filing status.
Your deduction begins to decrease (phase out) when your income rises above a certain amount and is eliminated altogether when it reaches a higher
amount. These amounts vary depending on your filing status.
To determine if your deduction is subject to the phaseout, you must determine your modified adjusted gross income (AGI) and your filing status, as
explained later under Deduction Phaseout. Once you have determined your modified AGI and your filing status, you can use Table 1-2 or Table
1-3 to determine if the phaseout applies.
Social Security RecipientsSocial Security recipientsTraditional IRAs:Social Security recipients
Instead of using Table 1-2 or Table 1-3 and Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2004, later, complete the worksheets in Appendix
B of this publication if, for the year, all of the following apply.
You received social security benefits.
You received taxable compensation.
Contributions were made to your traditional IRA.
You or your spouse was covered by an employer retirement plan.
Use the worksheets in Appendix B to figure your IRA deduction, your nondeductible contribution, and the taxable portion, if any, of your social
security benefits. Appendix B includes an example with filled-in worksheets to assist you.
<ROM>Table 1-2.</ROM> <BLD>Effect of Modified AGI
<SUP>1</SUP> on Deduction If You Are Covered by a Retirement Plan at Work</BLD>
If you are covered by a retirement plan at work, use this table to determine if your modified AGI affects the amount of your deduction.
IF your filing
status is ...AND your modified adjusted gross income (modified AGI)
is ...THEN you can take ...single or
head of household $50,000 or lessa full deduction.more than $50,000
but less than $60,000a partial deduction.$60,000 or moreno deduction.married filing jointly or
qualifying widow(er) $70,000 or lessa full deduction.more than $70,000
but less than $80,000a partial deduction.$80,000 or moreno deduction.married filing separately
2less than $10,000a partial deduction.$10,000 or moreno deduction.
1 Modified AGI (adjusted gross income). See Modified adjusted gross income (AGI), later.
2 If you did not live with your spouse at any time during the year, your filing status is considered Single for this purpose (therefore,
your IRA deduction is determined under the Single filing status).
Employer retirement plans:Effect of modified AGI on deduction (Table 1-2)Modified adjusted gross income (AGI):Employer retirement plan coverage and deduction (Table 1-2)Tables:Modified AGI:Employer retirement plan coverage and deduction (Table 1-2)
<ROM>Table 1-3.</ROM> <BLD>Effect of Modified AGI
<SUP>1</SUP> on Deduction If You Are NOT Covered by a Retirement Plan at Work</BLD>
If you are not covered by a retirement plan at work, use this table to determine if your modified AGI affects the amount of your
deduction.
IF your filing
status is ...AND your modified adjusted gross income (modified AGI) is ...THEN you can take ...single,head of household, or
qualifying widow(er)any amounta full deduction.married filing jointly or separately with a spouse who is not covered by a plan
at workany amounta full deduction.married filing jointly with a spouse who is covered by a plan
at work$150,000 or lessa full deduction.more than $150,000
but less than $160,000a partial deduction.$160,000 or moreno deduction.married filing separately with a spouse who is covered by a plan
at work
2less than $10,000a partial deduction.$10,000 or moreno deduction.
1 Modified AGI (adjusted gross income). See Modified adjusted gross income (AGI), later.
2 You are entitled to the full deduction if you did not live with your spouse at any time during the year.
Modified adjusted gross income (AGI):No employer retirement plan coverage and deduction (Table 1-3)Tables:Modified AGI:No employer retirement plan coverage and deduction (Table 1-3)Deduction PhaseoutDeductions:PhaseoutPhaseout of deduction
The amount of any reduction in the limit on your IRA deduction (phaseout) depends on whether you or your spouse was covered by an employer
retirement plan.
Covered by a retirement plan.
If you are covered by an employer retirement plan and you did not receive any social security retirement benefits, your IRA deduction may be
reduced or eliminated depending on your filing status and modified AGI, as shown in Table 1-2.
For 2006, if you are covered by a retirement plan at work, your IRA deduction will not be reduced (phased out) unless your modified AGI is:
More than $50,000 but less than $60,000 for a single individual (or head of household),
More than $75,000 but less than $85,000 for a married couple filing a joint return (or a qualifying widow(er)), or
Less than $10,000 for a married individual filing a separate return.
If your spouse is covered.
If you are not covered by an employer retirement plan, but your spouse is, and you did not receive any social security benefits, your IRA deduction
may be reduced or eliminated entirely depending on your filing status and modified AGI as shown in Table 1-3.
Filing status.Filing status:Deduction phaseout and
Your filing status depends primarily on your marital status. For this purpose you need to know if your filing status is single or head of
household, married filing jointly or qualifying widow(er), or married filing separately. If you need more information on filing status, see
Publication 501, Exemptions, Standard Deduction, and Filing Information.
Lived apart from spouse.Separated taxpayers:Filing status of
If you did not live with your spouse at any time during the year and you file a separate return, your filing status, for this purpose, is single.
Modified adjusted gross income (AGI).Adjusted gross income (AGI):Modified adjusted gross income (AGI)Modified adjusted gross income (AGI):Figuring (Worksheet 1-1)
You can use Worksheet 1-1 to figure your modified AGI. If you made contributions to your IRA for 2005 and received a distribution from your IRA in
2005, see Both contributions for 2005 and distributions in 2005, later.
Do not assume that your modified AGI is the same as your compensation. Your modified AGI may include income in addition to your compensation such
as interest, dividends, and income from IRA distributions.
Form 1040.Form 1040:Modified AGI calculation from
If you file Form 1040, refigure the amount on the page 1 adjusted gross income line without taking into account any of the following
amounts.
IRA deduction.
Student loan interest deduction.
Tuition and fees deduction.
Domestic production activities deduction.
Foreign earned income exclusion.
Foreign housing exclusion or deduction.
Exclusion of qualified savings bond interest shown on Form 8815.
Exclusion of employer-provided adoption benefits shown on Form 8839.
This is your modified AGI.
Form 1040A.Form 1040A:Modified AGI calculation from
If you file Form 1040A, refigure the amount on the page 1 adjusted gross income line without taking into account any of the following
amounts.
IRA deduction.
Student loan interest deduction.
Tuition and fees deduction.
Exclusion of qualified bond interest shown on Form 8815.
Exclusion of employer-provided adoption benefits shown on Form 8839.
This is your modified AGI.
Income from IRA distributions.Distributions:Income from
If you received distributions in 2005 from one or more traditional IRAs and your traditional IRAs include only deductible contributions, the
distributions are fully taxable and are included in your modified AGI.
Both contributions for 2005 and distributions in 2005.Contributions:Distributions in same year asDistributions:Contributions in same year as
If all three of the following apply, any IRA distributions you received in 2005 may be partly tax free and partly taxable.
You received distributions in 2005 from one or more traditional IRAs,
You made contributions to a traditional IRA for 2005, and
Some of those contributions may be nondeductible contributions. (See Nondeductible Contributions and Worksheet 1-2,
later.)
If this is your situation, you must figure the taxable part of the traditional IRA distribution before you can figure your modified AGI. To do
this, you can use Worksheet 1-5, Figuring the Taxable Part of Your IRA Distribution.
If at least one of the above does not apply, figure your modified AGI using Worksheet 1-1.
How To Figure Your Reduced IRA DeductionDeductions:Figuring reduced IRA deduction
If you or your spouse is covered by an employer retirement plan and you did not receive any social security benefits, you can figure your reduced
IRA deduction by using Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2005. The instructions for both Form 1040 and Form 1040A include similar
worksheets that you can use instead of the worksheet in this publication.
If you or your spouse is covered by an employer retirement plan, and you received any social security benefits, see Social Security
Recipients, earlier.
Note.
If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction separately.
<ROM>Worksheet 1-1. </ROM>Figuring Your Modified AGI
<L><ITL>Use this worksheet to figure your modified AGI for traditional IRA purposes.</ITL>
1.Enter your adjusted gross income (AGI) shown on line 22, Form 1040A, or line 38, Form 1040 figured without
taking into account line 17, Form 1040A, or line 32, Form 10401.2.Enter any student loan interest deduction from line 18, Form 1040A, or line 33, Form 10402.3.Enter any tuition and fees deduction from line 19, Form 1040A, or line 34, Form 10403.4.Enter any domestic production activities deduction from line 35, Form 10404.5.Enter any foreign earned income exclusion and/or housing exclusion from line 18, Form 2555-EZ, or line 43,
Form 25554.6.Enter any foreign housing deduction from line 48, Form 25555.7.Enter any excluded qualified savings bond interest shown on line 3, Schedule 1, Form 1040A, or line 3, Schedule B, Form
1040 (from line 14, Form 8815)6.8.Enter any exclusion of employer-provided adoption benefits shown on line 30, Form 88397.9.Add lines 1 through 8. This is your Modified AGI for traditional IRA purposes8.
If you file Form 1040, enter your IRA deduction on line 32 of that form. If you file Form 1040A, enter your IRA deduction on line 17 of that form.
You cannot deduct IRA contributions on Form 1040EZ.
If you are self-employed (a sole proprietor or partner) and have a SIMPLE IRA, enter your deduction for allowable plan contributions on Form 1040,
line 28.
Although your deduction for IRA contributions may be reduced or eliminated, contributions can be made to your IRA of up to the general limit or, if
it applies, the spousal IRA limit. The difference between your total permitted contributions and your IRA deduction, if any, is your nondeductible
contribution.
Example.
Tony is 29 years old and single. In 2005, he was covered by a retirement plan at work. His salary is $57,312. His modified adjusted gross income
(modified AGI) is $65,000. Tony makes a $4,000 IRA contribution for 2005. Because he was covered by a retirement plan and his modified AGI is above
$60,000, he cannot deduct his $4,000 IRA contribution. He must designate this contribution as a nondeductible contribution by reporting it on Form
8606.
Form 8606.Form 8606
To designate contributions as nondeductible, you must file Form 8606. (See the filled-in Forms 8606 in this chapter.)
You do not have to designate a contribution as nondeductible until you file your tax return. When you file, you can even designate otherwise
deductible contributions as nondeductible contributions.
You must file Form 8606 to report nondeductible contributions even if you do not have to file a tax return for the year.
Failure to report nondeductible contributions.Nondeductible contributions:Failure to report
If you do not report nondeductible contributions, all of the contributions to your traditional IRA will be treated as deductible. All distributions
from your IRA will be taxed unless you can show, with satisfactory evidence, that nondeductible contributions were made.
Penalty for overstatement.Nondeductible contributions:Overstatement penaltyPenalties:Overstatement of nondeductible contributions
If you overstate the amount of nondeductible contributions on your Form 8606 for any tax year, you must pay a penalty of $100 for each
overstatement, unless it was due to reasonable cause.
Penalty for failure to file Form 8606.Form 8606:Failure to file, penaltyPenalties:Failure to file Form 8606
You will have to pay a $50 penalty if you do not file a required Form 8606, unless you can prove that the failure was due to reasonable cause.
Tax on earnings on nondeductible contributions.
As long as contributions are within the contribution limits, none of the earnings or gains on contributions (deductible or nondeductible) will be
taxed until they are distributed.
You will have a cost basis in your traditional IRA if you made any nondeductible contributions. Your cost basis is the sum of the nondeductible
contributions to your IRA minus any withdrawals or distributions of nondeductible contributions.
Commonly, distributions from your traditional IRAs will include both taxable and nontaxable (cost basis) amounts. See Are Distributions
Taxable, later, for more information.
Recordkeeping. There is a recordkeeping worksheet, Appendix A, Summary Record of Traditional IRA(s) for 2005, that you can
use to keep a record of deductible and nondeductible IRA contributions.
Examples — Worksheet for
Reduced IRA Deduction for 2005Traditional IRAs:Reduced IRA deduction for 2005 (Worksheet 1-2)Worksheets:Figuring reduced IRA deduction for 2005 (Worksheet 1-2)
The following examples illustrate the use of Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2005.
Example 1.
For 2005, Tom and Betty file a joint return on Form 1040. They are both 39 years old. They are both employed and Tom is covered by his employer's
retirement plan. Tom's salary is $47,000 and Betty's is $26,555. They each have a traditional IRA and their combined modified AGI, which includes
$2,000 interest and dividend income, is $75,555. Because their modified AGI is between $70,000 and $80,000 and Tom is covered by an employer plan, Tom
is subject to the deduction phaseout discussed earlier under Limit If Covered By Employer Plan.
For 2005, Tom contributed $4,000 to his IRA and Betty contributed $4,000 to hers. Even though they file a joint return, they must use separate
worksheets to figure the IRA deduction for each of them.
Tom can take a deduction of only $1,780.
He can choose to treat the $1,780 as either deductible or nondeductible contributions. He can either leave the $2,220 ($4,000 − $1,780) of
nondeductible contributions in his IRA or withdraw them by April 17, 2006. He decides to treat the $1,780 as deductible contributions and leave the
$2,220 of nondeductible contributions in his IRA.
Using Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2005, Tom figures his deductible and nondeductible amounts as shown on Worksheet 1-2,
Figuring Your Reduced IRA Deduction for 2005–Example 1 Illustrated.
Betty figures her IRA deduction as follows. Betty can treat all or part of her contributions as either deductible or nondeductible. This is because
her $4,000 contribution for 2005 is not subject to the deduction phaseout discussed earlier under Limit If Covered By Employer Plan. She
does not need to use Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2005, because their modified AGI is not within the phaseout range that
applies. Betty decides to treat her $4,000 IRA contributions as deductible.
The IRA deductions of $1,780 and $4,000 on the joint return for Tom and Betty total $5,780.
Example 2.
For 2005, Ed and Sue file a joint return on Form 1040. They are both 39 years old. Ed is covered by his employer's retirement plan. Ed's salary is
$40,000. Sue had no compensation for the year and did not contribute to an IRA. Ed contributed $4,000 to his traditional IRA and $4,000 to a
traditional IRA for Sue (a spousal IRA). Their combined modified AGI, which includes $2,000 interest and dividend income and a large capital gain from
the sale of stock, is $156,555.
Because the combined modified AGI is $80,000 or more, Ed cannot deduct any of the contribution to his traditional IRA. He can either leave the
$4,000 of nondeductible contributions in his IRA or withdraw them by April 17, 2006.
Sue figures her IRA deduction as shown on Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2005—Example 2 Illustrated.
<ROM>Worksheet 1-2. </ROM>Figuring Your Reduced IRA Deduction for 2005
<L>
<L><ROM>(Use only if you or your spouse is covered by an employer plan and your modified AGI falls between the two amounts shown below for your
coverage situation and filing status.)</ROM>
<L>
<L><BIT>Note.</BIT> <ITL>If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction
separately.</ITL>Deductions:Traditional IRAsTraditional IRAs:DeductionsIF you ...AND your
filing status is ...AND your
modified
AGI is over ...THEN enter
on line 1
below ...are covered by an employer plan single or head of household$50,000$60,000married filing jointly or qualifying widow(er)$70,000$80,000married filing separately$0$10,000are not covered by an employer plan, but your spouse is
coveredmarried filing jointly$150,000$160,000married filing separately$0$10,0001.Enter applicable amount from table above1.2.Enter your modified AGI (that of both spouses, if married filing jointly)
2.Note. If line 2 is equal to or more than the amount on line 1, stop
here.Your IRA contributions are not deductible. See Nondeductible Contributions.3.Subtract line 2 from line 1. If line 3 is $10,000 or more, stop here. You can
take a full IRA deduction for contributions of up to $4,000 ($4,500 if you are age 50 or older) or 100% of your (and if married filing jointly, your
spouse's) compensation, whichever is less 3.4.Multiply line 3 by 40% (.40) (by 45% (.45) if you are age 50 or older). If the result is
not a multiple of $10, round it to the next highest multiple of $10. (For example, $611.40 is rounded to $620.) However, if the result is less than
$200, enter $200 4.5.Enter your compensation minus any deductions on Form 1040, line 27 (one-half of
self-employment tax) and line 28 (self-employed SEP, SIMPLE, and qualified plans). If you are filing a joint return and your compensation is less than
your spouse's, include your spouse's compensation reduced by his or her traditional IRA and Roth IRA contributions for this year. If you file Form
1040, do not reduce your compensation by any losses from self-employment 5.6.Enter contributions made, or to be made, to your IRA for 2005 but do not enter
more than $4,000 ($4,500 if you are age 50 or older). If contributions are more than $4,000 ($4,500 if you are age 50 or older), see Excess
Contributions, later. 6.7.IRA deduction. Compare lines 4, 5, and 6. Enter the smallest amount (or a
smaller amount if you choose) here and on the Form 1040 or 1040A line for your IRA, whichever applies. If line 6 is more than line 7 and you want to
make a nondeductible contribution, go to line 8 7.8.Nondeductible contribution. Subtract line 7 from line 5 or 6, whichever is
smaller.
Enter the result here and on line 1 of your Form 8606 8.
Traditional IRAs:Reduced IRA deduction for 2005 (Worksheet 1-2)Worksheets:Figuring reduced IRA deduction for 2005 (Worksheet 1-2)
What If You Inherit an IRA?DistributionsInherited IRAsInherited IRAsInherited IRAsTraditional IRAs:Inherited IRAs
If you inherit a traditional IRA, you are called a beneficiary. A beneficiary can be any person or entity the owner chooses to receive the benefits
of the IRA after he or she dies. Beneficiaries of a traditional IRA must include in their gross income any taxable distributions they receive.
Inherited from spouse.Spousal IRAs:Inherited
If you inherit a traditional IRA from your spouse, you generally have the following three choices. You can:
Treat it as your own IRA by designating yourself as the account owner.
Treat it as your own by rolling it over into your traditional IRA, or to the extent it is taxable, into a:
Qualified employer plan,
Qualified employee annuity plan (section 403(a) plan),
Tax-sheltered annuity plan (section 403(b) plan),
Deferred compensation plan of a state or local government (section 457 plan), or
Treat yourself as the beneficiary rather than treating the IRA as your own.
Treating it as your own.
You will be considered to have chosen to treat the IRA as your own if:
Contributions (including rollover contributions) are made to the inherited IRA, or
You do not take the required minimum distribution for a year as a beneficiary of the IRA.
You will only be considered to have chosen to treat the IRA as your own if:
You are the sole beneficiary of the IRA, and
You have an unlimited right to withdraw amounts from it.
However, if you receive a distribution from your deceased spouse's IRA, you can roll that distribution over into your own IRA within the 60-day
time limit, as long as the distribution is not a required distribution, even if you are not the sole beneficiary of your deceased spouse's IRA. For
more information, see When Must You Withdraw Assets? (Required Minimum Distributions), later.
Inherited from someone other than spouse.
If you inherit a traditional IRA from anyone other than your deceased spouse, you cannot treat the inherited IRA as your own. This means that you
cannot make any contributions to the IRA. It also means you cannot roll over any amounts into or out of the inherited IRA. However, you can make a
trustee-to-trustee transfer as long as the IRA into which amounts are being moved is set up and maintained in the name of the deceased IRA owner for
the benefit of you as beneficiary.
Like the original owner, you generally will not owe tax on the assets in the IRA until you receive distributions from it. You must begin receiving
distributions from the IRA under the rules for distributions that apply to beneficiaries.
IRA with basis.Basis:Inherited IRAs
If you inherit a traditional IRA from a person who had a basis in the IRA because of nondeductible contributions, that basis remains with the IRA.
Unless you are the decedent's spouse and choose to treat the IRA as your own, you cannot combine this basis with any basis you have in your own
traditional IRA(s) or any basis in traditional IRA(s) you inherited from other decedents. If you take distributions from both an inherited IRA and
your IRA, and each has basis, you must complete separate Forms 8606 to determine the taxable and nontaxable portions of those distributions.
Federal estate tax deduction.Estate tax:Deduction for inherited IRAs
A beneficiary may be able to claim a deduction for estate tax resulting from certain distributions from a traditional IRA. The beneficiary can
deduct the estate tax paid on any part of a distribution that is income in respect of a decedent. He or she can take the deduction for the tax year
the income is reported. For information on claiming this deduction, see Estate Tax Deduction under Other Tax Information in
Publication 559, Survivors, Executors, and Administrators.
Any taxable part of a distribution that is not income in respect of a decedent is a payment the beneficiary must include in income. However, the
beneficiary cannot take any estate tax deduction for this part.
A surviving spouse can roll over the distribution to another traditional IRA and avoid including it in income for the year received.
More information.
For more information about rollovers, required distributions, and inherited IRAs, see:
Rollovers, later under Can You Move Retirement Plan Assets?,
When Must You Withdraw Assets? (Required Minimum Distributions), later, and
The discussion of IRA beneficiaries later under When Must You Withdraw Assets? (Required Minimum Distributions).
Inherited IRAsTraditional IRAs:Inherited IRAs
Can You Move Retirement
Plan Assets?Traditional IRAs:TransfersTransfers
You can transfer, tax free, assets (money or property) from other retirement programs (including traditional IRAs) to a traditional IRA. You can
make the following kinds of transfers.
Transfers from one trustee to another.
Rollovers.
Transfers incident to a divorce.
This chapter discusses all three kinds of transfers.
Transfers to Roth IRAs.Transfers:To Roth IRAs
Under certain conditions, you can move assets from a traditional IRA to a Roth IRA. For more information about these transfers, see Converting
From Any Traditional IRA Into a Roth IRA, later, and Can You Move Amounts Into a Roth IRA? in chapter 2.
Trustee-to-Trustee TransferTransfers:Trustee to trusteeTrustee-to-trustee transfers
A transfer of funds in your traditional IRA from one trustee directly to another, either at your request or at the trustee's request, is not a
rollover. Because there is no distribution to you, the transfer is tax free. Because it is not a rollover, it is not affected by the 1-year waiting
period required between rollovers. This waiting period is discussed later under Rollover From One IRA Into Another.
For information about direct transfers from retirement programs other than traditional IRAs, see Direct rollover option, later.
Generally, a rollover is a tax-free distribution to you of cash or other assets from one retirement plan that you contribute to another retirement
plan. The contribution to the second retirement plan is called a rollover contribution.
Note.
An amount rolled over tax free from one retirement plan to another is generally includible in income when it is distributed from the second plan.
Kinds of rollovers to a traditional IRA.Rollovers:To traditional IRA
You can roll over amounts from the following plans into a traditional IRA:
A traditional IRA,
An employer's qualified retirement plan for its employees,
A deferred compensation plan of a state or local government (section 457 plan), or
A tax-sheltered annuity plan (section 403 plan).
Treatment of rollovers.
You cannot deduct a rollover contribution, but you must report the rollover distribution on your tax return as discussed later under Reporting
rollovers from IRAs and Reporting rollovers from employer plans.
Rollover notice.Notice:RolloversRollovers:Notice
A written explanation of rollover treatment must be given to you by the plan (other than an IRA) making the distribution.
Kinds of rollovers from a traditional IRA.Rollovers:From traditional IRA
You may be able to roll over, tax free, a distribution from your traditional IRA into a qualified plan. These plans include the Federal Thrift
Savings Fund (for federal employees), deferred compensation plans of state or local governments (section 457 plans), and tax-sheltered annuity plans
(section 403(b) plans). The part of the distribution that you can roll over is the part that would otherwise be taxable (includible in your income).
Qualified plans may, but are not required to, accept such rollovers.
Tax treatment of a rollover from a traditional IRA to an eligible retirement plan other than an IRA.Rollovers:Tax treatment of rollover from traditional IRA to eligible retirement plan other than an IRA
If you roll over a distribution from an IRA into an eligible retirement plan (defined next) other than an IRA, the part of the distribution you
roll over is considered to come from amounts other than after-tax contributions in your traditional IRAs. This means that you can roll over a
distribution from an IRA with nontaxable income into a qualified plan if you have enough taxable income in your IRAs to cover the nontaxable part. The
effect of this is to make the amount in your traditional IRAs that you can roll over to a qualified plan as large as possible.
Eligible retirement plans.
The following are considered eligible retirement plans.
Individual retirement arrangements (IRAs).
Qualified trusts.
Qualified employee annuity plans under section 403(a).
Deferred compensation plans of state and local governments (section 457 plans).
<ROM>Worksheet 1-2. </ROM>Figuring Your Reduced IRA Deduction for 2005—Example 1 Illustrated
<L>
<L><ROM>(Use only if you or your spouse is covered by an employer plan and your modified AGI falls between the two amounts shown below for your
coverage situation and filing status.)</ROM>
<L>
<L><BIT>Note.</BIT> <ITL>If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction
separately.</ITL>IF you ...AND your
filing status is ...AND your
modified AGI
is over ...THEN enter on
line 1 below ...are covered by an employer plan single or head of household$50,000$60,000married filing jointly or qualifying widow(er)$70,000$80,000married filing separately$0$10,000are not covered by an employer plan, but your spouse is
coveredmarried filing jointly$150,000$160,000married filing separately$0$10,0001.Enter applicable amount from table above1.80,0002.Enter your modified AGI (that of both spouses, if married filing jointly)
2.75,555Note. If line 2 is equal to or more than the amount on line 1, stop
here.Your IRA contributions are not deductible. See Nondeductible Contributions.3.Subtract line 2 from line 1. If line 3 is $10,000 or more, stop here. You can
take a full IRA deduction for contributions of up to $4,000 ($4,500 if you are age 50 or older) or 100% of your (and if married filing jointly, your
spouse's) compensation, whichever is less 3.4,4454.Multiply line 3 by 40% (.40) (by 45% (.45) if you are age 50 or older). If the result is
not a multiple of $10, round it to the next highest multiple of $10. (For example, $611.40 is rounded to $620.) However, if the result is less than
$200, enter $200 4.1,7805.Enter your compensation minus any deductions on Form 1040, line 27 (one-half of
self-employment tax) and line 28 (self-employed SEP, SIMPLE, and qualified plans). If you are filing a joint return and your compensation is less than
your spouse's, include your spouse's compensation reduced by his or her traditional IRA and Roth IRA contributions for this year. If you file Form
1040, do not reduce your compensation by any losses from self-employment 5.47,0006.Enter contributions made, or to be made, to your IRA for 2005 but do not enter
more than $4,000 ($4,500 if you are age 50 or older). If contributions are more than $4,000 ($4,500 if you are age 50 or older), see Excess
Contributions, later. 6.4,0007.IRA deduction. Compare lines 4, 5, and 6. Enter the smallest amount (or a
smaller amount if you choose) here and on the Form 1040 or 1040A line for your IRA, whichever applies. If line 6 is more than line 7 and you want to
make a nondeductible contribution, go to line 8 7.1,7808.Nondeductible contribution. Subtract line 7 from line 5 or 6, whichever is
smaller.
Enter the result here and on line 1 of your Form 8606 8.2,220
Deductions:Figuring reduced IRA deduction:2005—illustrated example (Worksheet 1-2)
<ROM>Worksheet 1-2. </ROM>Figuring Your Reduced IRA Deduction for 2005—Example 2 Illustrated
<L>
<L><ROM>(Use only if you or your spouse is covered by an employer plan and your modified AGI falls between the two amounts shown below for your
coverage situation and filing status.)</ROM>
<L>
<L><BIT>Note.</BIT> <ITL>If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction
separately.</ITL>IF you ...AND your
filing status is ...AND your
modified AGI
is over ...THEN enter on
line 1 below ...are covered by an employer plan single or head of household$50,000$60,000married filing jointly or qualifying widow(er)$70,000$80,000married filing separately$0$10,000are not covered by an employer plan, but your spouse is
coveredmarried filing jointly$150,000$160,000married filing separately$0$10,0001.Enter applicable amount from table above1.160,0002.Enter your modified AGI (that of both spouses, if married filing jointly)
2.156,555Note. If line 2 is equal to or more than the amount on line 1, stop
here.Your IRA contributions are not deductible. See Nondeductible Contributions.3.Subtract line 2 from line 1. If line 3 is $10,000 or more, stop here. You can
take a full IRA deduction for contributions of up to $4,000 ($4,500 if you are age 50 or older) or 100% of your (and if married filing jointly, your
spouse's) compensation, whichever is less 3.3,4454.Multiply line 3 by 40% (.40) (by 45% (.45) if you are age 50 or older). If the result is
not a multiple of $10, round it to the next highest multiple of $10. (For example, $611.40 is rounded to $620.) However, if the result is less than
$200, enter $200 4.1,3805.Enter your compensation minus any deductions on Form 1040, line 27 (one-half of
self-employment tax) and line 28 (self-employed SEP, SIMPLE, and qualified plans). If you are filing a joint return and your compensation is less than
your spouse's, include your spouse's compensation reduced by his or her traditional IRA and Roth IRA contributions for this year. If you file Form
1040, do not reduce your compensation by any losses from self-employment 5.36,0006.Enter contributions made, or to be made, to your IRA for 2005 but do not enter
more than $4,000 ($4,500 if you are age 50 or older). If contributions are more than $4,000 ($4,500 if you are age 50 or older), see Excess
Contributions, later. 6.4,0007.IRA deduction. Compare lines 4, 5, and 6. Enter the smallest amount (or a
smaller amount if you choose) here and on the Form 1040 or 1040A line for your IRA, whichever applies. If line 6 is more than line 7 and you want to
make a nondeductible contribution, go to line 8 7.1,3808.Nondeductible contribution. Subtract line 7 from line 5 or 6, whichever is
smaller.
Enter the result here and on line 1 of your Form 8606 8.2,620
Time Limit for Making
a Rollover ContributionRollovers:Time limit60-day period for rollovers
You generally must make the rollover contribution by the 60th day after the day you receive the distribution from your traditional IRA or your
employer's plan. However, see Extension of rollover period, later.
The IRS may waive the 60-day requirement where the failure to do so would be against equity or good conscience, such as in the event of a casualty,
disaster, or other event beyond your reasonable control.
Rollovers completed after the 60-day period.Rollovers:Completed after 60-day period
In the absence of a waiver, amounts not rolled over within the 60-day period do not qualify for tax-free rollover treatment. You must treat them as
a taxable distribution from either your IRA or your employer's plan. These amounts are taxable in the year distributed, even if the 60-day period
expires in the next year. You may also have to pay a 10% additional tax on early distributions as discussed later under Early
Distributions.
Unless there is a waiver or an extension of the 60-day rollover period, any contribution you make to your IRA more than 60 days after the
distribution is a regular contribution, not a rollover contribution.
Example.
You received a distribution in late December 2005 from a traditional IRA that you do not roll over into another traditional IRA within the 60-day
limit. You do not qualify for a waiver. This distribution is taxable in 2005 even though the 60-day limit was not up until 2006.
Automatic waiver.
The 60-day rollover requirement is waived automatically only if all of the following apply.
The financial institution receives the funds on your behalf before the end of the 60-day rollover period.
You followed all the procedures set by the financial institution for depositing the funds into an eligible retirement plan within the 60-day
period (including giving instructions to deposit the funds into an eligible retirement plan).
The funds are not deposited into an eligible retirement plan within the 60-day rollover period solely because of an error on the part of the
financial institution.
The funds are deposited into an eligible retirement plan within 1 year from the beginning of the 60-day rollover period.
It would have been a valid rollover if the financial institution had deposited the funds as instructed.
Other waivers.
If you do not qualify for an automatic waiver, you can apply to the IRS for a waiver of the 60-day rollover requirement. You apply by following the
procedures for applying for a letter ruling. Those procedures are stated in a revenue procedure generally published in the first Internal Revenue
Bulletin of the year. You must also pay a user fee with the application. For how to get that revenue procedure, see chapter 6.
In determining whether to grant a waiver, the IRS will consider all relevant facts and circumstances, including:
Whether errors were made by the financial institution (other than those described under Automatic waiver, above),
Whether you were unable to complete the rollover due to death, disability, hospitalization, incarceration, restrictions imposed by a foreign
country or postal error,
Whether you used the amount distributed (for example, in the case of payment by check, whether you cashed the check), and
How much time has passed since the date of distribution.
Amount.Rollovers:Amount
The rules regarding the amount that can be rolled over within the 60-day time period also apply to the amount that can be deposited due to a
waiver. For example, if you received $6,000 from your IRA, the most that you can deposit into an eligible retirement plan due to a waiver is $6,000.
Extension of rollover period.Rollovers:Extension of period
If an amount distributed to you from a traditional IRA or a qualified employer retirement plan is a frozen deposit at any time during the 60-day
period allowed for a rollover, two special rules extend the rollover period.
The period during which the amount is a frozen deposit is not counted in the 60-day period.
The 60-day period cannot end earlier than 10 days after the deposit is no longer frozen.
Frozen deposit.Frozen deposits
This is any deposit that cannot be withdrawn from a financial institution because of either of the following reasons.
The financial institution is bankrupt or insolvent.
The state where the institution is located restricts withdrawals because one or more financial institutions in the state are (or are about
to be) bankrupt or insolvent.
Rollover From One IRA Into AnotherRollovers:From one IRA into another
You can withdraw, tax free, all or part of the assets from one traditional IRA if you reinvest them within 60 days in the same or another
traditional IRA. Because this is a rollover, you cannot deduct the amount that you reinvest in an IRA.
You may be able to treat a contribution made to one type of IRA as having been made to a different type of IRA. This is called recharacterizing the
contribution. See Recharacterizations in this chapter for more information.
Waiting period between rollovers.Rollovers:Waiting period between
Generally, if you make a tax-free rollover of any part of a distribution from a traditional IRA, you cannot, within a 1-year period, make a
tax-free rollover of any later distribution from that same IRA. You also cannot make a tax-free rollover of any amount distributed, within the same
1-year period, from the IRA into which you made the tax-free rollover.
The 1-year period begins on the date you receive the IRA distribution, not on the date you roll it over into an IRA.
Example.
You have two traditional IRAs, IRA-1 and IRA-2. You make a tax-free rollover of a distribution from IRA-1 into a new traditional IRA (IRA-3). You
cannot, within 1 year of the distribution from IRA-1, make a tax-free rollover of any distribution from either IRA-1 or IRA-3 into another traditional
IRA.
However, the rollover from IRA-1 into IRA-3 does not prevent you from making a tax-free rollover from IRA-2 into any other traditional IRA. This is
because you have not, within the last year, rolled over, tax-free, any distribution from IRA-2 or made a tax-free rollover into IRA-2.
Exception.
There is an exception to the rule that amounts rolled over tax free into an IRA cannot be rolled over tax free again within the 1-year period
beginning on the date of the original distribution. The exception applies to a distribution which meets all three of the following requirements.
It is made from a failed financial institution by the Federal Deposit Insurance Corporation (FDIC) as receiver for the
institution.
It was not initiated by either the custodial institution or the depositor.
It was made because:
The custodial institution is insolvent, and
The receiver is unable to find a buyer for the institution.
The same property must be rolled over.
If property is distributed to you from an IRA and you complete the rollover by contributing property to an IRA, your rollover is tax free only if
the property you contribute is the same property that was distributed to you.
If you withdraw assets from a traditional IRA, you can roll over part of the withdrawal tax free and keep the rest of it. The amount you keep will
generally be taxable (except for the part that is a return of nondeductible contributions). The amount you keep may be subject to the 10% additional
tax on early distributions discussed later under What Acts Result in Penalties or Additional Taxes.
Required distributions.
Amounts that must be distributed during a particular year under the required distribution rules (discussed later) are not eligible for rollover
treatment.
If you inherit a traditional IRA from your spouse, you generally can roll it over, or you can choose to make the inherited IRA your own as
discussed earlier under What If You Inherit an IRA.
Not inherited from spouse.
If you inherited a traditional IRA from someone other than your spouse, you cannot roll it over or allow it to receive a rollover contribution. You
must withdraw the IRA assets within a certain period. For more information, see When Must You Withdraw Assets, later.
Reporting rollovers from IRAs.Reporting:Rollovers:From IRAs
Report any rollover from one traditional IRA to the same or another traditional IRA on Form 1040, lines 15a and 15b or on Form 1040A, lines 11a and
11b.
Enter the total amount of the distribution on Form 1040, line 15a or on Form 1040A, line 11a . If the total amount on Form 1040, line 15a or on
Form 1040A, line 11a was rolled over, enter zero on Form 1040, line 15b or on Form 1040A, line 11b. If the total distribution was not rolled over,
enter the taxable portion of the part that was not rolled over on Form 1040, line 15b or on Form 1040A, line 11b. Put Rollover next to line
15b, Form 1040 or line 11b, Form 1040A. See the forms' instructions.
If you rolled over the distribution in 2006 or from an IRA into a qualified plan (other than an IRA), attach a statement explaining what you did.
For information on how to figure the taxable portion, see Are Distributions Taxable, later.
Rollover From Employer's Plan
Into an IRARollovers:From employer's plan into an IRA
You can roll over into a traditional IRA all or part of an eligible rollover distribution you receive from your (or your deceased spouse's):
Employer's qualified pension, profit-sharing or stock bonus plan,
Annuity plan,
Tax-sheltered annuity plan (section 403(b) plan), or
Governmental deferred compensation plan (section 457 plan).
A qualified plan is one that meets the requirements of the Internal Revenue Code.
Eligible rollover distribution.
Generally, an eligible rollover distribution is any distribution of all or part of the balance to your credit in a qualified retirement plan except
the following.
A required minimum distribution (explained later under When Must You Withdraw Assets? (Required Minimum
Distributions)).
A hardship distribution.
Any of a series of substantially equal periodic distributions paid at least once a year over:
Your lifetime or life expectancy,
The lifetimes or life expectancies of you and your beneficiary, or
A period of 10 years or more.
Corrective distributions of excess contributions or excess deferrals, and any income allocable to the excess, or of excess annual additions
and any allocable gains.
A loan treated as a distribution because it does not satisfy certain requirements either when made or later (such as upon default), unless
the participant's accrued benefits are reduced (offset) to repay the loan.
Dividends on employer securities.
The cost of life insurance coverage.
Generally, a distribution to the plan participant's beneficiary.
Your rollover into a traditional IRA may include both amounts that would be taxable and amounts that would not be taxable if they were distributed
to you, but not rolled over. To the extent the distribution is rolled over into a traditional IRA, it is not includible in your income.
Written explanation to recipients.Notice:Qualified employer plan to provide prior to rollover distribution
Before making an eligible rollover distribution, the administrator of a qualified employer plan must provide you with a written explanation. It
must tell you about all of the following.
Your right to have the distribution paid tax free directly to a traditional IRA or another eligible retirement plan.
The requirement to withhold tax from the distribution if it is not paid directly to a traditional IRA or another eligible retirement
plan.
The tax treatment of any part of the distribution that you roll over to a traditional IRA or another eligible retirement plan within 60 days
after you receive the distribution.
Other qualified employer plan rules, if they apply, including those for lump-sum distributions, alternate payees, and cash or deferred
arrangements.
How the plan receiving the distribution differs from the plan making the distribution in its restrictions and tax consequences.
The plan administrator must provide you with this written explanation no earlier than 90 days and no later than 30 days before the distribution is
made.
However, you can choose to have a distribution made less than 30 days after the explanation is provided as long as both of the following
requirements are met.
You are given at least 30 days after the notice is provided to consider whether you want to elect a direct rollover.
You are given information that clearly states that you have this 30-day period to make the decision.
Contact the plan administrator if you have any questions regarding this information.
Withholding requirement.RolloversWithholdingWithholdingWithholding:Eligible rollover distribution paid to taxpayer
Generally, if an eligible rollover distribution is paid directly to you, the payer must withhold 20% of it. This applies even if you plan to roll
over the distribution to a traditional IRA. You can avoid withholding by choosing the direct rollover option, discussed later.
Exceptions.
The payer does not have to withhold from an eligible rollover distribution paid to you if either of the following conditions apply.
The distribution and all previous eligible rollover distributions you received during your tax year from the same plan (or, at the payer's
option, from all your employer's plans) total less than $200.
The distribution consists solely of employer securities, plus cash of $200 or less in lieu of fractional shares.
The amount withheld is part of the distribution. If you roll over less than the full amount of the distribution, you may have to include in your
income the amount you do not roll over. However, you can make up the amount withheld with funds from other sources.
Other withholding rules.20% withholding
The 20% withholding requirement does not apply to distributions that are not eligible rollover distributions. However, other withholding rules
apply to these distributions. The rules that apply depend on whether the distribution is a periodic distribution or a nonperiodic distribution. For
either of these types of distributions, you can still choose not to have tax withheld. For more information, see Publication 575.
Direct rollover option.Rollovers:Direct rollover option
Your employer's qualified plan must give you the option to have any part of an eligible rollover distribution paid directly to a traditional IRA.
The plan is not required to give you this option if your eligible rollover distributions are expected to total less than $200 for the year.
Withholding.Withholding:Direct rollover option
If you choose the direct rollover option, no tax is withheld from any part of the designated distribution that is directly paid to the trustee of
the traditional IRA.
If any part is paid to you, the payer must withhold 20% of that part's taxable amount.
Choosing an option.Rollovers:Choosing an option (Table 1-4)Tables:Rollover vs. direct payment to taxpayer (Table 1-4)
Table 1-4 may help you decide which distribution option to choose. Carefully compare the effects of each option.
<ROM>Table 1-4.</ROM>
<IMARK>Comparison of Payment to You Versus Direct RolloverAffected itemResult of a payment to youResult of a
direct rolloverwithholdingThe payer must withhold 20% of the taxable part.There is no withholding.additional taxIf you are under age 59, a 10% additional tax may apply to the taxable part (including an amount equal to the
tax withheld) that is not rolled over. There is no 10% additional tax. See Early Distributions.when to report
as incomeAny taxable part (including the taxable part of any amount withheld) not rolled over is income to you in the year paid.Any taxable part is not income to you until later distributed to you from the
IRA.
If you decide to roll over any part of a distribution, the direct rollover option will generally be to your advantage. This is because you will not
have 20% withholding or be subject to the 10% additional tax under that option.
If you have a lump-sum distribution and do not plan to roll over any part of it, the distribution may be eligible for special tax treatment that
could lower your tax for the distribution year. In that case, you may want to see Publication 575 and Form 4972, Tax on Lump-Sum Distributions, and
its instructions to determine whether your distribution qualifies for special tax treatment and, if so, to figure your tax under the special methods.
You can then compare any advantages from using Form 4972 to figure your tax on the lump-sum distribution with any advantages from rolling over all
or part of the distribution. However, if you roll over any part of the lump-sum distribution, you cannot use the Form 4972 special tax treatment for
any part of the distribution.
Contributions you made to your employer's plan.
You can roll over a distribution of voluntary deductible employee contributions (DECs) you made to your employer's plan. Prior to January 1, 1987,
employees could make and deduct these contributions to certain qualified employers' plans and government plans. These are not the same as an
employee's elective contributions to a 401(k) plan, which are not deductible by the employee.
If you receive a distribution from your employer's qualified plan of any part of the balance of your DECs and the earnings from them, you can roll
over any part of the distribution.
No waiting period between rollovers.Rollovers:Waiting period between
The once-a-year limit on IRA-to-IRA rollovers does not apply to eligible rollover distributions from an employer plan. You can roll over more than
one distribution from the same employer plan within a year.
IRA as a holding account (conduit IRA) for rollovers to other eligible plans.Conduit IRAsRollovers:Conduit IRAs
If you receive an eligible rollover distribution from your employer's plan, you can roll over part or all of it into one or more conduit IRAs. You
can later roll over those assets into a new employer's plan. You can use a traditional IRA as a conduit IRA. You can roll over part or all of the
conduit IRA to a qualified plan, even if you make regular contributions to it or add funds from sources other than your employer's plan. However, if
you make regular contributions to the conduit IRA or add funds from other sources, the qualified plan into which you move funds will not be eligible
for any optional tax treatment for which it might have otherwise qualified.
Property and cash received in a distribution.
If you receive both property and cash in an eligible rollover distribution, you can roll over part or all of the property, part or all of the cash,
or any combination of the two that you choose.
The same property (or sales proceeds) must be rolled over.
If you receive property in an eligible rollover distribution from a qualified retirement plan you cannot keep the property and contribute cash to a
traditional IRA in place of the property. You must either roll over the property or sell it and roll over the proceeds, as explained next.
Sale of property received in a distribution from a qualified plan.
Instead of rolling over a distribution of property other than cash, you can sell all or part of the property and roll over the amount you receive
from the sale (the proceeds) into a traditional IRA. You cannot keep the property and substitute your own funds for property you received.
Example.
You receive a total distribution from your employer's plan consisting of $10,000 cash and $15,000 worth of property. You decide to keep the
property. You can roll over to a traditional IRA the $10,000 cash received, but you cannot roll over an additional $15,000 representing the value of
the property you choose not to sell.
Treatment of gain or loss.
If you sell the distributed property and roll over all the proceeds into a traditional IRA, no gain or loss is recognized. The sale proceeds
(including any increase in value) are treated as part of the distribution and are not included in your gross income.
Example.
On September 2, Mike received a lump-sum distribution from his employer's retirement plan of $50,000 in cash and $50,000 in stock. The stock was
not stock of his employer. On September 24, he sold the stock for $60,000. On October 4, he rolled over $110,000 in cash ($50,000 from the original
distribution and $60,000 from the sale of stock). Mike does not include the $10,000 gain from the sale of stock as part of his income because he
rolled over the entire amount into a traditional IRA.
Note.
Special rules may apply to distributions of employer securities. For more information, see Publication 575.
If you received both cash and property, or just property, but did not roll over the entire distribution, see Rollovers in Publication
575.
Life insurance contract.Life insurance
You cannot roll over a life insurance contract from a qualified plan into a traditional IRA.
Distributions received by a surviving spouse.Surviving spouse:Rollovers by
If you receive an eligible rollover distribution (defined earlier) from your deceased spouse's eligible retirement plan (defined earlier), you can
roll over part or all of it into a traditional IRA. You can also roll over all or any part of a distribution of deductible employee contributions
(DECs).
Distributions under divorce or similar proceedings (alternate payees).Divorce:Rollovers by former spouse
If you are the spouse or former spouse of an employee and you receive a distribution from a qualified employer plan as a result of divorce or
similar proceedings, you may be able to roll over all or part of it into a traditional IRA. To qualify, the distribution must be:
One that would have been an eligible rollover distribution (defined earlier) if it had been made to the employee, and
A domestic relations order is a judgment, decree, or order (including approval of a property settlement agreement) that is issued under the
domestic relations law of a state. A qualified domestic relations order gives to an alternate payee (a spouse, former spouse, child, or
dependent of a participant in a retirement plan) the right to receive all or part of the benefits that would be payable to a participant under the
plan. The order requires certain specific information, and it cannot alter the amount or form of the benefits of the plan.
Tax treatment if all of an eligible distribution is not rolled over.
Any part of an eligible rollover distribution that you keep is taxable in the year you receive it. If you do not roll over any of it, special rules
for lump-sum distributions may apply. See Publication 575. The 10% additional tax on early distributions, discussed later under What Acts Result
in Penalties or Additional Taxes, does not apply.
Keogh plans and rollovers.Keogh plans:Rollovers fromRollovers:From Keogh plans
If you are self-employed, you are generally treated as an employee for rollover purposes. Consequently, if you receive an eligible rollover
distribution from a Keogh plan (a qualified plan with at least one self-employed participant), you can roll over all or part of the distribution
(including a lump-sum distribution) into a traditional IRA. For information on lump-sum distributions, see Publication 575.
More information.
For more information about Keogh plans, see Publication 560.
Distribution from a tax-sheltered annuity.Tax-sheltered annuities:Rollovers from
If you receive an eligible rollover distribution from a tax-sheltered annuity plan (section 403(b) plan), you can roll it over into a traditional
IRA.
Receipt of property other than money.
If you receive property other than money, you can sell the property and roll over the proceeds as discussed earlier.
Rollover from bond purchase plan.Bond purchase plans:Rollovers fromRollovers:From bond purchase plan
If you redeem retirement bonds that were distributed to you under a qualified bond purchase plan, you can roll over tax free into a traditional IRA
the part of the amount you receive that is more than your basis in the retirement bonds.
Reporting rollovers from employer plans.Reporting:Rollovers:From employer plansRollovers
Enter the total distribution (before income tax or other deductions were withheld) on Form 1040, line 16a, or Form 1040A, line 12a. This amount
should be shown in box 1 of Form 1099-R. From this amount, subtract any contributions (usually shown in box 5 of Form 1099-R) that were taxable to you
when made. From that result, subtract the amount that was rolled over either directly or within 60 days of receiving the distribution. Enter the
remaining amount, even if zero, on Form 1040, line 16b, or Form 1040A, line 12b. Also, enter "Rollover" next to line 16b on Form 1040 or line 12b of
Form 1040A.
Transfers Incident To DivorceDivorce:Transfers incident toTransfers:Divorce
If an interest in a traditional IRA is transferred from your spouse or former spouse to you by a divorce or separate maintenance decree or a
written document related to such a decree, the interest in the IRA, starting from the date of the transfer, is treated as your IRA. The transfer is
tax free. For information about transfers of interests in employer plans, see Distributions under divorce or similar proceedings (alternate
payees) under Rollover From Employer's Plan Into an IRA, earlier.
Transfer methods.
There are two commonly-used methods of transferring IRA assets to a spouse or former spouse. The methods are:
Changing the name on the IRA, and
Making a direct transfer of IRA assets.
Changing the name on the IRA.
If all the assets are to be transferred, you can make the transfer by changing the name on the IRA from your name to the name of your spouse or
former spouse.
Direct transfer.
Under this method, you direct the trustee of the traditional IRA to transfer the affected assets directly to the trustee of a new or existing
traditional IRA set up in the name of your spouse or former spouse.
If your spouse or former spouse is allowed to keep his or her portion of the IRA assets in your existing IRA, you can direct the trustee to
transfer the assets you are permitted to keep directly to a new or existing traditional IRA set up in your name. The name on the IRA containing your
spouse's or former spouse's portion of the assets would then be changed to show his or her ownership.
If the transfer results in a change in the basis of the traditional IRA of either spouse, both spouses must file Form 8606 and follow the
directions in the instructions for that form.
Converting From Any Traditional IRA Into a Roth IRARoth IRAs:Traditional IRAs converted intoTraditional IRAs:Converting into Roth IRA
You can convert amounts from a traditional IRA into a Roth IRA if, for the tax year you make the withdrawal from the traditional IRA, both of the
following requirements are met.
Your modified AGI for Roth IRA purposes (explained in chapter 2) is not more than $100,000.
You are not a married individual filing a separate return.
Note.
If you did not live with your spouse at any time during the year and you file a separate return, your filing status, for this purpose, is single.
Allowable conversions.
You can withdraw all or part of the assets from a traditional IRA and reinvest them (within 60 days) in a Roth IRA. The amount that you withdraw
and timely contribute (convert) to the Roth IRA is called a conversion contribution. If properly (and timely) rolled over, the 10% additional tax on
early distributions will not apply.
You must roll over into the Roth IRA the same property you received from the traditional IRA. You can roll over part of the withdrawal into a Roth
IRA and keep the rest of it. The amount you keep will generally be taxable (except for the part that is a return of nondeductible contributions) and
may be subject to the 10% additional tax on early distributions. See When Can You Withdraw or Use Assets, later for more information on
distributions from traditional IRAs and Early Distributions, later, for more information on the tax on early distributions.
Periodic distributions.
If you have started taking substantially equal periodic payments from a traditional IRA, you can convert the amounts in the traditional IRA to a
Roth IRA and then continue the periodic payments. The 10% additional tax on early distributions will not apply even if the distributions are not
qualified distributions (as long as they are part of a series of substantially equal periodic payments).
Required distributions.
You cannot convert amounts that must be distributed from your traditional IRA for a particular year (including the calendar year in which you reach
age 70) under the required distribution rules (discussed in this chapter).
Inherited IRAs.Inherited IRAs:Converted into Roth IRA
If you inherited a traditional IRA from someone other than your spouse, you cannot convert it to a Roth IRA.
Income.
You must include in your gross income distributions from a traditional IRA that you would have had to include in income if you had not converted
them into a Roth IRA. You do not include in gross income any part of a distribution from a traditional IRA that is a return of your basis, as
discussed under Are Distributions Taxable, later in this chapter.
If you must include any amount in your gross income, you may have to increase your withholding or make estimated tax payments. See Publication 505,
Tax Withholding and Estimated Tax.
You may be able to treat a contribution made to one type of IRA as having been made to a different type of IRA. This is called recharacterizing the
contribution.
To recharacterize a contribution, you generally must have the contribution transferred from the first IRA (the one to which it was made) to the
second IRA in a trustee-to-trustee transfer. If the transfer is made by the due date (including extensions) for your tax return for the year during
which the contribution was made, you can elect to treat the contribution as having been originally made to the second IRA instead of to the first IRA.
If you recharacterize your contribution, you must do all three of the following.
Include in the transfer any net income allocable to the contribution. If there was a loss, the net income you must transfer may be a
negative amount.
Report the recharacterization on your tax return for the year during which the contribution was made.
Treat the contribution as having been made to the second IRA on the date that it was actually made to the first IRA.
No deduction allowed.
You cannot deduct the contribution to the first IRA. Any net income you transfer with the recharacterized contribution is treated as earned in the
second IRA. The contribution will not be treated as having been made to the second IRA to the extent any deduction was allowed for the contribution to
the first IRA.
Conversion by rollover from traditional to Roth IRA.
For recharacterization purposes, if you receive a distribution from a traditional IRA in one tax year and roll it over into a Roth IRA in the next
year, but still within 60 days of the distribution from the traditional IRA, treat it as a contribution to the Roth IRA in the year of the
distribution from the traditional IRA.
Effect of previous tax-free transfers.
If an amount has been moved from one IRA to another in a tax-free transfer, such as a rollover, you generally cannot recharacterize the amount that
was transferred. However, see Traditional IRA mistakenly moved to SIMPLE IRA, later.
Recharacterizing to a SEP-IRA or SIMPLE IRA.SEP-IRAs:Recharacterizing toSIMPLE IRAs:Recharacterizing toRoth IRAs:Conversion
Roth IRA conversion contributions from a SEP-IRA or SIMPLE IRA can be recharacterized to a SEP-IRA or SIMPLE IRA (including the original SEP-IRA or
SIMPLE IRA).
Traditional IRA mistakenly moved to SIMPLE IRA.SIMPLE IRAs:Traditional IRA mistakenly moved toTraditional IRAs:Mistakenly moved to SIMPLE IRA
If you mistakenly roll over or transfer an amount from a traditional IRA to a SIMPLE IRA, you can later recharacterize the amount as a contribution
to another traditional IRA.
You can recharacterize only actual contributions. If you are applying excess contributions for prior years as current contributions, you can
recharacterize them only if the recharacterization would still be timely with respect to the tax year for which the applied contributions were
actually made.
Example.
You contributed more than you were entitled to in 2005. You cannot recharacterize the excess contributions you made in 2005 after April 17, 2006,
because contributions after that date are no longer timely for 2005.
Recharacterizing employer contributions.
You cannot recharacterize employer contributions (including elective deferrals) under a SEP or SIMPLE plan as contributions to another IRA. SEPs
are discussed in Publication 560. SIMPLE plans are discussed in chapter 3.
Recharacterization not counted as rollover.
The recharacterization of a contribution is not treated as a rollover for purposes of the 1-year waiting period described earlier in this chapter
under Rollover From One IRA Into Another. This is true even if the contribution would have been treated as a rollover contribution by the
second IRA if it had been made directly to the second IRA rather than as a result of a recharacterization of a contribution to the first IRA.
ReconversionsReconversion
You cannot convert and reconvert an amount during the same taxable year or, if later, during the 30-day period following a recharacterization. If
you reconvert during either of these periods, it will be a failed conversion.
Example.
If you convert an amount from a traditional IRA to a Roth IRA and then transfer that amount back to a traditional IRA in a recharacterization in
the same year, you may not reconvert that amount from the traditional IRA to a Roth IRA before:
The beginning of the year following the year in which the amount was converted to a Roth IRA or, if later,
The end of the 30-day period beginning on the day on which you transfer the amount from the Roth IRA back to a traditional IRA in a
recharacterization.
How Do You Recharacterize a Contribution?
To recharacterize a contribution, you must notify both the trustee of the first IRA (the one to which the contribution was actually made) and the
trustee of the second IRA (the one to which the contribution is being moved) that you have elected to treat the contribution as having been made to
the second IRA rather than the first. You must make the notifications by the date of the transfer. Only one notification is required if both IRAs are
maintained by the same trustee. The notification(s) must include all of the following information.
The type and amount of the contribution to the first IRA that is to be recharacterized.
The date on which the contribution was made to the first IRA and the year for which it was made.
A direction to the trustee of the first IRA to transfer in a trustee-to-trustee transfer the amount of the contribution and any net income
(or loss) allocable to the contribution to the trustee of the second IRA.
The name of the trustee of the first IRA and the name of the trustee of the second IRA.
Any additional information needed to make the transfer.
In most cases, the net income you must transfer is determined by your IRA trustee or custodian. If you need to determine the applicable net income
on IRA contributions made after 2003 that are recharacterized, use Worksheet 1-3. See Regulations section 1.408A-5 for more information.
<ROM>Worksheet 1-3.</ROM> Determining the Amount of Net Income Due To an IRA Contribution and Total Amount To Be
Recharacterized
1.Enter the amount of your IRA contribution for 2006 to be recharacterized.1.2.Enter the fair market value of the IRA immediately prior to the recharacterization (include any distributions, transfers, or
recharacterization made while the contribution was in the account).2.3.Enter the fair market value of the IRA immediately prior to the time the contribution being recharacterized was made, including the
amount of such contribution and any other contributions, transfers, or recharacterizations made while the contribution was in the account3.4.Subtract line 3 from line 24.5.Divide line 4 by line 3. Enter the result as a decimal (rounded to at least three places).5.6. Multiply line 1 by line 5. This is the net income attributable to the contribution to be recharacterized..6.7.Add lines 1 and 6. This is the amount of the IRA contribution plus the net income attributable to it to be recharacterized.7.
Recharacterization:Determining amount of net income due to contribution and total amount to be recharacterized (Worksheet 1-3)Worksheets:Figuring amount of net income due to IRA contribution and total amount to be recharacterized (Worksheet 1-3)Example.
On March 1, 2006, when her Roth IRA is worth $80,000, Allison makes a $160,000 conversion contribution to the Roth IRA. Subsequently, Allison
discovers that she was ineligible to make a Roth conversion contribution in 2006 and so she requests that the $160,000 be recharacterized to a
traditional IRA. Pursuant to this request, on March 1, 2007, when the IRA is worth $225,000, the Roth IRA trustee transfers to a traditional IRA the
$160,000 plus allocable net income. No other contributions have been made to the Roth IRA and no distributions have been made.
The adjusted opening balance is $240,000 ($80,000 + $160,000) and the adjusted closing balance is $225,000. Thus the net income allocable to the
$160,000 is ($10,000) ($160,000 x (($225,000 – $240,000) ÷ $240,000). Therefore in order to recharacterize the March 1, 2006, $160,000
conversion contribution on March 1, 2007, the Roth IRA trustee must transfer from Allison's Roth IRA to her traditional IRA $150,000 ($160,000 –
$10,000). This is shown on the following worksheet.
<ROM>Worksheet 1-3.</ROM> Example—Illustrated
1.Enter the amount of your IRA contribution for 2006 to be recharacterized.1.160,0002.Enter the fair market value of the IRA immediately prior to the recharacterization (include any distributions, transfers, or
recharacterization made while the contribution was in the account).2.225,0003.Enter the fair market value of the IRA immediately prior to the time the contribution being recharacterized was made, including the
amount of such contribution and any other contributions, transfers, or recharacterizations made while the contribution was in the account3.240,0004.Subtract line 3 from line 2. 4.(15,000)5.Divide line 4 by line 3. Enter the result as a decimal (rounded to at least three places)..5.(.0625)6. Multiply line 1 by line 5. This is the net income attributable to the contribution to be recharacterized.6.(10,000)7.Add lines 1 and 6. This is the amount of the IRA contribution plus the net income attributable to it to be recharacterized. 7.150,000
Timing.Recharacterization:Timing of
The election to recharacterize and the transfer must both take place on or before the due date (including extensions) for filing your tax return
for the year for which the contribution was made to the first IRA.
Extension.
Ordinarily you must choose to recharacterize a contribution by the due date of the return or the due date plus extensions. However, if you miss
this deadline, you can still recharacterize a contribution if:
Your return was timely filed for the year the choice should have been made, and
You take appropriate corrective action within 6 months from the due date of your return excluding extensions. For returns due April 15,
2006, this period ends on October 15, 2006. When the date for doing any act for tax purposes falls on a Saturday, Sunday, or legal holiday, the due
date is delayed until the next business day.
Appropriate corrective action consists of:
Notifying the trustee(s) of your intent to recharacterize,
Providing the trustee with all necessary information, and
Having the trustee transfer the contribution.
Once this is done, you must amend your return to show the recharacterization. You have until the regular due date for amending a return to do
this. Report the recharacterization on the amended return and write Filed pursuant to section 301.9100-2 on the return. File the amended return
at the same address you filed the original return.
Decedent.
The election to recharacterize can be made on behalf of a deceased IRA owner by the executor, administrator, or other person responsible for filing
the decedent's final income tax return.
Election cannot be changed.
After the transfer has taken place, you cannot change your election to recharacterize.
Same trustee.
Recharacterizations made with the same trustee can be made by redesignating the first IRA as the second IRA, rather than transferring the account
balance.
Reporting a RecharacterizationRecharacterization:ReportingReporting:Recharacterization
If you elect to recharacterize a contribution to one IRA as a contribution to another IRA, you must report the recharacterization on your tax
return as directed by Form 8606 and its instructions. You must treat the contribution as having been made to the second IRA.
Example.
On June 1, 2005, Christine properly and timely converted her traditional IRAs to a Roth IRA. At the time, she and her husband, Lyle, expected to
have modified AGI of $100,000 or less for 2005. In December, Lyle received an unexpected bonus that increased his and Christine's modified AGI to more
than $100,000. In January 2006, to make the necessary adjustment to remove the unallowable conversion, Christine set up a traditional IRA with the
same trustee. Also in January 2006, she instructed the trustee of the Roth IRA to make a trustee-to-trustee transfer of the conversion contribution
made to the Roth IRA (including net income allocable to it since the conversion) to the new traditional IRA. She also notified the trustee that she
was electing to recharacterize the contribution to the Roth IRA and treat it as if it had been contributed to the new traditional IRA. Because of the
recharacterization, Lyle and Christine have no taxable income from the conversion to report for 2005, and the resulting rollover to a traditional IRA
is not treated as a rollover for purposes of the one-rollover-per-year rule.
More than one IRA.More than one IRA:RecharacterizationRecharacterization
If you have more than one IRA, figure the amount to be recharacterized only on the account from which you withdraw the contribution.
When Can You Withdraw or Use Assets?Traditional IRAs:Withdrawing or using assetsWithdrawing or using assets:Traditional IRAs
You can withdraw or use your traditional IRA assets at any time. However, a 10% additional tax generally applies if you withdraw or use IRA assets
before you are age 59. This is explained under Age 59 Rule under Early Distributions, later.
If you were affected by Hurricane Katrina, Rita, or Wilma, see chapter 4, Hurricane-Related Relief.
You generally can make a tax-free withdrawal of contributions if you do it before the due date for filing your tax return for the year in which you
made them. This means that, even if you are under age 59, the 10% additional tax may not apply. These withdrawals are explained next.
Contributions Returned
Before Due Date of ReturnContributions:Withdrawing before due date of returnWithdrawing or using assets:Contribution withdrawal, before due date of return
If you made IRA contributions in 2005, you can withdraw them tax free by the due date of your return. If you have an extension of time to file your
return, you can withdraw them tax free by the extended due date. You can do this if, for each contribution you withdraw, both of the following
conditions apply.
You did not take a deduction for the contribution.
You withdraw any interest or other income earned on the contribution. You can take into account any loss on the contribution while it was in
the IRA when calculating the amount that must be withdrawn. If there was a loss, the net income earned on the contribution may be a negative amount.
In most cases, the net income you must withdraw is determined by the IRA trustee or custodian. If you need to determine the applicable net income
on IRA contributions made after 2005 that are returned to you, use Worksheet 1-4. See Regulations section 1.408-11 for more information.
<ROM>Worksheet 1-4.</ROM> Determining the Amount of Net Income Due To an IRA Contribution and Total Amount To Be Withdrawn From the
IRA
1.Enter the amount of your IRA contribution for 2006 to be returned to you.1.2.Enter the fair market value of the IRA immediately prior to the removal of the contribution, plus the amount of any distributions,
transfers, and recharacterizations made while the contribution was in the IRA.2.3.Enter the fair market value of the IRA immediately before the contribution was made, plus the amount of such contribution and any other
contributions, transfers, and recharacterizations made while the contribution was in the IRA3.4.Subtract line 3 from line 2.4.5.Divide line 4 by line 3. Enter the result as a decimal (rounded to at least three places)..5.6. Multiply line 1 by line 5. This is the net income attributable to the contribution to be returned.6.7.Add lines 1 and 6. This is the amount of the IRA contribution plus the net income attributable to it to be returned to you.7.
Withdrawing or using assets:Determining total amount to be withdrawn (Worksheet 1-4)Worksheets:Figuring amount of net income due to IRA contribution and total amount to be withdrawn (Worksheet 1-4)Example.
On May 1, 2006, when her IRA is worth $4,800, Cathy makes a $1,600 regular contribution to her IRA. Cathy requests that $400 of the May 1, 2006,
contribution be returned to her. On February 1, 2007, when the IRA is worth $7,600, the IRA trustee distributes to Cathy the $400 plus net income
attributable to the contribution. No other contributions have been made to the IRA for 2006 and no distributions have been made.
The adjusted opening balance is $6,400 ($4,800 + $1,600) and the adjusted closing balance is $7,600. The net income due to the May 1, 2006,
contribution is $75 ($400 x ($7,600 – $6,400) ÷ $6,400). Therefore, the total to be distributed on February 1, 2007, is $475. This is
shown on the following worksheet.
<ROM>Worksheet 1-4.</ROM> Example—Illustrated
1.Enter the amount of your IRA contribution for 2006 to be returned to you.1.4002.Enter the fair market value of the IRA immediately prior to the removal of the contribution, plus the amount of any distributions,
transfers, and recharacterizations made while the contribution was in the IRA.2.7,6003.Enter the fair market value of the IRA immediately before the contribution was made, plus the amount of such contribution and any other
contributions, transfers, and recharacterizations made while the contribution was in the IRA3.6,4004.Subtract line 3 from line 2. 4.1,2005.Divide line 4 by line 3. Enter the result as a decimal (rounded to at least three places).5..18756. Multiply line 1 by line 5. This is the net income attributable to the contribution to be returned.6.757.Add lines 1 and 6. This is the amount of the IRA contribution plus the net income attributable to it to be returned to you. 7.475
Last-in first-out rule.Last-in first-out rule
If you made more than one regular contribution for the year, your last contribution is considered to be the one that is returned to you first.
Earnings Includible in Income
You must include in income any earnings on the contributions you withdraw. Include the earnings in income for the year in which you made the
contributions, not the year in which you withdraw them.
Generally, except for any part of a withdrawal that is a return of nondeductible contributions (basis), any withdrawal of your contributions after
the due date (or extended due date) of your return will be treated as a taxable distribution. Excess contributions can also be recovered tax free as
discussed under What Acts Result in Penalties or Additional Taxes, later.
Early Distributions TaxEarly distributions:Tax10% additional tax
The 10% additional tax on distributions made before you reach age 59 does not apply to these tax-free withdrawals of your
contributions. However, the distribution of interest or other income must be reported on Form 5329 and, unless the distribution qualifies as an
exception to the age 59 rule, it will be subject to this tax. See Early Distributions under What Acts Result in
Penalties or Additional Taxes, later.
Excess Contributions TaxExcess contributions:Tax
If any part of these contributions is an excess contribution for 2004, it is subject to a 6% excise tax. You will not have to pay the 6% tax if any
2004 excess contribution was withdrawn by April 15, 2005 (plus extensions), and if any 2005 excess contribution is withdrawn by April 17, 2006 (plus
extensions). See Excess Contributions under What Acts Result in Penalties or Additional Taxes, later.
You may be able to treat a contribution made to one type of IRA as having been made to a different type of IRA. This is called recharacterizing the
contribution. See Recharacterizations earlier for more information.
Traditional IRAs:Withdrawing or using assetsWithdrawing or using assets:Traditional IRAs
When Must You Withdraw
Assets? (Required Minimum Distributions)Minimum distributionRequired minimum distributionRequired minimum distribution
You cannot keep funds in a traditional IRA indefinitely. Eventually they must be distributed. If there are no distributions, or if the
distributions are not large enough, you may have to pay a 50% excise tax on the amount not distributed as required. See Excess
Accumulations, later under What Acts Result in Penalties or Additional Taxes. The requirements for distributing IRA funds differ,
depending on whether you are the IRA owner or the beneficiary of a decedent's IRA.
Required minimum distribution.
The amount that must be distributed each year is referred to as the required minimum distribution.
Distributions not eligible for rollover.
Amounts that must be distributed (required minimum distributions) during a particular year are not eligible for rollover treatment.
IRA Owners
If you are the owner of a traditional IRA, you must start receiving distributions from your IRA by April 1 of the year following the year in which
you reach age 70. April 1 of the year following the year in which you reach age 70 is referred to as the required
beginning date.
Distributions by the required beginning date.
You must receive at least a minimum amount for each year starting with the year you reach age 70 (your 70 year). If
you do not (or did not) receive that minimum amount in your 70 year, then you must receive distributions for your 70
year by April 1 of the next year.
If an IRA owner dies after reaching age 70, but before April 1 of the next year, no minimum distribution is required because death
occurred before the required beginning date.
Even if you begin receiving distributions before you reach age 70, you must begin calculating and receiving required minimum
distributions by your required beginning date.
More than minimum received.
If, in any year, you receive more than the required minimum distribution for that year, you will not receive credit for the additional amount when
determining the minimum required distributions for future years. This does not mean that you do not reduce your IRA account balance. It means that if
you receive more than your required minimum distribution in one year, you cannot treat the excess (the amount that is more than the required minimum
distribution) as part of your required minimum distribution for any later year. However, any amount distributed in your 70 year will
be credited toward the amount that must be distributed by April 1 of the following year.
Distributions after the required beginning date.Beginning date, requiredDistributions:After required beginning dateRequired beginning date
The required minimum distribution for any year after the year you turn 70 must be made by December 31 of that later year.
Example.
Age 70 rule:Required minimum distributionsYou reach age 70 on August 20, 2005. For 2005, you must receive the required
minimum distribution from your IRA by April 1, 2006. You must receive the required minimum distribution for 2006 by December 31, 2006.
If you do not receive your required minimum distribution for 2005 until 2006, both your 2005 and your 2006 distributions will be includible on your
2006 return.
Distributions from individual retirement account.Distributions:From individual retirement accountsIndividual retirement accounts:Distributions from
If you are the owner of a traditional IRA that is an individual retirement account, you or your trustee must figure the required minimum
distribution for each year. See Figuring the Owner's Required Minimum Distribution, later.
Distributions from individual retirement annuities.Distributions:From individual retirement annuitiesIndividual retirement annuities:Distributions from
If your traditional IRA is an individual retirement annuity, special rules apply to figuring the required minimum distribution. For more
information on rules for annuities, see Regulations section 1.401(a)(9)-6. These regulations can be read in many libraries and IRS offices.
Change in marital status.Change in marital statusMarital status, change in
For purposes of figuring your required minimum distribution, your marital status is determined as of January 1 of each year. If you are married on
January 1, but get divorced or your spouse dies during the year, your spouse as of January 1 remains your sole beneficiary for that year. For purposes
of determining your distribution period, a change in beneficiary is effective in the year following the year of death or divorce.
Change of beneficiary.Beneficiaries:Change ofChange of beneficiary
If your spouse is the sole beneficiary of your IRA, and he or she dies before you, your spouse will not fail to be your sole beneficiary for the
year that he or she died solely because someone other than your spouse is named a beneficiary for the rest of that year. However, if you get divorced
during the year and change the beneficiary designation on the IRA during that same year, your former spouse will not be treated as the sole
beneficiary for that year.
Figuring the Owner's Required Minimum DistributionRequired minimum distribution:Figuring
Figure your required minimum distribution for each year by dividing the IRA account balance (defined next) as of the close of business on December
31 of the preceding year by the applicable distribution period or life expectancy.
IRA account balance.Account balance
The IRA account balance is the amount in the IRA at the end of the year preceding the year for which the required minimum distribution is being
figured.
Contributions.
Contributions increase the account balance in the year they are made. If a contribution for last year is not made until after December 31 of last
year, it increases the account balance for this year, but not for last year. Disregard contributions made after December 31 of last year in
determining your required minimum distribution for this year.
Outstanding rollovers and recharacterizations.
The IRA account balance is adjusted by outstanding rollovers and recharacterizations of Roth IRA conversions that are not in any account at the end
of the preceding year.
For a rollover from a qualified plan or another IRA that was not in any account at the end of the preceding year, increase the account balance of
the receiving IRA by the rollover amount valued as of the date of receipt.
If a conversion contribution or failed conversion contribution is contributed to a Roth IRA and that amount (plus net income allocable to it) is
transferred to another IRA in a subsequent year as a recharacterized contribution, increase the account balance of the receiving IRA by the
recharacterized contribution (plus allocable net income) for the year in which the conversion or failed conversion occurred.
Distributions.
Distributions reduce the account balance in the year they are made. If a distribution for last year is not made until after December 31 of last
year, it reduces the account balance for this year, but not for last year. Disregard distributions made after December 31 of last year in determining
your required minimum distribution for this year.
Example 1.
Laura was born on October 1, 1935. She is an unmarried participant in a qualified defined contribution plan. She reaches age 70 in
2006. Her required beginning date is April 1, 2007. As of December 31, 2005, her account balance was $26,500. No rollover or recharacterization
amounts were outstanding. Using Table III in Appendix C, the applicable distribution period for someone her age (71) is 26.5 years. Her required
minimum distribution for 2006 is $1,000 ($26,500 ÷ 26.5). That amount is distributed to her on April 1, 2007.
Example 2.
Joe, born October 1, 1934, reached 70 in 2005. His wife (his beneficiary) turned 56 in September 2005. He must begin receiving
distributions by April 1, 2006. Joe's IRA account balance as of December 31, 2004, is $30,100. Because Joe's wife is more than 10 years younger than
Joe and is the sole beneficiary of his IRA, Joe uses Table II in Appendix C. Based on their ages at year end (December 31, 2005), the joint life
expectancy for Joe (age 71) and his wife (age 56) is 30.1 years. The required minimum distribution for 2005, Joe's first distribution year (his 70 year), is $1,000 ($30,100 ÷ 30.1). This amount is distributed to Joe on April 1, 2006.
Distribution period.Required minimum distribution:Distribution period
This is the maximum number of years over which you are allowed to take distributions from the IRA. The period to use for 2005 is listed next to
your age as of your birthday in 2005 in Table III in Appendix C.
Life expectancy.Life expectancy
If you must use Table I, your life expectancy for 2006 is listed in the table next to your age as of your birthday in 2006. If you use Table II,
your life expectancy is listed where the row or column containing your age as of your birthday in 2006 intersects with the row or column containing
your spouse's age as of his or her birthday in 2006. Both Table I and Table II are in Appendix C.
Distributions during your lifetime.Required minimum distribution:During lifetime
Required minimum distributions during your lifetime are based on a distribution period that generally is determined using Table III (Uniform
Lifetime) in Appendix C. However, if the sole beneficiary of your IRA is your spouse who is more than 10 years younger than you, see Sole
beneficiary spouse who is more than 10 years younger, later.
To figure the required minimum distribution for 2006, divide your account balance at the end of 2005 by the distribution period from the table.
This is the distribution period listed next to your age (as of your birthday in 2006) in Table III in Appendix C, unless the sole beneficiary of your
IRA is your spouse who is more than 10 years younger than you.
Example.
You own a traditional IRA. Your account balance at the end of 2005 was $100,000. You are married and your spouse, who is the sole beneficiary of
your IRA, is 6 years younger than you. You turn 75 years old in 2006. You use Table III. Your distribution period is 22.9. Your required minimum
distribution for 2006 is $4,367 ($100,000 ÷ 22.9).
Sole beneficiary spouse who is more than 10 years younger.Beneficiaries:Sole beneficiary spouse more than 10 years youngerRequired minimum distribution:Sole beneficiary spouse who is more than 10 years younger
If the sole beneficiary of your IRA is your spouse and your spouse is more than 10 years younger than you, use the life expectancy from Table II
(Joint Life and Last Survivor Expectancy).
The life expectancy to use is the joint life and last survivor expectancy listed where the row or column containing your age as of your birthday in
2006 intersects with the row or column containing your spouse's age as of his or her birthday in 2006.
You figure your required minimum distribution for 2006 by dividing your account balance at the end of 2005 by the life expectancy from Table II
(Joint Life and Last Survivor Expectancy) in Appendix C.
Example.
You own a traditional IRA. Your account balance at the end of 2005 was $100,000. You are married and your spouse, who is the sole beneficiary of
your IRA, is 11 years younger than you. You turn 75 in 2006 and your spouse turns 64. You use Table II. Your joint life and last survivor expectancy
is 23.6. Your required minimum distribution for 2006 is $4,237 ($100,000 ÷ 23.6).
Distributions in the year of the owner's death.Required minimum distribution:In year of owner's death
The required minimum distribution for the year of the owner's death depends on whether the owner died before the required beginning date.
If the owner died before the required beginning date, see Owner Died Before Required Beginning Date, later under IRA
Beneficiaries.
If the owner died on or after the required beginning date, the required minimum distribution for the year of death generally is based on Table III
(Uniform Lifetime) in Appendix C. However, if the sole beneficiary of the IRA is the owner's spouse who is more than 10 years younger than the owner,
use the life expectancy from Table II (Joint Life and Last Survivor Expectancy).
Note.
You figure the required minimum distribution for the year in which an IRA owner dies as if the owner lived for the entire year.
IRA BeneficiariesDistributionsBeneficiariesBeneficiariesBeneficiaries
The rules for determining required minimum distributions for beneficiaries depend on whether the beneficiary is an individual. The rules for
individuals are explained below. If the owner's beneficiary is not an individual (for example, if the beneficiary is the owner's estate), see
Beneficiary not an individual, later.
Surviving spouse.Surviving spouse
If you are a surviving spouse who is the sole beneficiary of your deceased spouse's IRA, you may elect to be treated as the owner and not as the
beneficiary. If you elect to be treated as the owner, you determine the required minimum distribution (if any) as if you were the owner beginning with
the year you elect or are deemed to be the owner. However, if you become the owner in the year your deceased spouse died, you are not required to
determine the required minimum distribution for that year using your life; rather, you can take the deceased owner's required minimum distribution for
that year (to the extent it was not already distributed to the owner before his or her death).
Taking balance within 5 years.
A beneficiary who is an individual may be required to take the entire account by the end of the fifth year following the year of the owner's death.
If this rule applies, no distribution is required for any year before that fifth year.
Owner Died On or After Required Beginning Date
If the owner died on or after his or her required beginning date, and you are the designated beneficiary, you generally must base required minimum
distributions for years after the year of the owner's death on the longer of:
Your single life expectancy as shown on Table I, or
The owner's life expectancy as determined under Death on or after required beginning date, under Beneficiary not an
individual, later.
Owner Died Before Required Beginning Date
If the owner died before his or her required beginning date, base required minimum distributions for years after the year of the owner's death
generally on your single life expectancy.
If the owner's beneficiary is not an individual (for example, if the beneficiary is the owner's estate), see Beneficiary not an
individual, later.
Date the designated beneficiary is determined.
Generally, the designated beneficiary is determined on September 30 of the calendar year following the calendar year of the IRA owner's death. In
order to be a designated beneficiary, an individual must be a beneficiary as of the date of death. Any person who was a beneficiary on the date of the
owner's death, but is not a beneficiary on September 30 of the calendar year following the calendar year of the owner's death (because, for example,
he or she disclaimed entitlement or received his or her entire benefit), will not be taken into account in determining the designated beneficiary.
Death of a beneficiary.Beneficiaries:Death of beneficiaryDeath of beneficiary
If a person who is a beneficiary as of the owner's date of death dies before September 30 of the year following the year of the owner's death
without disclaiming entitlement to benefits, that individual, rather than his or her successor beneficiary, continues to be treated as a beneficiary
for determining the distribution period.
Death of surviving spouse.Surviving spouse:Death of
If the designated beneficiary is the owner's surviving spouse, and he or she dies before he or she was required to begin receiving distributions,
the surviving spouse will be treated as if he or she were the owner of the IRA. However, this rule does not apply to the surviving spouse of a
surviving spouse.
More than one beneficiary.Beneficiaries:More than oneMore than one beneficiary
If an IRA has more than one beneficiary or a trust is named as beneficiary, see Miscellaneous Rules for Required Minimum Distributions,
later.
Figuring the Beneficiary's Required Minimum DistributionRequired minimum distribution:Figuring:For beneficiary
How you figure the required minimum distribution depends on whether the beneficiary is an individual or some other entity, such as a trust or
estate.
Beneficiary an individual.Beneficiaries:Individual as
If the beneficiary is an individual, to figure the required minimum distribution for 2006, divide the account balance at the end of 2005 by the
appropriate life expectancy from Table I (Single Life Expectancy) in Appendix C. Determine the appropriate life expectancy as follows.
Spouse as sole designated beneficiary. Use the life expectancy listed in the table next to the spouse's age (as of the spouse's
birthday in 2006). If the owner died before the year in which he or she reached age 70, distributions to the spouse do not need to
begin until the year in which the owner would have reached age 70.
Other designated beneficiary. Use the life expectancy listed in the table next to the beneficiary's age as of his or her birthday
in the year following the year of the owner's death, reduced by one for each year since the year following the owner's death.
Example.
Your father died in 2005. You are the designated beneficiary of your father's traditional IRA. You are 53 years old in 2006. You use Table I and
see that your life expectancy in 2006 is 31.4. If the IRA was worth $100,000 at the end of 2005, your required minimum distribution for 2006 is $3,185
($100,000 ÷ 31.4). If the value of the IRA at the end of 2006 was again $100,000, your required minimum distribution for 2007 would be $3,289
($100,000 ÷ 30.4). Instead of taking yearly distributions, you could choose to take the entire distribution in 2010 or earlier.
Beneficiary not an individual.Beneficiaries:Not an individual
If the beneficiary is not an individual, determine the required minimum distribution for 2006 as follows.
Death on or after required beginning date. Divide the account balance at the end of 2005 by the appropriate life expectancy from
Table I (Single Life Expectancy) in Appendix C. Use the life expectancy listed next to the owner's age as of his or her birthday in the year of death,
reduced by one for each year after the year of death.
Death before required beginning date. The entire account must be distributed by the end of the fifth year following the year of
the owner's death. No distribution is required for any year before that fifth year.
Example.Beneficiaries
The owner died in 2005 at the age of 80. The owner's traditional IRA went to his estate. The account balance at the end of 2005 was $100,000. In
2006, the required minimum distribution was $10,870 ($100,000 ÷ 9.2). (The owner's life expectancy in the year of death, 10.2, reduced by one.)
If the owner had died in 2005 at the age of 70, the entire account would have to be distributed by the end of 2010.
Which Table Do You Use
To Determine Your
Required Minimum Distribution?Required minimum distribution:Figuring:Table to use
There are three different tables. You use only one of them to determine your required minimum distribution for each traditional IRA. Determine
which one to use as follows.
Reminder.
In using the tables for lifetime distributions, marital status is determined as of January 1 each year. Divorce or death after January 1 is
generally disregarded until the next year. However, if you divorce and change the beneficiary designation in the same year, your former spouse cannot
be considered your sole beneficiary for that year.
Table I (Single Life Expectancy).
Use Table I for years after the year of the owner's death if either of the following apply.
You are an individual and a designated beneficiary, but not both the owner's surviving spouse and sole designated beneficiary.
You are not an individual and the owner died on or after the required beginning date.
Surviving spouse.Surviving spouse
If you are the owner's surviving spouse and sole designated beneficiary, and the owner had not reached age 70 when he or she died,
and you do not elect to be treated as the owner of the IRA, you do not have to take distributions (and use Table I) until the year in which
the owner would have reached age 70.
Table II (Joint Life and Last Survivor Expectancy).
Use Table II if you are the IRA owner and your spouse is both your sole designated beneficiary and more than 10 years younger than you.
Note.
Use this table in the year of the owner's death if the owner died after the required beginning date and this is the table that would have been used
had he or she not died.
Table III (Uniform Lifetime).
Use Table III if you are the IRA owner and your spouse is not both the sole designated beneficiary of your IRA and more than 10 years younger than
you.
Note.
Use this table in the year of the owner's death if the owner died after the required beginning date and this is the table that would have been used
had he or she not died.
No table.
Do not use any of the tables if the designated beneficiary is not an individual and the owner died before the required beginning date. In this
case, the entire distribution must be made by the end of the fifth year following the year of the IRA owner's death.
This rule also applies if there is no designated beneficiary named by September 30 of the year following the year of the IRA owner's death.
5-year rule.
If you are an individual, you can elect to take the entire account by the end of the fifth year following the year of the owner's death. If you
make this election, do not use a table.
What Age(s) Do You Use With the Table(s)?
The age or ages to use with each table are explained below.
Table I (Single Life Expectancy).
If you are a designated beneficiary figuring your first distribution, use your age as of your birthday in the year distributions must begin. This
is usually the calendar year immediately following the calendar year of the owner's death. If you are the owner's surviving spouse and the sole
designated beneficiary, this is the year in which the owner would have reached age 70. After the first distribution year, reduce your
life expectancy by one for each subsequent year.
Example.
You are the owner's designated beneficiary figuring your first required minimum distribution. Distributions must begin in 2006. You become 57 years
old in 2006. You use Table I. Your distribution period for 2006 is 27.9 years. Your distribution period for 2007 is 26.9 (27.9 − 1). Your
distribution period for 2008 is 25.9 (27.9 − 2).
No designated beneficiary.
In some cases, you need to use the owner's life expectancy. You need to use it when the owner dies on or after the required beginning date and
there is no designated beneficiary as of September 30 of the year following the year of the owner's death. In this case, use the owner's life
expectancy for his or her age as of the owner's birthday in the year of death and reduce it by one for each subsequent year.
Table II (Joint Life and Last Survivor Expectancy).
For your first distribution by the required beginning date, use your age and the age of your designated beneficiary as of your birthdays in the
year you become age 70. Your combined life expectancy is at the intersection of your ages.
If you are figuring your required minimum distribution for 2006, use your ages as of your birthdays in 2006. For each subsequent year, use your and
your spouse's ages as of your birthdays in the subsequent year.
Table III (Uniform Lifetime).
For your first distribution by your required beginning date, use your age as of your birthday in the year you become age 70.
If you are figuring your required minimum distribution for 2006, use your age as of your birthday in 2006. For each subsequent year, use your age
as of your birthday in the subsequent year.
Miscellaneous Rules for
Required Minimum Distributions
The yearly required minimum distribution can be taken in a series of installments (monthly, quarterly, etc.) as long as the total distributions for
the year are at least as much as the minimum required amount.
More than one IRA.More than one IRA:Required minimum distributionRequired minimum distribution:More than one IRA
If you have more than one traditional IRA, you must determine a separate required minimum distribution for each IRA. However, you can total these
minimum amounts and take the total from any one or more of the IRAs.
Example.
Sara, born August 1, 1934, became 70 on February 1, 2005. She has two traditional IRAs. She must begin receiving her IRA
distributions by April 1, 2006. On December 31, 2004, Sara's account balance from IRA A was $10,000; her account balance from IRA B was $20,000.
Sara's brother, age 64 as of his birthday in 2005, is the beneficiary of IRA A. Her husband, age 78 as of his birthday in 2005, is the beneficiary of
IRA B.
Sara's required minimum distribution from IRA A is $377 ($10,000 ÷ 26.5 (the distribution period for age 71 per Table III)). The amount of
the required minimum distribution from IRA B is $755 ($20,000 ÷ 26.5). The amount that must be withdrawn by Sara from her IRA accounts by April
1, 2006, is $1,132 ($377 + $755).
More than minimum received.
If, in any year, you receive more than the required minimum amount for that year, you will not receive credit for the additional amount when
determining the minimum required amounts for future years. This does not mean that you do not reduce your IRA account balance. It means that if you
receive more than your required minimum distribution in one year, you cannot treat the excess (the amount that is more than the required minimum
distribution) as part of your required minimum distribution for any later year. However, any amount distributed in your 70 year will
be credited toward the amount that must be distributed by April 1 of the following year.
Example.
Justin became 70 on December 15, 2005. Justin's IRA account balance on December 31, 2004, was $38,400. He figured his required
minimum distribution for 2005 was $1,401 ($38,400 ÷ 27.4). By December 31, 2005, he had actually received distributions totaling $3,600, $2,199
more than was required. Justin cannot use that $2,199 to reduce the amount he is required to withdraw for 2006, but his IRA account balance is reduced
by the full $3,600 to figure his required minimum distribution for 2006. Justin's reduced IRA account balance on December 31, 2005, was $34,800.
Justin figured his required minimum distribution for 2006 is $1,313 ($34,800 ÷ 26.5). During 2006, he must receive distributions of at least
that amount.
Multiple individual beneficiaries.Beneficiaries:More than one
If as of September 30 of the year following the year in which the owner dies there is more than one beneficiary, the beneficiary with the shortest
life expectancy will be the designated beneficiary if both of the following apply.
All of the beneficiaries are individuals, and
The account or benefit has not been divided into separate accounts or shares for each beneficiary.
Separate accounts.
Separate accounts with separate beneficiaries can be set up at any time, either before or after the owner's required beginning date. If separate
accounts with separate beneficiaries are set up, the separate accounts are not combined for required minimum distribution purposes until the year
after the separate accounts are established, or if later, the date of death. As a general rule, the required minimum distribution rules separately
apply to each account. However, the distribution period for an account is separately determined (disregarding beneficiaries of the other account(s))
only if the account was set up by the end of the year following the year of the owner's death.
The separate account rules cannot be used by beneficiaries of a trust.
Trust as beneficiary.Trusts:As beneficiary
A trust cannot be a designated beneficiary even if it is a named beneficiary. However, the beneficiaries of a trust will be treated as having been
designated as beneficiaries if all of the following are true.
The trust is a valid trust under state law, or would be but for the fact that there is no corpus.
The trust is irrevocable or will, by its terms, become irrevocable upon the death of the owner.
The beneficiaries of the trust who are beneficiaries with respect to the trust's interest in the owner's benefit are identifiable from the
trust instrument.
The IRA trustee, custodian, or issuer has been provided with either a copy of the trust instrument with the agreement that if the trust
instrument is amended, the administrator will be provided with a copy of the amendment within a reasonable time, or all of the following.
A list of all of the beneficiaries of the trust (including contingent and remaindermen beneficiaries with a description of the conditions on
their entitlement).
Certification that, to the best of the owner's knowledge, the list is correct and complete and that the requirements of (1), (2), and (3)
above, are met.
An agreement that, if the trust instrument is amended at any time in the future, the owner will, within a reasonable time, provide to the
IRA trustee, custodian, or issuer corrected certifications to the extent that the amendment changes any information previously certified.
An agreement to provide a copy of the trust instrument to the IRA trustee, custodian, or issuer upon demand.
The deadline for providing the beneficiary documentation to the IRA trustee, custodian, or issuer is October 31 of the year following the year of
the owner's death.
If the beneficiary of the trust is another trust and the above requirements for both trusts are met, the beneficiaries of the other trust will be
treated as having been designated as beneficiaries for purposes of determining the distribution period.
The separate account rules cannot be used by beneficiaries of a trust.
Annuity distributions from an insurance company.Annuity contracts:Distribution from insurance companyRequired minimum distribution
Special rules apply if you receive distributions from your traditional IRA as an annuity purchased from an insurance company. See Regulations
sections 1.401(a)(9)-6 and 54.4974-2. These regulations can be found in many libraries and IRS offices.
Are Distributions Taxable?Distributions:Taxable status of
In general, distributions from a traditional IRA are taxable in the year you receive them.
Distributions from a traditional IRA are taxable in the year you receive them even if they are made without your consent by a state agency as
receiver of an insolvent savings institution. This means you must include such distributions in your gross income unless you roll them over. For an
exception to the 1-year waiting period rule for rollovers of certain distributions from failed financial institutions, see Exception under
Rollover From One IRA Into Another, earlier.
Exceptions.
Exceptions to distributions from traditional IRAs being taxable in the year you receive them are:
Rollovers,
Tax-free withdrawals of contributions, discussed earlier, and
The return of nondeductible contributions, discussed later under Distributions Fully or Partly Taxable.
Although a conversion of a traditional IRA is considered a rollover for Roth IRA purposes, it is not an exception to the rule that distributions
from a traditional IRA are taxable in the year you receive them. Conversion distributions are includible in your gross income subject to this rule and
the special rules for conversions explained earlier and in chapter 2.
Ordinary income.Distributions:Ordinary income treatment
Distributions from traditional IRAs that you include in income are taxed as ordinary income.
No special treatment.
In figuring your tax, you cannot use the 10-year tax option or capital gain treatment that applies to lump-sum distributions from qualified
employer plans.
If you were affected by Hurricane Katrina, Rita, or Wilma, see Chapter 4, Hurricane-Related Relief.
Distributions Fully or Partly TaxableDistributions:Fully or partly taxable
Distributions from your traditional IRA may be fully or partly taxable, depending on whether your IRA includes any nondeductible contributions.
Fully taxable.
If only deductible contributions were made to your traditional IRA (or IRAs, if you have more than one), you have no basis in your IRA. Because you
have no basis in your IRA, any distributions are fully taxable when received. See Reporting and Withholding Requirements for Taxable Amounts,
later.
Partly taxable.
If you made nondeductible contributions to any of your traditional IRAs, you have a cost basis (investment in the contract) equal to the amount of
those contributions. These nondeductible contributions are not taxed when they are distributed to you. They are a return of your investment in your
IRA.
Only the part of the distribution that represents nondeductible contributions (your cost basis) is tax free. If nondeductible contributions have
been made, distributions consist partly of nondeductible contributions (basis) and partly of deductible contributions, earnings, and gains (if there
are any). Until all of your basis has been distributed, each distribution is partly nontaxable and partly taxable.
Form 8606.Form 8606
You must complete Form 8606, and attach it to your return, if you receive a distribution from a traditional IRA and have ever made nondeductible
contributions to any of your traditional IRAs. Using the form, you will figure the nontaxable distributions for 2005, and your total IRA basis for
2005 and earlier years. See the illustrated Forms 8606 in this chapter.
Note.
If you are required to file Form 8606, but you are not required to file an income tax return, you still must file Form 8606. Complete Form 8606,
sign it, and send it to the IRS at the time and place you would otherwise file an income tax return.
Figuring the Nontaxable
and Taxable AmountsDistributions:Figuring nontaxable and taxable amounts
If your traditional IRA includes nondeductible contributions and you received a distribution from it in 2005, you must use Form 8606 to figure how
much of your 2005 IRA distribution is tax free.
Contribution and distribution in the same year.
If you received a distribution in 2005 from a traditional IRA and you also made contributions to a traditional IRA for 2005 that may not be fully
deductible because of the income limits, you can use Worksheet 1-5 to figure how much of your 2005 IRA distribution is tax free and how much is
taxable. Then you can figure the amount of nondeductible contributions to report on Form 8606. Follow the instructions under Reporting your
nontaxable distribution on Form 8606, next, to figure your remaining basis after the distribution.
Reporting your nontaxable distribution on Form 8606.Form 8606Reporting:Nontaxable distribution on Form 8606Distributions:Figuring taxable part (Worksheet 1-5)Worksheets:Figuring taxable part of distributions (Worksheet 1-5)
To report your nontaxable distribution and to figure the remaining basis in your traditional IRA after distributions, you must complete Worksheet
1-5 before completing Form 8606. Then follow these steps to complete Form 8606.
Use the IRA Deduction Worksheet in the Form 1040 or 1040A instructions to figure your deductible contributions to traditional IRAs to report
on line 32 of Form 1040 or line 17 of Form 1040A.
After you complete the IRA deduction worksheet in the form instructions, enter your nondeductible contributions to traditional IRAs on line
1 of Form 8606.
Complete lines 2 through 5 of Form 8606.
If line 5 of Form 8606 is less than line 8 of Worksheet 1-5, complete lines 6 through 15c of Form 8606 and stop here.
If line 5 of Form 8606 is equal to or greater than line 8 of Worksheet 1-5, follow instructions 6 and 7, next. Do not complete lines 6
through 12 of Form 8606.
Enter the amount from line 8 of Worksheet 1-5 on lines 13 and 17 of Form 8606.
Complete line 14 of Form 8606.
Enter the amount from line 9 of Worksheet 1-5 (or, if you entered an amount on line 11, the amount from that line) on line 15a of Form
8606.
Example.
Rose Green has made the following contributions to her traditional IRAs.
In 2005, Rose, whose IRA deduction for that year may be reduced or eliminated, makes a $2,000 contribution that may be partly nondeductible.
She also receives a distribution of $5,000 for conversion to a Roth IRA. She completed the conversion before December 31, 2005, and did not
recharacterize any contributions. At the end of 2005, the fair market values of her accounts, including earnings, total $20,000. She did not receive
any tax-free distributions in earlier years. The amount she includes in income for 2005 is figured on Worksheet 1-5, Figuring the Taxable Part of Your
IRA Distribution—Illustrated.
The Form 8606 for Rose, illustrated, shows the information required when you need to use Worksheet 1-5 to figure your nontaxable distribution.
Assume that the $500 entered on Form 8606, line 1 is the amount Rose figured using instructions 1 and 2 given earlier under Reporting your
nontaxable distribution on Form 8606.
Recognizing Losses on Traditional IRA InvestmentsLosses:Traditional IRAsTraditional IRAs:Losses
If you have a loss on your traditional IRA investment, you can recognize (include) the loss on your income tax return, but only when all the
amounts in all your traditional IRA accounts have been distributed to you and the total distributions are less than your unrecovered basis, if any.
Your basis is the total amount of the nondeductible contributions in your traditional IRAs.
You claim the loss as a miscellaneous itemized deduction, subject to the 2%-of-adjusted-gross-income limit that applies to certain miscellaneous
itemized deductions on Schedule A, Form 1040. Any such losses are added back to taxable income for purposes of calculating the alternative minimum
tax.
Example.
Bill King has made nondeductible contributions to a traditional IRA totaling $2,000, giving him a basis at the end of 2004 of $2,000. By the end of
2005, his IRA earns $400 in interest income. In that year, Bill receives a distribution of $600 ($500 basis + $100 interest), reducing the value of
his IRA to $1,800 ($2,000 + 400 − 600) at year's end. Bill figures the taxable part of the distribution and his remaining basis on Form 8606
(illustrated).
In 2006, Bill's IRA has a loss of $500. At the end of that year, Bill's IRA balance is $1,300 ($1,800 − 500). Bill's remaining basis in his
IRA is $1,500 ($2,000 − 500). Bill receives the $1,300 balance remaining in the IRA. He can claim a loss for 2006 of $200 (the $1,500 basis
minus the $1,300 distribution of the IRA balance).
Other Special IRA
Distribution Situations
Two other special IRA distribution situations are discussed below.
Distribution of an annuity contract from your IRA account.Annuity contracts:Distribution from IRA account
You can tell the trustee or custodian of your traditional IRA account to use the amount in the account to buy an annuity contract for you. You are
not taxed when you receive the annuity contract. You are taxed when you start receiving payments under that annuity contract.
Tax treatment.
If only deductible contributions were made to your traditional IRA since it was set up (this includes all your traditional IRAs, if you have more
than one), the annuity payments are fully taxable.
If any of your traditional IRAs include both deductible and nondeductible contributions, the annuity payments are taxed as explained earlier under
Distributions Fully or Partly Taxable.
Cashing in retirement bonds.Individual retirement bonds:Cashing in
When you cash in retirement bonds, you are taxed on the entire amount you receive. Unless you have already cashed them in, you will be taxed on the
entire value of your bonds in the year in which you reach age 70. The value of the bonds is the amount you would have received if you
had cashed them in at the end of that year. When you later cash in the bonds, you will not be taxed again.
Reporting and Withholding Requirements for Taxable AmountsReporting:Taxable amountsWithholdingForm 1099-R
If you receive a distribution from your traditional IRA, you will receive Form 1099-R, or a similar statement. IRA distributions are shown in boxes
1 and 2a of Form 1099-R. A number or letter code in box 7 tells you what type of distribution you received from your IRA.
Number codes.Form 1099-R:Number codes used on
Some of the number codes are explained below. All of the codes are explained in the instructions for recipients on Form 1099-R.
1—Early distribution, no known exception.
2—Early distribution, exception applies.
3—Disability.
4—Death.
5—Prohibited transaction.
7—Normal distribution.
8—Excess contributions plus earnings/
excess deferrals (and/or earnings)
taxable in 2005.
If code 1, 5, or 8 appears on your Form 1099-R, you are probably subject to a penalty or additional tax. If code 1 appears, see Early
Distributions, later. If code 5 appears, see Prohibited Transactions, later. If code 8 appears, see Excess Contributions,
later.
Letter codes. Form 1099-R:Letter codes used on
Some of the letter codes are explained below. All of the codes are explained in the instructions for recipients on Form 1099-R.
D—Excess contributions plus earnings/
excess deferrals taxable in 2003.
G—Direct rollover and rollover contributions.
J—Early distribution from a Roth IRA.
N—Recharacterized IRA contribution made for 2005.
P—Excess contributions plus earnings/
excess deferrals taxable in 2004.
Q—Qualified distribution from a Roth IRA.
R—Recharacterized IRA contribution made for 2004.
S—Early distribution from a SIMPLE IRA in the first
2 years, no known exception.
T—Roth IRA distribution, exception applies.
If the distribution shown on Form 1099-R is from your IRA, SEP-IRA, or SIMPLE IRA, the small box in box 7 (labeled IRA/SEP/SIMPLE)
should be marked with an X.
If code D, J, P, or S appears on your Form 1099-R, you are probably subject to a penalty or additional tax. If code D appears, see Excess
Contributions, later. If code J appears, see Early Distributions, later. If code P appears, see Excess Contributions,
later. If code S appears, see Additional Tax on Early Distributions in chapter 3.
Withholding.Withholding
Federal income tax is withheld from distributions from traditional IRAs unless you choose not to have tax withheld.
The amount of tax withheld from an annuity or a similar periodic payment is based on your marital status and the number of withholding allowances
you claim on your withholding certificate (Form W-4P). If you have not filed a certificate, tax will be withheld as if you are a married individual
claiming three withholding allowances.
Generally, tax will be withheld at a 10% rate on nonperiodic distributions.
IRA distributions delivered outside the United States.Distributions:Delivered outside U.S.
In general, if you are a U.S. citizen or resident alien and your home address is outside the United States or its possessions, you cannot choose
exemption from withholding on distributions from your traditional IRA.
To choose exemption from withholding, you must certify to the payer under penalties of perjury that you are not a U.S. citizen, a resident alien of
the United States, or a tax-avoidance expatriate.
Even if this election is made, the payer must withhold tax at the rates prescribed for nonresident aliens.
More information.
For more information on withholding on pensions and annuities, see Pensions and Annuities in chapter 1 of Publication 505, Tax
Withholding and Estimated Tax. For more information on withholding on nonresident aliens and foreign entities, see Publication 515, Withholding of Tax
on Nonresident Aliens and Foreign Entities.
Reporting taxable distributions on your return.Reporting:Taxable distributions
Report fully taxable distributions, including early distributions, on Form 1040, line 15b (no entry is required on line 15a), or Form 1040A, line
11b (no entry is required on line 11a). If only part of the distribution is taxable, enter the total amount on Form 1040, line 15a (or Form 1040A,
line 11a), and the taxable part on line 15b (or line 11b). You cannot report distributions on Form 1040EZ.
Estate tax.Estate tax
Generally, the value of an annuity or other payment receivable by any beneficiary of a decedent's traditional IRA that represents the part of the
purchase price contributed by the decedent (or by his or her former employer(s)), must be included in the decedent's gross estate. For more
information, see the instructions for Schedule I, Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return.
Form 8606 Nondeductible IRAs 2004Summary: This is an example of Form 8606 (2004) with items included as described in the text. Additionally, these line items are
completed:Name. If married, file a separate form for each spouse required to file Form 8606. See page 5 of the instructions. field contains
Rose GreenYour social security number field contains 001-00-0000Under
Part I: Nondeductible Contributions to Traditional IRAs and Distributions From Traditional, SEP., and SIMPLE. IRAs:2. Enter your total basis in traditional IRAs for 2003 and earlier years (see page 6 of the instructions) field contains
3003. Add lines 1 and 2 field contains 8004. Enter those contributions included on line 1 that were made from January 1, 2005, through April 15, 2005 field contains
05. Subtract line 4 from line 3 field contains 80013. Add lines 11 and 12. This is the nontaxable portion of all your distributions field contains 460 Footnote: From Worksheet in
Publication 590.14. Subtract line 13 from line 3. This is your total basis in traditional IRAs for 2004 and earlier years field contains
34015. Taxable amount. Subtract line 12 from line 7. Also include this amount on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line
16b field contains 0 Footnote: From Worksheet in Publication 590.Form 8606 (2004) Page 2Summary: This is an example of Form 8606 (2004), page 2, as pertains to the text. The line items completed are:Under
Part II: 2004 Conversions From Traditional, SEP, or SIMPLE. IRAs to Roth IRAs:16. Enter the net amount you converted from traditional, SEP, or SIMPLE. IRAs to Roth IRAs in 2004. Do not include amounts you later
recharacterized back to traditional, SEP, or SIMPLE. IRAs in 2004 or 2005. If you completed Part I, enter the amount from line 8. Otherwise, see page
7 of the instructions field contains 5,00017. Enter your basis in the amount on line 16. If you completed Part I, enter the amount from line 11. Otherwise, see page 7 of the
instructions field contains 46018. Taxable amount. Subtract line 17 from line 16. Also include this amount on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line
16b field contains 4,540Form 8606
<ROM>Worksheet 1-5.</ROM> Figuring the Taxable Part of Your IRA Distribution
<L>
<L><ROM>Use only if you made contributions to a traditional IRA for 2005 and have to figure the taxable part of your 2005 distributions to determine
your modified AGI. See <ITL>Limit If Covered By Employer Plan.</ITL></ROM>
<L><ROM>Form 8606 and the related instructions will be needed when using this worksheet.</ROM>
<L>
<L><BIT>Note.</BIT> <ITL>When used in this worksheet, the term <BIT>outstanding rollover </BIT>refers to an amount distributed from a traditional IRA
as part of a rollover that, as of December 31, 2005, had not yet been reinvested in another traditional IRA, but was still eligible to be rolled over
tax free.</ITL>1.Enter the basis in your traditional IRA(s) as of December 31, 20041.2.Enter the total of all contributions made to your traditional IRAs during 2005 and all contributions made
during 2006 that were for 2005, whether or not deductible. Do not include rollover contributions properly rolled over into IRAs. Also, do
not include certain returned contributions described in the instructions for line 7, Part I, of Form 8606.2.3.Add lines 1 and 23.4.Enter the value of all your traditional IRA(s) as of December 31, 2005 (include any outstanding rollovers
from traditional IRAs to other traditional IRAs). Subtract any repayments of qualified hurricane distributions4.5.Enter the total distributions from traditional IRAs (including amounts converted to Roth IRAs that will be
shown on line 16 of Form 8606) received in 2005. (Do not include outstanding rollovers included on line 4 or any rollovers between traditional IRAs
completed by December 31, 2005. Also, do not include certain returned contributions described in the instructions for line 7, Part I, of Form 8606.).
Do include repayments of qualified hurricane distributions5.6.Add lines 4 and 56.7.Divide line 3 by line 6. Enter the result as a decimal (rounded to at least three places).
If the result is 1.000 or more, enter 1.0007.8.Nontaxable portion of the distribution.Multiply line 5 by line 7. Enter the result here and on lines 13 and 17 of Form 86068.9.Taxable portion of the distribution (before adjustment for conversions).Subtract line 8 from line 5. Enter the result here and if there are no amounts converted to Roth IRAs, stop here and enter the result on
line 15a of Form 86069.10.Enter the amount included on line 9 that is allocable to amounts converted to Roth IRAs by December 31, 2005. (See
Note at the end of this worksheet.) Enter here and on line 18 of Form 860610.11.Taxable portion of the distribution (after adjustments for conversions). Subtract line 10 from line 9. Enter the result here and on line 15a of Form 860611.Note.If the amount on line 5 of this worksheet includes an amount converted to a
Roth IRA by December 31, 2005, you must determine the percentage of the distribution allocable to the conversion. To figure the percentage, divide the
amount converted (from line 16 of Form 8606) by the total distributions shown on line 5. To figure the amounts to include on line 10 of this worksheet
and on line 18, Part II of Form 8606, multiply line 9 of the worksheet by the percentage you figured.
Distributions:Figuring taxable part (Worksheet 1-5)Worksheets:Figuring taxable part of distributions (Worksheet 1-5)
<ROM>Worksheet 1-5.</ROM> Figuring the Taxable Part of Your IRA Distribution—Illustrated
<L>
<L><ROM>Use only if you made contributions to a traditional IRA for 2005 and have to figure the taxable part of your 2005 distributions to determine
your modified AGI. See <ITL>Limit If Covered By Employer Plan.</ITL></ROM>
<L><ROM>Form 8606 and the related instructions will be needed when using this worksheet.</ROM>
<L>
<L><BIT>Note.</BIT> <ITL>When used in this worksheet, the term <BIT>outstanding rollover </BIT>refers to an amount distributed from a traditional IRA
as part of a rollover that, as of December 31, 2005, had not yet been reinvested in another traditional IRA, but was still eligible to be rolled over
tax free.</ITL>1.Enter the basis in your traditional IRA(s) as of December 31, 20041.3002.Enter the total of all contributions made to your traditional IRAs during 2005 and all contributions made
during 2006 that were for 2005, whether or not deductible. Do not include rollover contributions properly rolled over into IRAs. Also, do
not include certain returned contributions described in the instructions for line 7, Part I, of Form 8606.2.2,0003.Add lines 1 and 23.2,3004.Enter the value of all your traditional IRA(s) as of December 31, 2005 (include any outstanding rollovers
from traditional IRAs to other traditional IRAs). Subtract any repayments of qualified hurricane distributions4.20,0005.Enter the total distributions from traditional IRAs (including amounts converted to Roth IRAs that will be
shown on line 16 of Form 8606) received in 2005. (Do not include outstanding rollovers included on line 4 or any rollovers between traditional IRAs
completed by December 31, 2005. Also, do not include certain returned contributions described in the instructions for line 7, Part I, of Form 8606.).
Do include repayments of qualified hurricane distributions5.5,0006.Add lines 4 and 56.25,0007.Divide line 3 by line 6. Enter the result as a decimal (rounded to at least three places).
If the result is 1.000 or more, enter 1.0007..0928.Nontaxable portion of the distribution.Multiply line 5 by line 7. Enter the result here and on lines 13 and 17 of Form 86068.4609.Taxable portion of the distribution (before adjustment for conversions).Subtract line 8 from line 5. Enter the result here and if there are no amounts converted to Roth IRAs, stop here and enter the result on
line 15a of Form 86069.4,54010.Enter the amount included on line 9 that is allocable to amounts converted to Roth IRAs by December 31, 2005. (See
Note at the end of this worksheet.) Enter here and on line 18 of Form 860610.4,54011.Taxable portion of the distribution (after adjustments for conversions). Subtract line 10 from line 9. Enter the result here and on line 15a of Form 860611.0Note. If the amount on line 5 of this worksheet includes an amount converted to a
Roth IRA by December 31, 2005, you must determine the percentage of the distribution allocable to the conversion. To figure the percentage, divide the
amount converted (from line 16 of Form 8606) by the total distributions shown on line 5. To figure the amounts to include on line 10 of this worksheet
and on line 18, Part II of Form 8606, multiply line 9 of the worksheet by the percentage you figured.
Form 8606 Nondeductible IRAs 2004Summary: This is an example of Form 8606 (2004) as pertains to the description in the text. The line items completed are:Name. If married, file a separate form for each spouse required to file Form 8606. See page 5 of the instructions field contains Bill
KingYour social security number field contains 002-00-0000Under
Part I: Nondeductible Contributions to Traditional IRAs and Distributions From Traditional, SEP, and SIMPLE. IRAs:1. Enter your nondeductible contributions to traditional IRAs for 2004, including those made for 2004 from January 1, 2005, through April 15,
2005 (see page 5 of the instructions) field contains 02. Enter your total basis in traditional IRAs for 2003 and earlier years (see page 6 of the instructions) field contains
2,0003. Add lines 1 and 2 field contains 2,0004. Enter those contributions included on line 1 that were made from January 1, 2005, through April 15, 2005 field contains
05. Subtract line 4 from line 3 field contains 2,0006. Enter the value of all your traditional, SEP., and SIMPLE. IRAs as of December 31, 2004, plus any outstanding rollovers (see page 6 of the
instructions) field contains 1,8007. Enter your distributions from traditional, SEP., and SIMPLE. IRAs in 2004. Do not include rollovers, conversions to a Roth IRA., certain
returned contributions, or recharacterizations of traditional IRA. contributions (see page 6 of the instructions) field contains
6009. Add lines 6, 7, and 8 field contains 2,40010. Divide line 5 by line 9. Enter the result as a decimal rounded to at least 3 places. If the result is 1.000 or more, enter 1.000
field contains .83312. Multiply line 7 by line 10. This is the nontaxable portion of your distributions that you did not convert to a Roth IRA. field
contains 50013. Add lines 11 and 12. This is the nontaxable portion of all your distributions field contains 50014. Subtract line 13 from line 3. This is your total basis in traditional IRAs for 2004 and earlier years field contains
1,50015. Taxable amount. Subtract line 12 from line 7. Also include this amount on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line
16b field contains 100
What Acts Result in Penalties or Additional Taxes?Additional taxes:PenaltiesEarly distributions:PenaltiesPenalties
The tax advantages of using traditional IRAs for retirement savings can be offset by additional taxes and penalties if you do not follow the rules.
There are additions to the regular tax for using your IRA funds in prohibited transactions. There are also additional taxes for the following
activities.
Investing in collectibles.
Making excess contributions.
Taking early distributions.
Allowing excess amounts to accumulate (failing to take required distributions).
There are penalties for overstating the amount of nondeductible contributions and for failure to file Form 8606, if required.
This chapter discusses those acts that you should avoid and the additional taxes and other costs, including loss of IRA status, that apply if you
do not avoid those acts.
Generally, a prohibited transaction is any improper use of your traditional IRA account or annuity by you, your beneficiary, or any disqualified
person.
Disqualified persons include your fiduciary and members of your family (spouse, ancestor, lineal descendant, and any spouse of a lineal
descendant).
The following are examples of prohibited transactions with a traditional IRA.
Borrowing money from it.
Selling property to it.
Receiving unreasonable compensation for managing it.
Using it as security for a loan.
Buying property for personal use (present or future) with IRA funds.
Fiduciary.Fiduciaries:Prohibited transactions
For these purposes, a fiduciary includes anyone who does any of the following.
Exercises any discretionary authority or discretionary control in managing your IRA or exercises any authority or control in managing or
disposing of its assets.
Provides investment advice to your IRA for a fee, or has any authority or responsibility to do so.
Has any discretionary authority or discretionary responsibility in administering your IRA.
Effect on an IRA account.
Generally, if you or your beneficiary engages in a prohibited transaction in connection with your traditional IRA account at any time during the
year, the account stops being an IRA as of the first day of that year.
Effect on you or your beneficiary.
If your account stops being an IRA because you or your beneficiary engaged in a prohibited transaction, the account is treated as distributing all
its assets to you at their fair market values on the first day of the year. If the total of those values is more than your basis in the IRA, you will
have a taxable gain that is includible in your income. For information on figuring your gain and reporting it in income, see Are Distributions
Taxable, earlier. The distribution may be subject to additional taxes or penalties.
Borrowing on an annuity contract.Annuity contracts:Borrowing on
If you borrow money against your traditional IRA annuity contract, you must include in your gross income the fair market value of the annuity
contract as of the first day of your tax year. You may have to pay the 10% additional tax on early distributions, discussed later.
Pledging an account as security.Pledging account as security
If you use a part of your traditional IRA account as security for a loan, that part is treated as a distribution and is included in your gross
income. You may have to pay the 10% additional tax on early distributions, discussed later.
Trust account set up by an employer or an employee association.Employer retirement plans:Prohibited transactions
Your account or annuity does not lose its IRA treatment if your employer or the employee association with whom you have your traditional IRA
engages in a prohibited transaction.
Owner participation.
If you participate in the prohibited transaction with your employer or the association, your account is no longer treated as an IRA.
Taxes on prohibited transactions.Prohibited transactions:Taxes on
If someone other than the owner or beneficiary of a traditional IRA engages in a prohibited transaction, that person may be liable for certain
taxes. In general, there is a 15% tax on the amount of the prohibited transaction and a 100% additional tax if the transaction is not corrected.
Loss of IRA status.Traditional IRAs:Loss of IRA status
If the traditional IRA ceases to be an IRA because of a prohibited transaction by you or your beneficiary, you or your beneficiary are not liable
for these excise taxes. However, you or your beneficiary may have to pay other taxes as discussed under Effect on you or your beneficiary,
earlier.
The following two types of transactions are not prohibited transactions if they meet the requirements that follow.
Payments of cash, property, or other consideration by the sponsor of your traditional IRA to you (or members of your family).
Your receipt of services at reduced or no cost from the bank where your traditional IRA is established or maintained.
Payments of cash, property, or other consideration.
Even if a sponsor makes payments to you or your family, there is no prohibited transaction if all three of the following requirements are met.
The payments are for establishing a traditional IRA or for making additional contributions to it.
The IRA is established solely to benefit you, your spouse, and your or your spouse's beneficiaries.
During the year, the total fair market value of the payments you receive is not more than:
$10 for IRA deposits of less than $5,000, or
$20 for IRA deposits of $5,000 or more.
If the consideration is group term life insurance, requirements (1) and (3) do not apply if no more than $5,000 of the face value of the
insurance is based on a dollar-for-dollar basis on the assets in your IRA.
Services received at reduced or no cost.Services received at reduced or no cost
Even if a sponsor provides services at reduced or no cost, there is no prohibited transaction if all of the following requirements are met.
The traditional IRA qualifying you to receive the services is established and maintained for the benefit of you, your spouse, and your or
your spouse's beneficiaries.
The bank itself can legally offer the services.
The services are provided in the ordinary course of business by the bank (or a bank affiliate) to customers who qualify but do not maintain
an IRA (or a Keogh plan).
The determination, for a traditional IRA, of who qualifies for these services is based on an IRA (or a Keogh plan) deposit balance equal to
the lowest qualifying balance for any other type of account.
The rate of return on a traditional IRA investment that qualifies is not less than the return on an identical investment that could have
been made at the same time at the same branch of the bank by a customer who is not eligible for (or does not receive) these services.
If your traditional IRA invests in collectibles, the amount invested is considered distributed to you in the year invested. You may have to pay the
10% additional tax on early distributions, discussed later.
Collectibles.Investment in collectibles:Collectibles definedCollectibles
These include:
Art works,
Rugs,
Antiques,
Metals,
Gems,
Stamps,
Coins,
Alcoholic beverages, and
Certain other tangible personal property.
Exception.Investment in collectibles:Exception
Your IRA can invest in one, one-half, one-quarter, or one-tenth ounce U.S. gold coins, or one-ounce silver coins minted by the Treasury Department.
It can also invest in certain platinum coins and certain gold, silver, palladium, and platinum bullion.
Generally, an excess contribution is the amount contributed to your traditional IRAs for the year that is more than the smaller of:
$4,000 ($4,500 if you are age 50 or older), or
Your taxable compensation for the year.
The taxable compensation limit applies whether your contributions are deductible or nondeductible.
Contributions for the year you reach age 70 and any later year are also excess contributions.
An excess contribution could be the result of your contribution, your spouse's contribution, your employer's contribution, or an improper rollover
contribution. If your employer makes contributions on your behalf to a SEP-IRA, see Publication 560.
Tax on Excess Contributions
In general, if the excess contributions for a year are not withdrawn by the date your return for the year is due (including extensions), you are
subject to a 6% tax. You must pay the 6% tax each year on excess amounts that remain in your traditional IRA at the end of your tax year. The tax
cannot be more than 6% of the value of your IRA as of the end of your tax year.
The additional tax is figured on Form 5329. For information on filing Form 5329, see Reporting Additional Taxes, later.
Example.
For 2005, Paul Jones is 45 years old and single, his compensation is $31,000, and he contributed $4,500 to his traditional IRA. Paul has made an
excess contribution to his IRA of $500 ($4,500 minus the $4,000 limit). The contribution earned $5 interest in 2005 and $6 interest in 2006 before the
due date of the return, including extensions. He does not withdraw the $500 or the interest it earned by the due date of his return, including
extensions.
Paul figures his additional tax for 2005 by multiplying the excess contribution ($500) shown on Form 5329, line 16, by .06, giving him an
additional tax liability of $30. He enters the tax on Form 5329, line 17, and on Form 1040, line 60. See Paul's filled-in Form 5329.
Form 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts 2004Summary: This is an example of Form 5329 (2004) with items included as described in the text. Additionally, these line items are
completed:Name of individual subject to additional tax. If married filing jointly, see page 1 of the instructions. field contains Paul
JonesYour social security number field contains 003-00-0000Under
Part III: Additional Tax on Excess Contributions to Traditional IRAs:16. Total excess contributions. Add lines 14 and 15 field contains 50017. Additional tax. Enter 6% (.06) of the smaller of line 16 or the value of your traditional IRAs on December 31, 2004 (including 2004
contributions made in 2005). Include this amount on Form 1040, line 59 field contains
30
Excess Contributions Withdrawn
by Due Date of ReturnExcess contributions:Withdrawn by due date of return
You will not have to pay the 6% tax if you withdraw an excess contribution made during a tax year and you also withdraw any interest or other
income earned on the excess contribution. You must complete your withdrawal by the date your tax return for that year is due, including extensions.
How to treat withdrawn contributions.How to:Treat withdrawn contributions
Do not include in your gross income an excess contribution that you withdraw from your traditional IRA before your tax return is due if both of the
following conditions are met.
No deduction was allowed for the excess contribution.
You withdraw the interest or other income earned on the excess contribution.
You can take into account any loss on the contribution while it was in the IRA when calculating the amount that must be withdrawn. If there was
a loss, the net income you must withdraw may be a negative amount.
In most cases, the net income you must transfer will be determined by your IRA trustee or custodian. If you need to determine the applicable net
income you need to withdraw, you can use the same method that was used in Worksheet 1-3, earlier.
How to treat withdrawn interest or other income.
You must include in your gross income the interest or other income that was earned on the excess contribution. Report it on your return for the
year in which the excess contribution was made. Your withdrawal of interest or other income may be subject to an additional 10% tax on early
distributions, discussed later.
Form 1099-R.Form 1099-R:Withdrawal of excess contribution
You will receive Form 1099-R indicating the amount of the withdrawal. If the excess contribution was made in a previous tax year, the form will
indicate the year in which the earnings are taxable.
Example.
Maria, age 35, made an excess contribution in 2005 of $1,000, which she withdrew by April 17, 2006, the due date of her return. At the same time,
she also withdrew the $50 income that was earned on the $1,000. She must include the $50 in her gross income for 2005 (the year in which the excess
contribution was made). She must also pay an additional tax of $5 (the 10% additional tax on early distributions because she is not yet 59 years old), but she does not have to report the excess contribution as income or pay the 6% excise tax. Maria receives a Form 1099-R showing
that the earnings are taxable for 2005.
Excess Contributions Withdrawn
After Due Date of ReturnExcess contributions:Withdrawn after due date of return
In general, you must include all distributions (withdrawals) from your traditional IRA in your gross income. However, if the following conditions
are met, you can withdraw excess contributions from your IRA and not include the amount withdrawn in your gross income.
Total contributions (other than rollover contributions) for 2005 to your IRA were not more than $4,000 ($4,500 if you are age 50 or
older).
You did not take a deduction for the excess contribution being withdrawn.
The withdrawal can take place at any time, even after the due date, including extensions, for filing your tax return for the year.
Excess contribution deducted in an earlier year.Excess contributions:Deducted in earlier year
If you deducted an excess contribution in an earlier year for which the total contributions were not more than the maximum deductible amount for
that year ($2,000 for 2001 and earlier years, $3,000 for 2002 through 2004 ($3,500 for 2002 through 2004 if you are age 50 or older)), you can still
remove the excess from your traditional IRA and not include it in your gross income. To do this, file Form 1040X, Amended U.S. Individual Income Tax
Return, for that year and do not deduct the excess contribution on the amended return. Generally, you can file an amended return within 3 years after
you filed your return, or 2 years from the time the tax was paid, whichever is later.
Excess due to incorrect rollover information.Excess contributions:Due to incorrect rollover information
If an excess contribution in your traditional IRA is the result of a rollover and the excess occurred because the information the plan was required
to give you was incorrect, you can withdraw the excess contribution. The limits mentioned above are increased by the amount of the excess that is due
to the incorrect information. You will have to amend your return for the year in which the excess occurred to correct the reporting of the rollover
amounts in that year. Do not include in your gross income the part of the excess contribution caused by the incorrect information.
Deducting an Excess Contribution
in a Later YearExcess contributions:Deducting in a later year
You cannot apply an excess contribution to an earlier year even if you contributed less than the maximum amount allowable for the earlier year.
However, you may be able to apply it to a later year if the contributions for that later year are less than the maximum allowed for that year.
You can deduct excess contributions for previous years that are still in your traditional IRA. The amount you can deduct this year is the lesser of
the following two amounts.
Your maximum IRA deduction for this year minus any amounts contributed to your traditional IRAs for this year.
The total excess contributions in your IRAs at the beginning of this year.
This method lets you avoid making a withdrawal. It does not, however, let you avoid the 6% tax on any excess contributions remaining at the end of
a tax year.
To figure the amount of excess contributions for previous years that you can deduct this year, see Worksheet 1-6.
<ROM>Worksheet 1-6.</ROM> Excess Contributions Deductible This YearExcess contributions:Deductible this year (Worksheet 1-6)Worksheets:Excess contributions deductible this year (Worksheet 1-6)
Use this worksheet to figure the amount of excess contributions from prior years you can deduct this year.
1.Maximum IRA deduction for the current year1.2.IRA contributions for the current year2.3.Subtract line 2 from line 1. If zero (0) or less, enter zero3.4.Excess contributions in IRA at beginning of year4.5.Enter the lesser of line 3 or line 4. This is the amount of excess contributions for previous years that
you can deduct this year5.
Example.
Teri was entitled to contribute to her traditional IRA and deduct $1,000 in 2004 and $1,500 in 2005 (the amounts of her taxable compensation for
these years). For 2004, she actually contributed $1,400 but could deduct only $1,000. In 2004, $400 is an excess contribution subject to the 6% tax.
However, she would not have to pay the 6% tax if she withdrew the excess (including any earnings) before the due date of her 2004 return. Because Teri
did not withdraw the excess, she owes excise tax of $24 for 2004. To avoid the excise tax for 2005, she can correct the $400 excess amount from 2004
in 2005 if her actual contributions are only $1,100 for 2005 (the allowable deductible contribution of $1,500 minus the $400 excess from 2004 she
wants to treat as a deductible contribution in 2005). Teri can deduct $1,500 in 2005 (the $1,100 actually contributed plus the $400 excess
contribution from 2004). This is shown on the following worksheet.
<ROM>Worksheet 1-6.</ROM> Example—Illustrated
Use this worksheet to figure the amount of excess contributions from prior years you can deduct this year.
1.Maximum IRA deduction for the current year1.1,5002.IRA contributions for the current year2.1,1003.Subtract line 2 from line 1. If zero (0) or less, enter zero3.4004.Excess contributions in IRA at beginning of year4.4005.Enter the lesser of line 3 or line 4. This is the amount of excess contributions for previous years that
you can deduct this year5.400
Closed tax year.Excess contributions:Closed tax year
A special rule applies if you incorrectly deducted part of the excess contribution in a closed tax year (one for which the period to assess a tax
deficiency has expired). The amount allowable as a traditional IRA deduction for a later correction year (the year you contribute less than the
allowable amount) must be reduced by the amount of the excess contribution deducted in the closed year.
To figure the amount of excess contributions for previous years that you can deduct this year if you incorrectly deducted part of the excess
contribution in a closed tax year, see Worksheet 1-7.
<ROM>Worksheet 1-7.</ROM> Excess Contributions Deductible This Year if Any Were Deducted in a Closed Tax YearExcess contributions:Deductible this year if any were deducted in closed tax year (Worksheet 1-7)Worksheets:Excess contributions deductible this year (Worksheet 1-6):If any were deducted in closed tax year (Worksheet 1-7)Excess contributionsPenalties:Excess contributionsTraditional IRAs:Excess contributions
Use this worksheet to figure the amount of excess contributions for prior years that you can deduct this year if you incorrectly deducted
excess contributions in a closed tax year.
1.Maximum IRA deduction for the current year1.2.IRA contributions for the current year2.3.If line 2 is less than line 1, enter any excess contributions that were deducted in a closed tax year.
Otherwise, enter zero (0)3.4.Subtract line 3 from line 14.5.Subtract line 2 from line 4. If zero (0) or less, enter zero5.6.Excess contributions in IRA at beginning of year6.7.Enter the lesser of line 5 or line 6. This is the amount of excess contributions for previous years that
you can deduct this year7.
Early DistributionsEarly distributionsPenalties:Early distributions
You must include early distributions of taxable amounts from your traditional IRA in your gross income. Early distributions are also subject to an
additional 10% tax, as discussed later.
Early distributions defined.Early distributions:Defined
Early distributions generally are amounts distributed from your traditional IRA account or annuity before you are age 59, or
amounts you receive when you cash in retirement bonds before you are age 59.
If you were affected by Hurricane Katrina, Rita, or Wilma, see Chapter 4, Hurricane-Related Relief.
Generally, if you are under age 59, you must pay a 10% additional tax on the distribution of any assets (money or other property)
from your traditional IRA. Distributions before you are age 59 are called early distributions.
The 10% additional tax applies to the part of the distribution that you have to include in gross income. It is in addition to any regular income
tax on that amount.
A number of exceptions to this rule are discussed below under Exceptions. Also see Contributions Returned Before Due Date of
Return, earlier.
You may have to pay a 25%, rather than 10%, additional tax if you receive distributions from a SIMPLE IRA before you are age 59.
See Additional Tax on Early Distributions under When Can You Withdraw or Use Assets? in chapter 3.
After age 59 and before age 70.
After you reach age 59, you can receive distributions without having to pay the 10% additional tax. Even though you can receive
distributions after you reach age 59, distributions are not required until you reach age 70. See When Must You
Withdraw Assets? (Required Minimum Distributions), earlier.
Exceptions
There are several exceptions to the age 59 rule. Even if you receive a distribution before you are age 59, you may
not have to pay the 10% additional tax if you are in one of the following situations.
You have unreimbursed medical expenses that are more than 7.5% of your adjusted gross income.
The distributions are not more than the cost of your medical insurance.
You are disabled.
You are the beneficiary of a deceased IRA owner.
You are receiving distributions in the form of an annuity.
The distributions are not more than your qualified higher education expenses.
You use the distributions to buy, build, or rebuild a first home.
The distribution is due to an IRS levy of the qualified plan.
Most of these exceptions are explained below.
Note.
Distributions that are timely and properly rolled over, as discussed earlier, are not subject to either regular income tax or the 10% additional
tax. Certain withdrawals of excess contributions after the due date of your return are also tax free and therefore not subject to the 10% additional
tax. (See Excess Contributions Withdrawn After Due Date of Return, earlier.) This also applies to transfers incident to divorce, as
discussed earlier under Can You Move Retirement Plan Assets.
Unreimbursed medical expenses.Early distributions:Unreimbursed medical expenses, exceptionMedical expenses, unreimbursedUnreimbursed medical expenses
Even if you are under age 59, you do not have to pay the 10% additional tax on distributions that are not more than:
The amount you paid for unreimbursed medical expenses during the year of the distribution, minus
7.5% of your adjusted gross income (defined later) for the year of the distribution.
You can only take into account unreimbursed medical expenses that you would be able to include in figuring a deduction for medical expenses on
Schedule A, Form 1040. You do not have to itemize your deductions to take advantage of this exception to the 10% additional tax.
Adjusted gross income.
This is the amount on Form 1040, line 38, or Form 1040A, line 22.
Medical insurance.Early distributions:Medical insurance, exceptionMedical insurance
Even if you are under age 59, you may not have to pay the 10% additional tax on distributions during the year that are not more
than the amount you paid during the year for medical insurance for yourself, your spouse, and your dependents. You will not have to pay the tax on
these amounts if all of the following conditions apply.
You lost your job.
You received unemployment compensation paid under any federal or state law for 12 consecutive weeks because you lost your job.
You receive the distributions during either the year you received the unemployment compensation or the following year.
You receive the distributions no later than 60 days after you have been reemployed.
If you become disabled before you reach age 59, any distributions from your traditional IRA because of your disability are not
subject to the 10% additional tax.
You are considered disabled if you can furnish proof that you cannot do any substantial gainful activity because of your physical or mental
condition. A physician must determine that your condition can be expected to result in death or to be of long, continued, and indefinite duration.
Beneficiary.Beneficiaries:Early distributions to
If you die before reaching age 59, the assets in your traditional IRA can be distributed to your beneficiary or to your estate
without either having to pay the 10% additional tax.
However, if you inherit a traditional IRA from your deceased spouse and elect to treat it as your own (as discussed under What If You Inherit
an IRA, earlier), any distribution you later receive before you reach age 59 may be subject to the 10% additional tax.
Annuity.Annuity contracts:Early distributions
You can receive distributions from your traditional IRA that are part of a series of substantially equal payments over your life (or your life
expectancy), or over the lives (or the joint life expectancies) of you and your beneficiary, without having to pay the 10% additional tax, even if you
receive such distributions before you are age 59. You must use an IRS-approved distribution method and you must take at least one
distribution annually for this exception to apply. The required minimum distribution method, when used for this purpose, results in the exact
amount required to be distributed, not the minimum amount.
There are two other IRS-approved distribution methods that you can use. They are generally referred to as the fixed amortization method and
the fixed annuitization method. These two methods are not discussed in this publication because they are more complex and generally require
professional assistance. See Revenue Ruling 2002-62 in Internal Revenue Bulletin 2002-42 for more information on these two methods. To obtain a copy
of this revenue ruling, see Mail in chapter 6. This revenue ruling can also be found in many libraries and IRS offices.
The payments under this exception must generally continue until at least 5 years after the date of the first payment, or until you reach age 59, whichever is later. If a change from an approved distribution method is made before the end of the appropriate period, any payments you
receive before you reach age 59 will be subject to the 10% additional tax. This is true even if the change is made after you reach age
59. The payments will not be subject to the 10% additional tax if another exception applies or if the change is made because of your
death or disability.
One-time switch.
If you are receiving a series of substantially equal periodic payments, you can make a one-time switch to the required minimum distribution method
at any time without incurring the additional tax. Once a change is made, you must follow the required minimum distribution method in all subsequent
years.
Even if you are under age 59, if you paid expenses for higher education during the year, part (or all) of any distribution may not
be subject to the 10% additional tax. The part not subject to the tax is generally the amount that is not more than the qualified higher education
expenses (defined later) for the year for education furnished at an eligible educational institution (defined later). The education must be for you,
your spouse, or the children or grandchildren of you or your spouse.
When determining the amount of the distribution that is not subject to the 10% additional tax, include qualified higher education expenses paid
with any of the following funds.
Payment for services, such as wages.
A loan.
A gift.
An inheritance given to either the student or the individual making the withdrawal.
A withdrawal from personal savings (including savings from a qualified tuition program).
Do not include expenses paid with any of the following funds.
Tax-free distributions from a Coverdell education savings account.
Tax-free part of scholarships and fellowships.
Pell grants.
Employer-provided educational assistance.
Veterans' educational assistance.
Any other tax-free payment (other than a gift or inheritance) received as educational assistance.
Qualified higher education expenses.
Qualified higher education expenses are tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a student at an
eligible educational institution. They also include expenses for special needs services incurred by or for special needs students in connection with
their enrollment or attendance. In addition, if the individual is at least a half-time student, room and board are qualified higher education
expenses.
Eligible educational institution.
This is any college, university, vocational school, or other postsecondary educational institution eligible to participate in the student aid
programs administered by the Department of Education. It includes virtually all accredited, public, nonprofit, and proprietary (privately owned
profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.
First home.Early distributions:First-time homebuyers, exceptionFirst-time homebuyers
Even if you are under age 59, you do not have to pay the 10% additional tax on up to $10,000 of distributions you receive to buy,
build, or rebuild a first home. To qualify for treatment as a first-time homebuyer distribution, the distribution must meet all the following
requirements.
It must be used to pay qualified acquisition costs (defined later) before the close of the 120th day after the day you received
it.
It must be used to pay qualified acquisition costs for the main home of a first-time homebuyer (defined later) who is any of the
following.
Yourself.
Your spouse.
Your or your spouse's child.
Your or your spouse's grandchild.
Your or your spouse's parent or other ancestor.
When added to all your prior qualified first-time homebuyer distributions, if any, total qualifying distributions cannot be more than
$10,000.
If both you and your spouse are first-time homebuyers (defined later), each of you can receive distributions up to $10,000 for a first home without
having to pay the 10% additional tax.
Qualified acquisition costs.
Qualified acquisition costs include the following items.
Costs of buying, building, or rebuilding a home.
Any usual or reasonable settlement, financing, or other closing costs.
First-time homebuyer.
Generally, you are a first-time homebuyer if you had no present interest in a main home during the 2-year period ending on the date of acquisition
of the home which the distribution is being used to buy, build, or rebuild. If you are married, your spouse must also meet this no-ownership
requirement.
Date of acquisition.
The date of acquisition is the date that:
You enter into a binding contract to buy the main home for which the distribution is being used, or
The building or rebuilding of the main home for which the distribution is being used begins.
Hurricane relief.
If you received a distribution to buy, build, or rebuild a first home, but did not buy, build, or rebuild the home because of Hurricane Katrina,
Rita, or Wilma, you may be able to repay the distribution and not pay income tax or the 10% additional tax on early distributions. See Repayment
of a Qualified Distribution for the Purchase or Construction of a Main Home in chapter 4.
Note.
Distributions that are timely and properly rolled over, as discussed earlier, are not subject to either regular income tax or the 10% additional
tax. Certain withdrawals of excess contributions are also tax free and not subject to the 10% additional tax. (See Excess Contributions Withdrawn
by Due Date of Return, and Excess Contributions Withdrawn After Due Date of Return, earlier.) This also applies to transfers incident
to divorce, as discussed under Can You Move Retirement Plan Assets, earlier.
Early distributions (with or without your consent) from savings institutions placed in receivership are subject to this tax unless one of the above
exceptions applies. This is true even if the distribution is from a receiver that is a state agency.
The additional tax on early distributions is 10% of the amount of the early distribution that you must include in your gross income. This tax is in
addition to any regular income tax resulting from including the distribution in income.
Use Form 5329 to figure the tax. See the discussion of Form 5329, later, under Reporting Additional Taxes for information on filing the
form.
Example.
Tom Jones, who is 35 years old, receives a $3,000 distribution from his traditional IRA account. Tom does not meet any of the exceptions to the 10%
additional tax, so the $3,000 is an early distribution. Tom never made any nondeductible contributions to his IRA. He must include the $3,000 in his
gross income for the year of the distribution and pay income tax on it. Tom must also pay an additional tax of $300 (10% × $3,000). He files
Form 5329. See the filled-in Form 5329.
Form 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts 2004Summary: This is an example of Form 5329 (2004) as pertains to the description in the text. The line items completed are:Name of individual subject to additional tax. If married filing jointly, see page 1 of the instructions. field contains Tom
JonesYour social security number field contains 004-00-0000Under
Part I: Additional Tax on Early Distributions:1. Early distributions included in income. For Roth IRA. distributions, see instructions field contains 3,0002. Early distributions included on line 1 that are not subject to the additional tax (see instructions). field contains 03. Amount subject to additional tax. Subtract line 2 from line 1 field contains 3,0004. Additional tax. Enter 10% (.10) of line 3. Include this amount on Form 1040, line 59 field contains
300
SIMPLE IRAs:Early distributions
Early distributions of funds from a SIMPLE retirement account made within 2 years of beginning participation in the SIMPLE are subject to a 25%,
rather than 10%, early distributions tax.
You cannot keep amounts in your traditional IRA indefinitely. Generally, you must begin receiving distributions by April 1 of the year following
the year in which you reach age 70. The required minimum distribution for any year after the year in which you reach age 70 must be made by December 31 of that later year.
Tax on excess.
If distributions are less than the required minimum distribution for the year, discussed earlier under When Must You Withdraw Assets?
(Required Minimum Distributions), you may have to pay a 50% excise tax for that year on the amount not distributed as required.
Reporting the tax.Form 5329
Use Form 5329 to report the tax on excess accumulations. See the discussion of Form 5329, later, under Reporting Additional Taxes, for
more information on filing the form.
Request to excuse the tax.
If the excess accumulation is due to reasonable error, and you have taken, or are taking, steps to remedy the insufficient distribution, you can
request that the tax be excused. If you believe you qualify for this relief, file Form 5329, and attach a letter of explanation.
Exemption from tax.
If you are unable to take required distributions because you have a traditional IRA invested in a contract issued by an insurance company that is
in state insurer delinquency proceedings, the 50% excise tax does not apply if the conditions and requirements of Revenue Procedure 92-10 are
satisfied. Those conditions and requirements are summarized below. Revenue Procedure 92-10 is in Cumulative Bulletin 1992-1. To obtain a copy of this
revenue procedure, see Mail in chapter 6. You can also read the revenue procedure at most IRS offices and at many public libraries.
Conditions.
To qualify for exemption from the tax, the assets in your traditional IRA must include an affected investment. Also, the amount of your required
distribution must be determined as discussed earlier under When Must You Withdraw Assets.
Affected investment defined.
Affected investment means an annuity contract or a guaranteed investment contract (with an insurance company) for which payments under the terms of
the contract have been reduced or suspended because of state insurer delinquency proceedings against the contracting insurance company.
Requirements.
If your traditional IRA (or IRAs) includes assets other than your affected investment, all traditional IRA assets, including the available portion
of your affected investment, must be used to satisfy as much as possible of your IRA distribution requirement. If the affected investment is the only
asset in your IRA, as much of the required distribution as possible must come from the available portion, if any, of your affected investment.
Available portion.
The available portion of your affected investment is the amount of payments remaining after they have been reduced or suspended because of state
insurer delinquency proceedings.
Make up of shortfall in distribution.
If the payments to you under the contract increase because all or part of the reduction or suspension is canceled, you must make up the amount of
any shortfall in a prior distribution because of the proceedings. You make up (reduce or eliminate) the shortfall with the increased payments you
receive.
Generally, you must use Form 5329 to report the tax on excess contributions, early distributions, and excess accumulations. If you must file Form
5329, you cannot use Form 1040A or Form 1040EZ.
Filing a tax return.
If you must file an individual income tax return, complete Form 5329 and attach it to your Form 1040. Enter the total additional taxes due on Form
1040, line 60.
Not filing a tax return.
If you do not have to file a return, but do have to pay one of the additional taxes mentioned earlier, file the completed Form 5329 with the IRS at
the time and place you would have filed Form 1040. Be sure to include your address on page 1 and your signature and date on page 2. Enclose, but do
not attach, a check or money order payable to the United States Treasury for the tax you owe, as shown on Form 5329. Write your social security number
and 2005 Form 5329 on your check or money order.
Form 5329 not required.
You do not have to use Form 5329 if either of the following situations exist.
Distribution code 1 (early distribution) is correctly shown in box 7 of Form 1099-R. If you do not owe any other additional tax on a
distribution, multiply the taxable part of the early distribution by 10% and enter the result on Form 1040, line 60. Put No to the left of line
60 to indicate that you do not have to file Form 5329. However, if you owe this tax and also owe any other additional tax on a distribution, do not
enter this 10% additional tax directly on your Form 1040. You must file Form 5329 to report your additional taxes.
Form 1099-R:Distribution code 1 used on
If you rolled over part or all of a distribution from a qualified retirement plan, the part rolled over is not subject to the tax on early
distributions.
Traditional IRAsPenalties
Roth IRAsRoth IRAsWhat's New for 2005Hurricane relief.
If you were affected by Hurricane Katrina, Rita, or Wilma, see chapter 4, Hurricane-Related Relief.
Roth IRA contribution limit.
If contributions were made on your behalf only to Roth IRAs, your contribution limit for 2005 is generally the lesser of:
$4,000, or
Your taxable compensation for the year.
If you were age 50 or older in 2005 and contributions on your behalf were made only to Roth IRAs, your contribution limit for 2005 is generally the
lesser of:
$4,500, or
Your taxable compensation for the year.
However, if your modified AGI is above a certain amount, your contribution limit may be reduced. For more information, see How Much Can Be
Contributed? under Can You Contribute to a Roth IRA?, later.
Modified AGI for conversion purposes.
Beginning in 2005, modified AGI for conversion purposes does not include minimum required distributions from qualified retirement plans, including
IRAs. For more information, see Modified AGI later in this chapter.
What's New for 2006Roth IRA contribution limit.
If contributions are made on your behalf only to Roth IRAs, your contribution limit for 2006 will generally be the lesser of:
$4,000, or
Your taxable compensation for the year.
If you are age 50 or older in 2006 and contributions on your behalf are made only to Roth IRAs, your contribution limit for 2006 will generally be
the lesser of:
$5,000, or
Your taxable compensation for the year.
However, if your modified AGI is above a certain amount, your contribution limit may be reduced. For more information, see How Much Can Be
Contributed? under Can You Contribute to a Roth IRA?, later.
ReminderDeemed IRAs.Deemed IRAs
For plan years beginning after 2002, a qualified employer plan (retirement plan) can maintain a separate account or annuity under the plan (a
deemed IRA) to receive voluntary employee contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will be
subject only to IRA rules. An employee's account can be treated as a traditional IRA or a Roth IRA.
For this purpose, a qualified employer plan includes:
A qualified pension, profit-sharing, or stock bonus plan (section 401(a) plan),
A qualified employee annuity plan (section 403(a) plan),
A tax-sheltered annuity plan (section 403(b) plan), and
A deferred compensation plan (section 457 plan) maintained by a state, a political subdivision of a state, or an agency or instrumentality
of a state or political subdivision of a state.
Regardless of your age, you may be able to establish and make nondeductible contributions to an individual retirement plan called a Roth IRA.
Contributions not reported.
You do not report Roth IRA contributions on your return.
What is a Roth IRA?Roth IRAs:Defined
A Roth IRA is an individual retirement plan that, except as explained in this chapter, is subject to the rules that apply to a traditional IRA
(defined below). It can be either an account or an annuity. Individual retirement accounts and annuities are described in chapter 1 under How Can
a Traditional IRA Be Set Up.
To be a Roth IRA, the account or annuity must be designated as a Roth IRA when it is set up. A deemed IRA can be a Roth IRA, but neither a SEP-IRA
nor a SIMPLE IRA can be designated as a Roth IRA.
Unlike a traditional IRA, you cannot deduct contributions to a Roth IRA. But, if you satisfy the requirements, qualified distributions (discussed
later) are tax free. Contributions can be made to your Roth IRA after you reach age 70 and you can leave amounts in your Roth IRA as
long as you live.
Traditional IRA.
A traditional IRA is any IRA that is not a Roth IRA or SIMPLE IRA. Traditional IRAs are discussed in chapter 1.
When Can a Roth IRA Be Set Up?Roth IRAs:Setting up
You can set up a Roth IRA at any time. However, the time for making contributions for any year is limited. See When Can You Make
Contributions, later under Can You Contribute to a Roth IRA.
Can You Contribute to
a Roth IRA?Contributions:Roth IRAsRoth IRAs:Contributions
Generally, you can contribute to a Roth IRA if you have taxable compensation (defined later) and your modified AGI (defined later) is less than:
$160,000 for married filing jointly or qualifying widow(er),
$10,000 for married filing separately and you lived with your spouse at any time during the year, and
$110,000 for single, head of household, or married filing separately and you did not live with your spouse at any time during the
year.
You may be eligible to claim a credit for contributions to your Roth IRA. For more information, see chapter 4.
Is there an age limit for contributions?Roth IRAs:Age limit
Contributions can be made to your Roth IRA regardless of your age.
Can you contribute to a Roth IRA for your spouse?Roth IRAs:SpouseSpousal IRA
You can contribute to a Roth IRA for your spouse provided the contributions satisfy the spousal IRA limit (discussed in chapter 1 under How
Much Can Be Contributed?), you file jointly, and your modified AGI is less than $160,000.
Compensation.
Compensation includes wages, salaries, tips, professional fees, bonuses, and other amounts received for providing personal services. It also
includes commissions, self-employment income, and taxable alimony and separate maintenance payments. For more information, see What Is
Compensation? under Who Can Set Up a Traditional IRA? in chapter 1.
Modified AGI.Adjusted gross income (AGI):Modified adjusted gross income (AGI)Modified adjusted gross income (AGI):Roth IRAs
Your modified AGI for Roth IRA purposes is your adjusted gross income (AGI) as shown on your return modified as follows.
Subtract the following:
Conversion income. This is any income resulting from the conversion of an IRA (other than a Roth IRA) to a Roth IRA. Conversions are
discussed under Can You Move Amounts Into a Roth IRA, later.
Minimum required distributions from qualified retirement plans, including IRAs, (for conversions only).
Add the following deductions and exclusions:
Traditional IRA deduction,
Student loan interest deduction,
Tuition and fees deduction,
Foreign earned income exclusion,
Foreign housing exclusion or deduction,
Exclusion of qualified bond interest shown on Form 8815,
Exclusion of employer-provided adoption benefits shown on Form 8839, and
Domestic production activities deduction from Form 1040, line 35, or Form 1040NR, line 33.
You can use Worksheet 2-1 to figure your modified AGI.
Do not subtract conversion income or minimum required distributions from qualified retirement plans (including IRAs) when figuring your other
AGI-based phaseouts and taxable income, such as your deduction for medical and dental expenses. Subtract them from AGI only for the purpose of
figuring your modified AGI for Roth IRA purposes.
How Much Can Be Contributed?
The contribution limit for Roth IRAs depends on whether contributions are made only to Roth IRAs or to both traditional IRAs and Roth IRAs.
<ROM>Table 2-1. </ROM>Effect of Modified AGI on Roth IRA Contribution
<L><ITL>This table shows whether your contribution to a Roth IRA is affected by the amount of your modified adjusted gross income (modified
AGI).</ITL>Modified adjusted gross income (AGI):Roth IRAs:Effect on contribution amount (Table 2-1)Roth IRAs:Modified AGI:Effect on contribution amount (Table 2-1)Tables:Modified AGI:Roth IRAs, effect on contribution (Table 2-1)
IF you have taxable compensation
and your filing status is ...AND your modified AGI is ...THEN ...married filing jointly or
qualifying widow(er)less than $150,000you can contribute up to $4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older) as
explained under How Much Can Be Contributed.at least $150,000
but less than $160,000the amount you can contribute is reduced as explained under Contribution limit reduced.$160,000 or moreyou cannot contribute to a Roth IRA.married filing separately and
you lived with your spouse at any
time during the yearzero (-0-)you can contribute up to $4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older) as
explained under How Much Can Be Contributed.more than zero (-0-)
but less than $10,000the amount you can contribute is reduced as explained under Contribution limit reduced.$10,000 or more you cannot contribute to a Roth IRA.single,head of household, or married filing separately and
you did not live with your spouse
at any time during the yearless than $95,000you can contribute up to $4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older) as
explained under How Much Can Be Contributed.at least $95,000
but less than $110,000the amount you can contribute is reduced as explained under Contribution limit reduced.$110,000 or moreyou cannot contribute to a Roth IRA.
Roth IRAs only.
If contributions are made only to Roth IRAs, your contribution limit generally is the lesser of:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older), or
Your taxable compensation.
However, if your modified AGI is above a certain amount, your contribution limit may be reduced, as explained later under Contribution
limit reduced.
Roth IRAs and traditional IRAs.Roth IRAs:Contributions:To traditional IRAs and to Roth IRAsTraditional IRAs:Contributions:To Roth IRAs and to traditional IRAs
If contributions are made to both Roth IRAs and traditional IRAs established for your benefit, your contribution limit for Roth IRAs generally is
the same as your limit would be if contributions were made only to Roth IRAs, but then reduced by all contributions (other than employer contributions
under a SEP or SIMPLE IRA plan) for the year to all IRAs other than Roth IRAs.
This means that your contribution limit is the lesser of:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older) minus all contributions (other than
employer contributions under a SEP or SIMPLE IRA plan) for the year to all IRAs other than Roth IRAs, or
Your taxable compensation minus all contributions (other than employer contributions under a SEP or SIMPLE IRA plan) for the year to all
IRAs other than Roth IRAs.
However, if your modified AGI is above a certain amount, your contribution limit may be reduced, as explained next under Contribution
limit reduced.
Simplified employee pensions (SEPs) are discussed in Publication 560. Savings incentive match plans for employees (SIMPLEs) are discussed in
chapter 3.
If your modified AGI is above a certain amount, your contribution limit is gradually reduced. Use Table 2-1 to determine if this reduction applies
to you.
Figuring the reduction.
If the amount you can contribute must be reduced, figure your reduced contribution limit as follows.
Start with your modified AGI.
Subtract from the amount in (1):
$150,000 if filing a joint return or qualifying widow(er),
$-0- if married filing a separate return, and you lived with your spouse at any time during the year, or
$95,000 for all other individuals.
Divide the result in (2) by $15,000 ($10,000 if filing a joint return, qualifying widow(er), or married filing a separate return and you
lived with your spouse at any time during the year).
Multiply the maximum contribution limit (before reduction by this adjustment and before reduction for any contributions to traditional IRAs)
by the result in (3).
Subtract the result in (4) from the maximum contribution limit before this reduction. The result is your reduced contribution
limit.
<ROM>Worksheet 2-1.</ROM> Modified Adjusted Gross Income for Roth IRA Purposes
<L><ITL>Use this worksheet to figure your modified adjusted gross income for Roth IRA purposes.</ITL>Roth IRAs:Modified AGI:Figuring (Worksheet 2-1)Worksheets:Roth IRAs:Figuring modified AGI (Worksheet 2-1)
1.Enter your adjusted gross income (Form 1040, line 38 or Form 1040A, line 22)1.2.Enter any income resulting from the conversion of an IRA (other than a Roth IRA) to a
Roth IRA or a minimum required distribution from a qualified retirement plan, including an IRA (if figuring MAGI for conversion purposes)2.3.Subtract line 2 from line 13.4.Enter any traditional IRA deduction (Form 1040, line 32 or Form 1040A, line 17)4.5.Enter any student loan interest deduction (Form 1040, line 33 or Form 1040A, line
18)5.6.Enter any tuition and fees deduction (Form 1040, line 34 or Form 1040A, line 19)6.7.Enter any foreign earned income and/or housing exclusion (Form 2555, line 43 or Form
2555-EZ, line 18)7.8.Enter any foreign housing deduction (Form 2555, line 48)8.9.Enter any exclusion of bond interest (Form 8815, line 14)9.10.Enter any exclusion of employer-provided adoption benefits (Form 8839, line 30)10.11.Enter any domestic production activities deduction (Form 1040, line 35 or Form 1040NR, line 3311.12.Add the amounts on lines 3 through 11. 12.13.Enter:
$160,000 if married filing jointly or qualifying widow(er)
$10,000 if married filing separately and you lived with your spouse at any time during the year
$110,000 for all others
13.14.Is the amount on line 12 more than the amount on line 13?
If yes, see the note below.
If no, the amount on line 12 is your modified adjusted gross income for Roth IRA purposes.Note. If the amount on line 12 is more than the amount on line 13 and you have other income
or loss items, such as social security income or passive activity losses, that are subject to AGI-based phaseouts, you can refigure your AGI solely
for the purpose of figuring your modified AGI for Roth IRA purposes. When figuring your modified AGI for conversion purposes, refigure your AGI
without taking into account any income from conversions or minimum required distributions from qualified retirement plans, including IRAs. (If you
receive social security benefits, use Worksheet 1 in Appendix B to refigure your AGI.) Then go to list item 2) above under
Modified AGI or line 4 above in Worksheet 2-1 to refigure your modified AGI. If you do not have other income or loss items
subject to AGI-based phaseouts, your modified adjusted gross income for Roth IRA purposes is the amount on line 12 above.
You can use Worksheet 2-2 to figure the reduction.
Before using this worksheet, check Table 2-1 to determine whether or not your Roth IRA contribution limit is reduced. If it is, use
this worksheet to determine how much it is reduced.
1.Enter your modified AGI for Roth IRA purposes1.2.Enter:
$150,000 if filing a joint return or qualifying widow(er)
$-0- if married filing a separate return and you lived with your spouse at any time in 2005
$95,000 for all others
2.3.Subtract line 2 from line 13.4.Enter:
$10,000 if filing a joint return or qualifying widow(er) or married filing a separate return and you lived with your spouse at any time
during the year
$15,000 for all others
4.5.Divide line 3 by line 4 and enter the result as a decimal (rounded to at least three places). If the result
is 1.000 or more, enter 1.0005.6.Enter the lesser of:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older), or
Your taxable compensation
6.7.Multiply line 5 by line 67.8.Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter
$2008.9.Enter contributions for the year to other IRAs9.10.Subtract line 9 from line 610.11.Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit11.
Round your reduced contribution limit up to the nearest $10. If your reduced contribution limit is more than $0, but less than $200, increase the
limit to $200.
Example.
You are a 45-year-old, single individual with taxable compensation of $113,000. You want to make the maximum allowable contribution to your Roth
IRA for 2005. Your modified AGI for 2005 is $100,000. You have not contributed to any traditional IRA, so the maximum contribution limit before the
modified AGI reduction is $4,000. Using the steps described above, you figure your reduced Roth IRA contribution of $2,670 as shown on the following
worksheet.
<ROM>Worksheet 2-2.</ROM> Example—Illustrated
Before using this worksheet, check Table 2-1 to determine whether or not your Roth IRA contribution limit is reduced. If it is, use
this worksheet to determine how much it is reduced.
1.Enter your modified AGI for Roth IRA purposes1.100,0002.Enter:
$150,000 if filing a joint return or qualifying widow(er)
$0 if married filing a separate return and you lived with your spouse at any time in 2005
$95,000 for all others
2.95,0003.Subtract line 2 from line 13.5,0004.Enter:
$10,000 if filing a joint return or qualifying widow(er) or married filing a separate return and you lived with your spouse at any time
during the year
$15,000 for all others
4.15,0005.Divide line 3 by line 4 and enter the result as a decimal (rounded to at least three places). If the result
is 1.000 or more, enter 1.005..3336.Enter the lesser of:
$4,000 ($4,500 if you are age 50 or older; for 2006, $4,000 or $5,000, if you are age 50 or older), or
Your taxable compensation
6.4,0007.Multiply line 5 by line 67.13328.Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter
$2008.2,6709.Enter contributions for the year to other IRAs9.010.Subtract line 9 from line 610.4,00011.Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit11.2,670
When Can You Make Contributions?Roth IRAs:Contributions:Timing of
You can make contributions to a Roth IRA for a year at any time during the year or by the due date of your return for that year (not including
extensions).
You can make contributions for 2005 by the due date (not including extensions) for filing your 2005 tax return. This means that most people can
make contributions for 2005 by April 17, 2006.
What If You Contribute Too Much?Excess contributions:Roth IRAsRoth IRAs:Excess contributionsPenalties:Excess contributions:Roth IRAs6% excise tax on excess contributions to Roth IRAs
A 6% excise tax applies to any excess contribution to a Roth IRA.
Excess contributions.
These are the contributions to your Roth IRAs for a year that equal the total of:
Amounts contributed for the tax year to your Roth IRAs (other than amounts properly and timely rolled over from a Roth IRA or properly
converted from a traditional IRA, as described later) that are more than your contribution limit for the year (explained earlier under How Much
Can be Contributed?), plus
Any excess contributions for the preceding year, reduced by the total of:
Any distributions out of your Roth IRAs for the year, plus
Your contribution limit for the year minus your contributions to all your IRAs for the year.
Withdrawal of excess contributions.
For purposes of determining excess contributions, any contribution that is withdrawn on or before the due date (including extensions) for filing
your tax return for the year is treated as an amount not contributed. This treatment only applies if any earnings on the contributions are also
withdrawn. The earnings are considered earned and received in the year the excess contribution was made.
If contributions to your Roth IRA for a year were more than the limit, you can apply the excess contribution in one year to a later year if the
contributions for that later year are less than the maximum allowed for that year.
Can You Move Amounts
Into a Roth IRA?Transfers:To Roth IRAs
You may be able to convert amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. You may be able to recharacterize contributions
made to one IRA as having been made directly to a different IRA. You can roll amounts over from one Roth IRA to another Roth IRA.
You can convert a traditional IRA to a Roth IRA. The conversion is treated as a rollover, regardless of the conversion method used. Most of the
rules for rollovers, described in chapter 1 under Rollover From One IRA Into Another, apply to these rollovers. However, the 1-year waiting
period does not apply.
Conversion methods.
You can convert amounts from a traditional IRA to a Roth IRA in any of the following three ways.
Rollover. You can receive a distribution from a traditional IRA and roll it over (contribute it) to a Roth IRA within 60 days
after the distribution.
Rollovers:To Roth IRAs
Trustee-to-trustee transfer. You can direct the trustee of the traditional IRA to transfer an amount from the traditional IRA to
the trustee of the Roth IRA.
Transfers:Trustee to trusteeTrustee-to-trustee transfers:To Roth IRAs
Same trustee transfer. If the trustee of the traditional IRA also maintains the Roth IRA, you can direct the trustee to transfer
an amount from the traditional IRA to the Roth IRA.
Same trustee.
Conversions made with the same trustee can be made by redesignating the traditional IRA as a Roth IRA, rather than opening a new account or issuing
a new contract.
More information.
For more information on conversions, see Converting From Any Traditional IRA Into a Roth IRA in chapter 1.
If, when you converted amounts from a traditional IRA or SIMPLE IRA into a Roth IRA, you expected to have modified AGI of $100,000 or less and a
filing status other than married filing separately, but your expectations did not come true, you have made a failed conversion.
Results of failed conversions.
If the converted amount (contribution) is not recharacterized (explained in chapter 1), the contribution will be treated as a regular contribution
to the Roth IRA and subject to the following tax consequences.
A 6% excise tax per year will apply to any excess contribution not withdrawn from the Roth IRA.
The distributions from the traditional IRA must be included in your gross income.
The 10% additional tax on early distributions may apply to any distribution.
How to avoid.
You must move the amount converted (including all earnings from the date of conversion) into a traditional IRA by the due date (including
extensions) for your tax return for the year during which you made the conversion to the Roth IRA. You do not have to include this distribution
(withdrawal) in income.
Rollover From a Roth IRARollovers:From Roth IRAsRoth IRAs:Rollovers from
You can withdraw, tax free, all or part of the assets from one Roth IRA if you contribute them within 60 days to another Roth IRA. Most of the
rules for rollovers, described in chapter 1 under Rollover From One IRA Into Another, apply to these rollovers. However, rollovers from
retirement plans other than Roth IRAs are disregarded for purposes of the 1-year waiting period between rollovers.
A rollover from a Roth IRA to an employer retirement plan is not allowed.
Are Distributions Taxable?Distributions:Roth IRAsRoth IRAs:Distributions
You do not include in your gross income qualified distributions or distributions that are a return of your regular contributions from your Roth
IRA(s). You also do not include distributions from your Roth IRA that you roll over tax free into another Roth IRA. You may have to include part of
other distributions in your income. See Ordering Rules for Distributions, later.
Basis of distributed property.Basis:Roth IRAs
The basis of property distributed from a Roth IRA is its fair market value (FMV) on the date of distribution, whether or not the distribution is a
qualified distribution.
Withdrawals of contributions by due date.
If you withdraw contributions (including any net earnings on the contributions) by the due date of your return for the year in which you made the
contribution, the contributions are treated as if you never made them. If you have an extension of time to file your return, you can withdraw the
contributions and earnings by the extended due date. The withdrawal of contributions is tax free, but you must include the earnings on the
contributions in income for the year in which you made the contributions.
What Are Qualified Distributions?
A qualified distribution is any payment or distribution from your Roth IRA that meets the following requirements.
It is made after the 5-year period beginning with the first taxable year for which a contribution was made to a Roth IRA set up for your
benefit, and
The payment or distribution is:
Made on or after the date you reach age 59,
Made because you are disabled,
Made to a beneficiary or to your estate after your death, or
One that meets the requirements listed under First home under Exceptions in chapter 1 (up to a $10,000 lifetime
limit).
Figure 2-1. Is the Distribution from Your Roth IRA. Taxable?Summary: This flowchart is used to determine if distributions from a Roth IRA. are taxable.Start HereThis is the starting of the flowchart.Decision (1)Has it been at least 5 years from the beginning of the year in which you first set up and contributed to a Roth IRA. ?IF Yes Continue To Decision (2)IF No Continue To Process (b)Decision (2)Were you at least 59 1/2 years old at the time of the distribution?IF No Continue To Decision (3)IF Yes Continue To Process (a)Decision (3)Is the distribution being used to buy or rebuild a first home as Explained in First Home under when Can I Withdraw or Use Assets in chapter
1?IF No Continue To Decision (4)IF Yes Continue To Process (a)Decision (4)Is the distribution due to your being disabled?IF No Continue To Decision (5)IF Yes Continue To Process (a)Decision (5)Was the distribution made to your beneficiary or your estate after your death?IF Yes Continue To Process (a)IF No Continue To Process (b)Process (a)The distribution from the Roth IRA. is a qualified distribution. It is not subject to tax or penalty.Continue To EndProcess (b)The distribution from the Roth IRA. is not a qualified distribution. It may be subject to tax and it may be subject to penalty.Continue To EndEndThis is the ending of the flowchart.
If you were affected by Hurricane Katrina, Rita, or Wilma, see Chapter 4, Hurricane-Related Relief.
Additional Tax on Early DistributionsEarly distributions:Roth IRAsRoth IRAs:Early distributions
If you receive a distribution that is not a qualified distribution, you may have to pay the 10% additional tax on early distributions as explained
in the following paragraphs.
Distributions of conversion contributions within 5-year period.
If, within the 5-year period starting with the first day of your tax year in which you convert an amount from a traditional IRA to a Roth IRA, you
take a distribution from a Roth IRA, you may have to pay the 10% additional tax on early distributions. You generally must pay the 10% additional tax
on any amount attributable to the part of the amount converted (the conversion contribution) that you had to include in income. A separate 5-year
period applies to each conversion. See Ordering Rules for Distributions, later, to determine the amount, if any, of the distribution that
is attributable to the part of the conversion contribution that you had to include in income.
The 5-year period used for determining whether the 10% early distribution tax applies to a distribution from a conversion contribution is
separately determined for each conversion, and is not necessarily the same as the 5-year period used for determining whether a distribution is a
qualified distribution. See What Are Qualified Distributions, earlier.
For example, if a calendar-year taxpayer makes a conversion contribution on February 25, 2000, and makes a regular contribution for 1999 on the
same date, the 5-year period for the conversion begins January 1, 2000, while the 5-year period for the regular contribution begins on January 1,
1999.
Unless one of the exceptions listed later applies, you must pay the additional tax on the portion of the distribution attributable to the part of
the conversion contribution that you had to include in income because of the conversion.
You must pay the 10% additional tax in the year of the distribution, even if you had included the conversion contribution in an earlier year. You
also must pay the additional tax on any portion of the distribution attributable to earnings on contributions.
Other early distributions.
Unless one of the exceptions listed below applies, you must pay the 10% additional tax on the taxable part of any distributions that are not
qualified distributions.
Exceptions.
You may not have to pay the 10% additional tax in the following situations.
You have reached age 59.
You are disabled.
You are the beneficiary of a deceased IRA owner.
You use the distribution to pay certain qualified first-time homebuyer amounts.
The distributions are part of a series of substantially equal payments.
You have significant unreimbursed medical expenses.
You are paying medical insurance premiums after losing your job.
The distributions are not more than your qualified higher education expenses.
The distribution is due to an IRS levy of the qualified plan.
Most of these exceptions are discussed earlier in chapter 1 under Early Distributions.
If you were affected by Hurricane Katrina, Rita, or Wilma, see Chapter 4, Hurricane-Related Relief.
Ordering Rules for DistributionsDistributions:Roth IRAs:Ordering rules forRoth IRAs:Distributions:Ordering rules for
If you receive a distribution from your Roth IRA that is not a qualified distribution, part of it may be taxable. There is a set order in which
contributions (including conversion contributions) and earnings are considered to be distributed from your Roth IRA. For these purposes, disregard the
withdrawal of excess contributions and the earnings on them (discussed earlier under What If You Contribute Too Much). Order the
distributions as follows.
Regular contributions.
Conversion contributions, on a first-in-first-out basis (generally, total conversions from the earliest year first). See Aggregation
(grouping and adding) rules, later. Take these conversion contributions into account as follows:
Taxable portion (the amount required to be included in gross income because of conversion) first, and then the
Nontaxable portion.
Earnings on contributions.
Disregard rollover contributions from other Roth IRAs for this purpose.
Aggregation (grouping and adding) rules.
Determine the taxable amounts distributed (withdrawn), distributions, and contributions by grouping and adding them together as follows.
Add all distributions from all your Roth IRAs during the year together.
Add all regular contributions made for the year (including contributions made after the close of the year, but before the due date of your
return) together. Add this total to the total undistributed regular contributions made in prior years.
Add all conversion contributions made during the year together. For purposes of the ordering rules, in the case of any conversion in which
the conversion distribution is made in 2005 and the conversion contribution is made in 2006, treat the conversion contribution as contributed before
any other conversion contributions made in 2006.
Add any recharacterized contributions that end up in a Roth IRA to the appropriate contribution group for the year that the original
contribution would have been taken into account if it had been made directly to the Roth IRA.
Disregard any recharacterized contribution that ends up in an IRA other than a Roth IRA for the purpose of grouping (aggregating) both
contributions and distributions. Also disregard any amount withdrawn to correct an excess contribution (including the earnings withdrawn) for this
purpose.
Example.
On October 15, 2000, Justin converted all $80,000 in his traditional IRA to his Roth IRA. His Forms 8606 from prior years show that $20,000 of the
amount converted is his basis.
Justin included $60,000 ($80,000 − $20,000) in his gross income.
On February 23, 2005, Justin makes a regular contribution of $4,000 to a Roth IRA. On November 7, 2005, at age 60, Justin takes a $7,000
distribution from his Roth IRA.
The first $4,000 of the distribution is a return of Justin's regular contribution and is not includible in his income.
The next $3,000 of the distribution is not includible in income because it was included previously.
How Do You Figure the Taxable Part?Roth IRAs:Figuring taxable part
To figure the taxable part of a distribution that is not a qualified distribution, complete Worksheet 2-3.
<ROM>Worksheet 2-3. </ROM>Figuring the Taxable Part of a Distribution (Other Than a Qualified Distribution) From a Roth IRA
Roth IRAs:Figuring taxable part:Worksheet 2-3Worksheets:Roth IRAs:Figuring taxable part (Worksheet 2-3)1.Enter the total of all distributions made from your Roth IRA(s) during the year1.2.Enter the amount of qualified distributions made during the year2.3.Subtract line 2 from line 13.4.Enter the amount of distributions made during the year to correct excess contributions made
during the year. (Do not include earnings.)4.5.Subtract line 4 from line 35.6.Enter the amount of distributions made during the year that were contributed to another Roth
IRA in a qualified rollover contribution (other than a repayment of a qualified hurricane distribution)6.7.Subtract line 6 from line 57.8.Enter the amount of all prior distributions from your Roth IRA(s) (whether or not
they were qualified distributions)8.9.Add lines 3 and 89.10.Enter the amount of the distributions included on line 8 that were previously includible in
your income10.11.Subtract line 10 from line 911.12.Enter the total of all your contributions to all of your Roth IRAs12.13.Enter the total of all distributions made (this year and in prior years) to correct excess
contributions. (Include earnings.)13.14.Subtract line 13 from line 12. (If the result is less than 0, enter 0.)14.15.Subtract line 14 from line 11. (If the result is less than 0, enter 0.)15.16.Enter the smaller of the amount on line 7 or the amount on line 15. This is the taxable
part of your distribution16.
Distributions:Roth IRAsRoth IRAs:DistributionsMust You Withdraw or Use Assets?Roth IRAs:Withdrawing or using assetsWithdrawing or using assets:Roth IRAs
You are not required to take distributions from your Roth IRA at any age. The minimum distribution rules that apply to traditional IRAs do not
apply to Roth IRAs while the owner is alive. However, after the death of a Roth IRA owner, certain of the minimum distribution rules that apply to
traditional IRAs also apply to Roth IRAs as explained later under Distributions After Owner's Death.
Minimum distributions.
You cannot use your Roth IRA to satisfy minimum distribution requirements for your traditional IRA. Nor can you use distributions from traditional
IRAs for required distributions from Roth IRAs. See Distributions to beneficiaries, later.
Recognizing Losses on InvestmentsLosses:Roth IRAsRoth IRAs:Losses
If you have a loss on your Roth IRA investment, you can recognize the loss on your income tax return, but only when all the amounts in all of your
Roth IRA accounts have been distributed to you and the total distributions are less than your unrecovered basis.
Your basis is the total amount of contributions in your Roth IRAs.
You claim the loss as a miscellaneous itemized deduction, subject to the 2%-of-adjusted-gross-income limit that applies to certain miscellaneous
itemized deductions on Schedule A, Form 1040. Any such losses are added back to taxable income for purposes of calculating the Alternative Minimum
Tax.
Distributions After Owner's DeathRoth IRAs:Distributions:After death of owner
If a Roth IRA owner dies, the minimum distribution rules that apply to traditional IRAs apply to Roth IRAs as though the Roth IRA owner died before
his or her required beginning date. See When Can You Withdraw or Use Assets? in chapter 1.
Distributions to beneficiaries.Beneficiaries:Roth IRAs
Generally, the entire interest in the Roth IRA must be distributed by the end of the fifth calendar year after the year of the owner's death unless
the interest is payable to a designated beneficiary over the life or life expectancy of the designated beneficiary. (See When Must You Withdraw
Assets? (Required Minimum Distributions) in chapter 1.)
If paid as an annuity, the entire interest must be payable over a period not greater than the designated beneficiary's life expectancy and
distributions must begin before the end of the calendar year following the year of death. Distributions from another Roth IRA cannot be substituted
for these distributions unless the other Roth IRA was inherited from the same decedent.
If the sole beneficiary is the spouse, he or she can either delay distributions until the decedent would have reached age 70, or
treat the Roth IRA as his or her own.
Combining with other Roth IRAs.
A beneficiary can combine an inherited Roth IRA with another Roth IRA maintained by the beneficiary only if the beneficiary either:
Inherited the other Roth IRA from the same decedent, or
Was the spouse of the decedent and the sole beneficiary of the Roth IRA and elects to treat it as his or her own IRA.
Distributions that are not qualified distributions.
If a distribution to a beneficiary is not a qualified distribution, it is generally includible in the beneficiary's gross income in the same manner
as it would have been included in the owner's income had it been distributed to the IRA owner when he or she was alive.
If the owner of a Roth IRA dies before the end of:
The 5-year period beginning with the first taxable year for which a contribution was made to a Roth IRA set up for the owner's benefit,
or
The 5-year period starting with the year of a conversion contribution from a traditional IRA to a Roth IRA,
each type of contribution is divided among multiple beneficiaries according to the pro-rata share of each. See Ordering Rules for
Distributions, earlier in this chapter under Are Distributions Taxable.
Example.
When Ms. Hibbard died in 2005, her Roth IRA contained regular contributions of $4,000, a conversion contribution of $10,000 that was made in 2001,
and earnings of $2,000. No distributions had been made from her IRA. She had no basis in the conversion contribution in 2001.
When she established her Roth IRA, she named each of her 4 children as equal beneficiaries. Each child will receive one-fourth of each type of
contribution and one-fourth of the earnings. An immediate distribution of $4,000 to each child will be treated as $1,000 from regular contributions,
$2,500 from conversion contributions, and $500 from earnings.
In this case, because the distributions are made before the end of the applicable 5-year period for a qualified distribution, each beneficiary
includes $500 in income for 2005. The 10% additional tax on early distributions does not apply because the distribution was made to the beneficiaries
as a result of the death of the IRA owner.
If distributions from an inherited Roth IRA are less than the required minimum distribution for the year, discussed in chapter 1 under When
Must You Withdraw Assets? (Required Minimum Distributions), you may have to pay a 50% excise tax for that year on the amount not distributed as
required. For the tax on excess accumulations (insufficient distributions), see Excess Accumulations (Insufficient Distributions) under
What Acts Result in Penalties or Additional Taxes? in chapter 1. If this applies to you, substitute Roth IRA for traditional
IRA in that discussion.
Savings Incentive Match Plans for Employees (SIMPLE)Savings Incentive Match Plans for EmployeesSIMPLE IRAsSIMPLE IRAsWhat's New for 2005Hurricane relief.
If you were affected by Hurricane Katrina, Rita, or Wilma, see chapter 4, Hurricane-Related Relief.
Increase in limit on salary reduction contributions under a SIMPLE.
For 2005, salary reduction contributions that your employer can make on your behalf under a SIMPLE plan increased to $10,000 (up from $9,000 in
2004).
For more information about salary reduction contributions, see How Much Can Be Contributed on Your Behalf, later.
Additional salary reduction contributions to SIMPLE IRAs for persons age 50 and older.
For 2005, additional salary reduction contributions could be made to your SIMPLE IRA if:
You were age 50 or older in 2005, and
No other salary reduction contributions could be made for you to the plan for the year because of limits or restrictions, such as the
regular annual limit.
For 2005, the additional amount is the lesser of the following two amounts.
$2,000 (up from $1,500 for 2004), or
Your compensation for the year reduced by your other elective deferrals for the year.
For more information, see How Much Can Be Contributed on Your Behalf, later.
What's New for 2006Additional salary reduction contributions to SIMPLE IRAs for persons age 50 and older.
For 2006, additional salary reduction contributions can be made to your SIMPLE IRA if:
You will be age 50 or older before 2007, and
No other salary reduction contributions can be made for you to the plan for the year because of limits or restrictions, such as the regular
annual limit.
For 2006, the additional amount is the lesser of the following two amounts.
$2,500 (up from $2,000 for 2005), or
Your compensation for the year reduced by your other elective deferrals for the year.
For more information, see How Much Can Be Contributed on Your Behalf?, later.
This chapter is for employees who need information about savings incentive match plans for employees (SIMPLE plans). It explains what a SIMPLE plan
is, contributions to a SIMPLE plan, and distributions from a SIMPLE plan.
Under a SIMPLE plan, SIMPLE retirement accounts for participating employees can be set up either as:
Part of a 401(k) plan, or
A plan using IRAs (SIMPLE IRA).
This chapter only discusses the SIMPLE plan rules that relate to SIMPLE IRAs. See Publication 560 for information on any special rules for
SIMPLE plans that do not use IRAs.
If your employer maintains a SIMPLE plan, you must be notified, in writing, that you can choose the financial institution that will serve as
trustee for your SIMPLE IRA and that you can roll over or transfer your SIMPLE IRA to another financial institution. See Rollovers and Transfers
Exception, later under When Can You Withdraw or Use Assets.
What Is a SIMPLE Plan?SIMPLE IRAs:SIMPLE plan, defined
A SIMPLE plan is a tax-favored retirement plan that certain small employers (including self-employed individuals) can set up for the benefit of
their employees. See Publication 560 for information on the requirements employers must satisfy to set up a SIMPLE plan.
Salary reduction arrangement
A SIMPLE plan is a written agreement (salary reduction agreement) between you and your employer that allows you, if you are an eligible employee
(including a self-employed individual), to choose to:
Reduce your compensation (salary) by a certain percentage each pay period, and
Have your employer contribute the salary reductions to a SIMPLE IRA on your behalf. These contributions are called salary reduction
contributions.
All contributions under a SIMPLE IRA plan must be made to SIMPLE IRAs, not to any other type of IRA. The SIMPLE IRA can be an individual retirement
account or an individual retirement annuity, described in chapter 1. Contributions are made on behalf of eligible employees. (See Eligible
Employees, later.) Contributions are also subject to various limits. (See How Much Can Be Contributed on Your Behalf, later.)
In addition to salary reduction contributions, your employer must make either matching contributions or nonelective contributions. See How Are
Contributions Made, later.
You may be able to claim a credit for contributions to your SIMPLE. For more information, see chapter 5.
Eligible EmployeesSIMPLE IRAs:Eligible employees
You must be allowed to participate in your employer's SIMPLE plan if you:
Received at least $5,000 in compensation from your employer during any 2 years prior to the current year, and
Are reasonably expected to receive at least $5,000 in compensation during the calendar year for which contributions are made.
For SIMPLE plan purposes, the term employee includes a self-employed individual who received earned income.
Excludable employees.
Your employer can exclude the following employees from participating in the SIMPLE plan.
Employees whose retirement benefits are covered by a collective bargaining agreement (union contract).
Employees who are nonresident aliens and received no earned income from sources within the United States.
Employees who would not have been eligible employees if an acquisition, disposition, or similar transaction had not occurred during the
year.
Compensation.
For purposes of the SIMPLE plan rules, your compensation for a year generally includes the following amounts.
Wages, tips, and other pay from your employer that is subject to income tax withholding.
Deferred amounts elected under any 401(k) plans, 403(b) plans, government (section 457) plans, SEP plans, and SIMPLE plans.
Self-employed individual compensation.
For purposes of the SIMPLE plan rules, if you are self-employed, your compensation for a year is your net earnings from self-employment (Schedule
SE (Form 1040), Section A, line 4, or Section B, line 6) before subtracting any contributions made to a SIMPLE IRA on your behalf.
For these purposes, net earnings from self-employment include services performed while claiming exemption from self-employment tax as a member of a
group conscientiously opposed to social security benefits.
How Are Contributions Made?Contributions:SIMPLE plansSIMPLE IRAs:Contributions
Contributions under a salary reduction agreement are called salary reduction contributions. They are made on your behalf by your employer. Your
employer must also make either matching contributions or nonelective contributions.
Salary reduction contributions.
During the 60-day period before the beginning of any year, and during the 60-day period before you are eligible, you can choose salary reduction
contributions expressed either as a percentage of compensation, or as a specific dollar amount (if your employer offers this choice). You can choose
to cancel the election at any time during the year.
Salary reduction contributions are also referred to as elective deferrals.
Your employer cannot place restrictions on the contributions amount (such as by limiting the contributions percentage), except to comply with the
salary reduction contributions limit, discussed under How Much Can Be Contributed on Your Behalf, later.
Unless your employer chooses to make nonelective contributions, your employer must make contributions equal to the salary reduction contributions
you choose (elect), but only up to certain limits. See How Much Can Be Contributed on Your Behalf, later. These contributions are in
addition to the salary reduction contributions and must be made to the SIMPLE IRAs of all eligible employees (defined earlier) who chose salary
reductions. These contributions are referred to as matching contributions.
Matching contributions on behalf of a self-employed individual are not treated as salary reduction contributions.
Nonelective contributions.
Instead of making matching contributions, your employer may be able to choose to make nonelective contributions on behalf of all eligible
employees. These nonelective contributions must be made on behalf of each eligible employee who has at least $5,000 of compensation from your
employer, whether or not the employee chose salary reductions.
One of the requirements your employer must satisfy is notifying the employees that the election was made. For other requirements that your employer
must satisfy, see Publication 560.
How Much Can Be Contributed on Your Behalf?
The limits on contributions to a SIMPLE IRA vary with the type of contribution that is made.
Salary reduction contributions (employee-chosen contributions or elective deferrals) that your employer can make on your behalf under a SIMPLE plan
are limited to $10,000 for 2005.
If you are a participant in any other employer plans during 2005 and you have elective salary reductions or deferred compensation under those
plans, the salary reduction contributions under the SIMPLE plan also are included in the annual limit of $14,000 for 2005 ($15,000 for 2006) on
exclusions of salary reductions and other elective deferrals.
You, not your employer, are responsible for monitoring compliance with these limits.
Additional elective deferrals can be contributed to your SIMPLE if:
You reached age 50 by the end of 2005, and
No other elective deferrals can be made for you to the plan for the year because of limits or restrictions, such as the regular annual
limit.
The most that can be contributed in additional elective deferrals to your SIMPLE is the lesser of the following two amounts.
$2,000 for 2005 ($2,500 for 2006), or
Your compensation for the year reduced by your other elective deferrals for the year.
The additional deferrals are not subject to any other contribution limit and are not taken into account in applying other contribution limits. The
additional deferrals are not subject to the nondiscrimination rules as long as all eligible participants are allowed to make them.
Matching employer contributions limit.
Generally, your employer must make matching contributions to your SIMPLE IRA in an amount equal to your salary reduction contributions. These
matching contributions cannot be more than 3% of your compensation for the calendar year. See Matching contributions less than 3%, later.
Example 1.
In 2005, Joshua was a participant in his employer's SIMPLE plan. His compensation, before SIMPLE plan contributions, was $41,600 ($800 per week).
Instead of taking it all in cash, Joshua elected to have 12.5% of his weekly pay ($100) contributed to his SIMPLE IRA. For the full year, Joshua's
salary reduction contributions were $5,200, which is less than the $10,000 limit on these contributions.
Under the plan, Joshua's employer was required to make matching contributions to Joshua's SIMPLE IRA. Because his employer's matching contributions
must equal Joshua's salary reductions, but cannot be more than 3% of his compensation (before salary reductions) for the year, his employer's matching
contribution was limited to $1,248 (3% of $41,600).
Example 2.
Assume the same facts as in Example 1, except that Joshua's compensation for the year was $340,136 and he chose to have 2.94% of his
weekly pay contributed to his SIMPLE IRA.
In this example, Joshua's salary reduction contributions for the year (2.94% × $340,136) were equal to the 2005 limit for salary reduction
contributions ($10,000). Because 3% of Joshua's compensation ($10,204) is more than the amount his employer was required to match ($10,000), his
employer's matching contributions were limited to $10,000.
In this example, total contributions made on Joshua's behalf for the year were $20,000, the maximum contributions permitted under a SIMPLE IRA for
2005.
Matching contributions less than 3%.
Your employer can reduce the 3% limit on matching contributions for a calendar year, but only if:
The limit is not reduced below 1%,
The limit is not reduced for more than 2 years out of the 5-year period that ends with (and includes) the year for which the election is
effective, and
Employees are notified of the reduced limit within a reasonable period of time before the 60-day election period during which they can enter
into salary reduction agreements.
For purposes of applying the rule in item (2) in determining whether the limit was reduced below 3% for the year, any year before the first year in
which your employer (or a former employer) maintains a SIMPLE IRA plan will be treated as a year for which the limit was 3%. If your employer chooses
to make nonelective contributions for a year, that year also will be treated as a year for which the limit was 3%.
Nonelective employer contributions limit.
If your employer chooses to make nonelective contributions, instead of matching contributions, to each eligible employee's SIMPLE IRA,
contributions must be 2% of your compensation for the entire year. For 2005, only $210,000 of your compensation can be taken into account to figure
the contribution limit.
Your employer can substitute the 2% nonelective contribution for the matching contribution for a year, if both of the following requirements are
met.
Eligible employees are notified that a 2% nonelective contribution will be made instead of a matching contribution.
This notice is provided within a reasonable period during which employees can enter into salary reduction agreements.
Example 3.Contributions:SIMPLE plansSIMPLE IRAs:Contributions
Assume the same facts as in Example 2, except that Joshua's employer chose to make nonelective contributions instead of matching
contributions. Because his employer's nonelective contributions are limited to 2% of up to $210,000 of Joshua's compensation, his employer's
contribution to Joshua's SIMPLE IRA was limited to $4,200. In this example, total contributions made on Joshua's behalf for the year were $14,200
(Joshua's salary reductions of $10,000 plus his employer's contribution of $4,200).
Traditional IRA mistakenly moved to SIMPLE IRA.SIMPLE IRAs:Traditional IRA mistakenly moved toTraditional IRAs:Mistakenly moved to SIMPLE IRA
If you mistakenly roll over or transfer an amount from a traditional IRA to a SIMPLE IRA, you can later recharacterize the amount as a contribution
to another traditional IRA. For more information, see Recharacterizations in chapter 1.
You cannot recharacterize employer contributions (including elective deferrals) under a SEP or SIMPLE plan as contributions to another IRA. SEPs
are discussed in Publication 560. SIMPLE plans are discussed in this chapter.
Converting from a SIMPLE IRA.Conversions:From SIMPLE IRAsSIMPLE IRAs:Conversion from
Generally, you can convert an amount in your SIMPLE IRA to a Roth IRA under the same rules explained in chapter 1 under Converting From Any
Traditional IRA Into a Roth IRA.
However, you cannot convert any amount distributed from the SIMPLE IRA during the 2-year period beginning on the date you first participated in
any SIMPLE IRA plan maintained by your employer.
When Can You Withdraw
or Use Assets?SIMPLE IRAs:Withdrawing or using assetsWithdrawing or using assets:SIMPLE IRAs
Generally, the same distribution (withdrawal) rules that apply to traditional IRAs apply to SIMPLE IRAs. These rules are discussed in chapter 1.
Your employer cannot restrict you from taking distributions from a SIMPLE IRA.
Are Distributions Taxable?Distributions:SIMPLE IRAsSIMPLE IRAs:Distributions
Generally, distributions from a SIMPLE IRA are fully taxable as ordinary income. If the distribution is an early distribution (discussed in chapter
1), it may be subject to the additional tax on early distributions. See Additional Tax on Early Distributions, later.
If you were affected by Hurricane Katrina, Rita, or Wilma, see Chapter 4, Hurricane-Related Relief.
Rollovers and Transfers ExceptionRollovers:SIMPLE IRAsSIMPLE IRAs:Rollovers
Generally, rollovers and trustee-to-trustee transfers are not taxable distributions.
To qualify as a tax-free rollover (or a tax-free trustee-to-trustee transfer), a rollover distribution (or a transfer) made from a SIMPLE IRA
during the 2-year period beginning on the date on which you first participated in your employer's SIMPLE plan must be contributed (or transferred) to
another SIMPLE IRA. The 2-year period begins on the first day on which contributions made by your employer are deposited in your SIMPLE IRA.
SIMPLE IRAs
After the 2-year period, amounts in a SIMPLE IRA can be rolled over or transferred tax free to an IRA other than a SIMPLE IRA, or to a qualified
plan, a tax-sheltered annuity plan (section 403(b) plan), or deferred compensation plan of a state or local government (section 457 plan).
Additional Tax on Early DistributionsEarly distributions:SIMPLE IRAsSIMPLE IRAs:Early distributionsPenalties:SIMPLE IRAsSIMPLE IRAs:Penalties
The additional tax on early distributions (discussed in chapter 1) applies to SIMPLE IRAs. If a distribution is an early distribution and occurs
during the 2-year period following the date on which you first participated in your employer's SIMPLE plan, the additional tax on early distributions
is increased from 10% to 25%.
If a rollover distribution (or transfer) from a SIMPLE IRA does not satisfy the 2-year rule, and is otherwise an early distribution, the additional
tax imposed because of the early distribution is increased from 10% to 25% of the amount distributed.
Hurricane-Related ReliefHurricane-Related ReliefWhat's New for 2005Hurricane Tax Relief.
Special rules apply to the use of retirement funds (including IRAs) by individuals who suffered an economic loss as a result of Hurricane Katrina,
Rita, or Wilma.
Special rules apply to withdrawals, repayments, and loans from certain retirement plans (including IRAs) for taxpayers who suffered an economic
loss as a result of Hurricane Katrina, Rita, or Wilma.
If you receive a qualified hurricane distribution (defined later), it is taxable, but is not subject to the 10% additional tax on early
distributions. The taxable amount is figured in the same manner as other IRA distributions. However, the distribution is included in income ratably
over 3 years unless you elect to report the entire amount in the year of distribution. You can repay the distribution and not be taxed on the
distribution. See Qualified Hurricane Distributions, later.
If you received a distribution from an IRA to buy, build, or rebuild a first home but did not buy, build, or rebuild the home because of Hurricane
Katrina, Rita, or Wilma, you may be able to repay the distribution and not pay income tax or the 10% additional tax on early distributions. See
Repayment of a Qualified Distribution for the Purchase or Construction of a Main Home.
Form 8915, Qualified Hurricane Retirement Plan Distributions and Repayments, is used to report qualified hurricane distributions and repayments.
Also report qualified distributions for home purchases and construction that were cancelled because of Hurricane Katrina, Rita, or Wilma on Form 8915.
For information on other tax provisions related to these hurricanes, see Publication 4492, Information for Taxpayers Affected by Hurricanes
Katrina, Rita, and Wilma.
If you receive a qualified hurricane distribution, you must include it in your income in equal amounts over 3 years. For example, if you received a
$60,000 qualified hurricane distribution in 2005, you would include $20,000 in your income in 2005, 2006, and 2007. However, you can elect to include
the entire distribution in your income in the year it was received.
A qualified hurricane distribution is any distribution you received from an eligible retirement plan (including IRAs) if all of the following
conditions apply.
The distribution was made:
After August 24, 2005, and before January 1, 2007, for Hurricane Katrina.
After September 22, 2005, and before January 1, 2007, for Hurricane Rita.
After October 22, 2005, and before January 1, 2007, for Hurricane Wilma.
Your main home was located in a qualified hurricane disaster area listed below on the date shown for that area.
August 28, 2005, for the Hurricane Katrina disaster area. For this purpose, the Hurricane Katrina disaster area includes the states of
Alabama, Florida, Louisiana, and Mississippi.
September 23, 2005, for the Hurricane Rita disaster area. For this purpose, the Hurricane Rita disaster area includes the states of
Louisiana and Texas.
October 23, 2005, for the Hurricane Wilma disaster area. For this purpose, the Hurricane Wilma disaster area includes the state of
Florida.
You sustained an economic loss because of Hurricane Katrina, Rita, or Wilma and your main home was in that hurricane disaster area on the
date shown in item (2) for that hurricane. Examples of an economic loss include, but are not limited to (a) loss, damage to, or destruction of real or
personal property from fire, flooding, looting, vandalism, theft, wind, or other cause; (b) loss related to displacement from your home; or (c) loss
of livelihood due to temporary or permanent layoffs.
If you meet all these conditions, you can generally designate any distribution (including periodic payments and required minimum distributions)
from an eligible retirement plan as a qualified hurricane distribution, regardless of whether the distribution was made on account of Hurricane
Katrina, Rita, or Wilma. Qualified hurricane distributions are permitted without regard to your need or the actual amount of your economic loss.
Distribution limit.
The total of your qualified hurricane distributions from all plans is limited to $100,000. If you have distributions in excess of $100,000 from
more than one type of plan, such as a 401(k) plan and an IRA, you may allocate the $100,000 limit among the plans, any way you choose.
Example.
In 2005, you received a distribution of $50,000. In 2006, you receive a distribution of $125,000. Both distributions meet the requirements for a
qualified hurricane distribution. If you decide to treat the entire $50,000 received in 2005 as a qualified hurricane distribution, only $50,000 of
the 2006 distribution could be treated as a qualified hurricane distribution.
Main home.
Generally, your main home is the home where you live most of the time. A temporary absence due to special circumstances, such as illness,
education, business, military service, evacuation, or vacation will not change your main home.
Eligible retirement plan.
An eligible retirement plan can be any of the following.
A qualified pension, profit-sharing, or stock bonus plan (including a 401(k) plan).
A qualified annuity plan.
A tax-sheltered annuity contract.
A governmental section 457 deferred compensation plan.
A traditional, SEP, SIMPLE, or Roth IRA.
Additional 10% tax
Qualified hurricane distributions are not subject to the 10% additional tax (including the 25% additional tax for certain distributions from SIMPLE
IRAs) on early distributions from qualified retirement plans (including IRAs). However, any distributions you received in excess of the $100,000
qualified hurricane distribution limit may be subject to the additional tax on early distributions.
Repayment of Qualified Hurricane DistributionsHurricane-Related ReliefRepayment of qualified hurricane distributions
Most qualified hurricane distributions are eligible for repayment to an eligible retirement plan. Payments received as a beneficiary (other than a
surviving spouse), periodic payments (other than from IRAs), and required minimum distributions are not eligible for repayment. Periodic payments, for
this purpose, are payments that are for (a) a period of 10 years or more, (b) your life or life expectancy, or (c) the joint lives or joint life
expectancies of you and your beneficiary. For distributions eligible for repayment, you have 3 years from the day after the date you received the
distribution to repay all or part to any plan, annuity, or IRA to which a rollover can be made. Within the time allowed, you may make as many
repayments as you choose. The total amount repaid cannot be more than the amount of your qualified hurricane distributions. Amounts repaid are treated
as a qualified rollover and are not included in income. The way you report repayments depends on whether you reported the distributions under the
3-year method, or you elected to report the distributions in the year of distribution.
Repayment of distributions if reporting under the 1-year election.
If you elect to include all of your qualified hurricane distributions received in a year in income for that year and then repay any portion of the
distributions during the allowable 3-year period, the amount repaid will reduce the amount included in income for the year of distribution. If the
repayment is made after the due date (including extensions) for your return for the year of distribution, you will need to file a revised Form 8915
with an amended return. See Amending Your Return, later.
Example.
Maria received a $45,000 qualified hurricane distribution on November 1, 2005. After receiving reimbursement from her insurance company for a
casualty loss, Maria repays $45,000 to an IRA on March 31, 2006. She reports the distribution and the repayment on Form 8915, which she files with her
timely filed 2005 tax return. As a result, no portion of the distribution is included in income on her return.
Repayment of distributions if reporting under the 3-year method.
If you are reporting the distribution in income over the 3-year period and you repay any portion of the distribution to an eligible retirement plan
before filing your 2005 tax return by the due date (including extensions) for that return, the repayment will reduce the portion of the distribution
that is included in income in 2005. If you repay a portion after the due date (including extensions) for filing your 2005 return, the repayment will
reduce the portion of your distribution that is includible on your 2006 return. If, during a year in the 3-year period, you repay more than is
otherwise includible in income for that year, the excess may be carried forward or (after 2005) back to reduce the amount included in income for that
year.
Example.
John received a $90,000 qualified hurricane distribution from his pension plan on November 15, 2005. He does not elect to include the entire
distribution in his 2005 income. Without any repayments, he would include $30,000 of the distribution in income on each of his 2005, 2006, and 2007
returns. On November 10, 2006, John repays $45,000 to an IRA. He makes no other repayments during the allowable 3-year period. John may report the
distribution and repayment in either of the following ways.
Report $0 in income on his 2006 return, and carry the $15,000 excess repayment ($45,000 - $30,000) forward to 2007 and reduce the amount
reported in that year to $15,000, or
Report $0 in income on his 2006 return, report $30,000 on his 2007 return, and file an amended return for 2005 to reduce the amount
previously included in income to $15,000 ($30,000 - $15,000).
Amending Your ReturnHurricane-Related ReliefAmending your return
If, after filing your original return, you make a repayment, the repayment may reduce the amount of your qualified hurricane distributions that
were previously included in income. Depending on when a repayment is made, you may need to file an amended tax return to refigure your taxable income.
If you make a repayment by the due date of your original return (including extensions), include the repayment on your amended return.
If you make a repayment after the due date of your original return (including extensions), include it on your amended return only if either of the
following apply.
You elected to include all of your qualified hurricane distributions in income in the year of the distributions (not over 3 years) on your
original return.
The amount of the repayment exceeds the portion of the qualified hurricane distributions that are includible in income for 2006 and you
choose to carry the excess back to your 2005 tax return.
Example.
You received a qualified hurricane distribution in the amount of $90,000 on October 15, 2005. You choose to spread the $90,000 over 3 years
($30,000 in income for 2005, 2006, and 2007). On November 19, 2006, you make a repayment of $45,000. For 2006, none of the qualified hurricane
distribution is includible in income. The excess repayment of $15,000 can be carried back to 2005. Also, rather than carry the excess repayment back
to 2005, you can carry it forward to 2007.
File Form 1040X, Amended U.S. Individual Income Tax Return, to amend a return you have already filed. Generally, Form 1040X must be filed within 3
years after the date the original return was filed, or within 2 years after the date the tax was paid, whichever is later.
Repayment of a Qualified Distribution for the Purchase or Construction of a Main HomeHurricane-Related ReliefRepayment of a Qualified Distribution for the Purchase or Construction of a Main Home
If you received a distribution to purchase or construct a main home in the Hurricane Katrina, Rita, or Wilma disaster area, but that home was not
purchased or constructed because of Hurricane Katrina, Rita, or Wilma, you can repay that distribution if all of the following apply.
The distribution was received after February 28, 2005, and before:
August 29, 2005, for Hurricane Katrina,
September 24, 2005, for Hurricane Rita, or
October 24, 2005, for Hurricane Wilma.
The distribution was one of the following.
A hardship distribution from a 401(k) plan or a tax-sheltered annuity contract.
A qualified first-time homebuyer distribution from an IRA.
The distribution is repaid to an eligible retirement plan after August 24, 2005 (Hurricane Katrina); after September 22, 2005 (Hurricane
Rita); or October 22, 2005 (Hurricane Wilma); and before March 1, 2006.
For this purpose, an eligible retirement plan is any plan, annuity, or IRA to which a qualified rollover can be made. A repayment to an IRA is not
considered a qualified rollover for purposes of the one-rollover-per-year limitation for IRAs.
A qualified distribution (or any portion thereof) not repaid before March 1, 2006, may be taxable for 2005 and subject to the 10% additional tax on
early distributions.
You may be able to designate a qualified distribution as a qualified hurricane distribution, subject to the rules discussed earlier, if all of the
following apply.
You received the distribution:
After August 24, 2005, and before August 29, 2005, for Hurricane Katrina;
On September 23, 2005, for Hurricane Rita;
On October 23, 2005, for Hurricane Wilma.
The distribution (or any portion thereof) is not repaid before March 1, 2006.
The distribution can otherwise be treated as a qualified hurricane distribution.
You may be able to take a tax credit if you make eligible contributions (defined later) to a qualified retirement plan, an eligible deferred
compensation plan, or an individual retirement arrangement (IRA). You may be able to take a credit of up to $1,000 (up to $2,000 if filing jointly).
This credit could reduce the federal income tax you pay dollar for dollar.
Can you claim the credit?
If you make eligible contributions to a qualified retirement plan, an eligible deferred compensation plan, or an IRA, you can claim the credit if
all of the following apply.
You were born before January 2, 1988.
You are not a full-time student (explained later).
No one else, such as your parent(s), claims an exemption for you on their tax return.
Your adjusted gross income (defined later) is not more than:
$50,000 if your filing status is married filing jointly,
$37,500 if your filing status is head of household (with qualifying person), or
$25,000 if your filing status is single, married filing separately, or qualifying widow(er) with dependent child.
You are a full-time student if, during some part of each of 5 calendar months (not necessarily consecutive) during the calendar year, you are
either:
A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance,
or
A student taking a full-time, on-farm training course given by either a school that has a regular teaching staff, course of study, and
regularly enrolled body of students in attendance, or a state, county, or local government.
You are a full-time student if you are enrolled for the number of hours or courses the school considers to be full time.
Adjusted gross income.Adjusted gross income (AGI):Retirement savings contributions credit
This is generally the amount on line 38 of your 2005 Form 1040 or line 22 of your 2005 Form 1040A. However, you must add to that amount any
exclusion or deduction claimed for the year for:
Foreign earned income,
Foreign housing costs,
Income for bona fide residents of American Samoa, and
Salary reduction contributions (elective deferrals) to:
A 401(k) plan (including a SIMPLE 401(k)),
A section 403(b) annuity,
An eligible deferred compensation plan of a state or local government (a governmental 457 plan),
A SIMPLE IRA plan, or
A salary reduction SEP, and
Contributions to a section 501(c)(18) plan.
They also include voluntary after-tax employee contributions to a tax-qualified retirement plan or section 403(b) annuity. For purposes of the
credit, an employee contribution will be voluntary as long as it is not required as a condition of employment.
Reducing eligible contributions.
Reduce your eligible contributions (but not below zero) by the total distributions you received during the testing period (defined later) from any
IRA, plan, or annuity included above under Eligible contributions. Also reduce your eligible contributions by any distribution from a Roth
IRA that is not rolled over, even if the distribution is not taxable.
Do not reduce your eligible contributions by any of the following.
The portion of any distribution which is not includible in income because it is a trustee-to-trustee transfer or a rollover
distribution.
Any distribution that is a return of a contribution to an IRA (including a Roth IRA) made during the year for which you claim the credit
if:
The distribution is made before the due date (including extensions) of your tax return for that year,
You do not take a deduction for the contribution, and
The distribution includes any income attributable to the contribution.
Loans from a qualified employer plan treated as a distribution.
Distributions of excess contributions or deferrals (and income attributable to excess contributions and deferrals).
Distributions of dividends paid on stock held by an employee stock ownership plan under section 404(k).
Distributions from an IRA that are converted to a Roth IRA.
Distributions received by spouse.
Any distributions your spouse receives are treated as received by you if you file a joint return with your spouse both for the year of the
distribution and for the year for which you claim the credit.
Testing period.
The testing period consists of the year for which you claim the credit, the period after the end of that year and before the due date (including
extensions) for filing your return for that year, and the 2 tax years before that year.
Example.
You and your spouse filed joint returns in 2003 and 2004, and plan to do so in 2005 and 2006. You received a taxable distribution from a qualified
plan in 2003 and a taxable distribution from an eligible deferred compensation plan in 2004. Your spouse received taxable distributions from a Roth
IRA in 2005 and tax-free distributions from a Roth IRA in 2006 before April 15. You made eligible contributions to an IRA in 2005 and you otherwise
qualify for this credit. You must reduce the amount of your qualifying contributions in 2005 by the total of the distributions you received in 2003,
2004, 2005, and 2006.
Maximum eligible contributions.
After your contributions are reduced, the maximum annual contribution on which you can base the credit is $2,000 per person.
Effect on other credits.
The amount of this credit will not change the amount of your refundable tax credits. A refundable tax credit, such as the earned income credit or
the refundable amount of your child tax credit, is an amount that you would receive as a refund even if you did not otherwise owe any taxes.
Maximum credit.
This is a nonrefundable credit. The amount of the credit in any year cannot be more than the amount of tax that you would otherwise pay (not
counting any refundable credits or the adoption credit) in any year. If your tax liability is reduced to zero because of other nonrefundable credits,
such as the Hope credit, then you will not be entitled to this credit.
How to figure and report the credit.Form 8880
The amount of the credit you can get is based on the contributions you make and your credit rate. Your credit rate can be as low as 10% or as high
as 50%. Your credit rate depends on your income and your filing status. See Form 8880 to determine your credit rate.
The maximum contribution taken into account is $2,000 per person. On a joint return, up to $2,000 is taken into account for each spouse.
Figure the credit on Form 8880. Report the credit on line 51 of your Form 1040 or line 32 of your Form 1040A and attach Form 8880 to your return.
How To Get Tax HelpMore informationTax helpFree tax servicesTax helpHelpTax helpAssistanceTax helpPublicationsTax helpTTY/TDD information
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several
ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
Contacting your Taxpayer Advocate.Taxpayer Advocate
If you have attempted to deal with an IRS problem unsuccessfully, you should contact your Taxpayer Advocate.
The Taxpayer Advocate independently represents your interests and concerns within the IRS by protecting your rights and resolving problems that
have not been fixed through normal channels. While Taxpayer Advocates cannot change the tax law or make a technical tax decision, they can clear up
problems that resulted from previous contacts and ensure that your case is given a complete and impartial review.
To contact your Taxpayer Advocate:
Call the Taxpayer Advocate toll free at
1-877-777-4778.
Call, write, or fax the Taxpayer Advocate office in your area.
For more information, see Publication 1546, How To Get Help With Unresolved Tax Problems (now available in Chinese, Korean, Russian, and
Vietnamese, in addition to English and Spanish).
Free tax services.
To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. It contains a list of free tax publications and an
index of tax topics. It also describes other free tax information services, including tax education and assistance programs and a list of TeleTax
topics.
Internet. You can access the IRS website 24 hours a day, 7 days a week, at
www.irs.gov to:
E-file your return. Find out about commercial tax preparation and e-file services available free to eligible
taxpayers.
Check the status of your 2005 refund. Click on Where's My Refund. Be sure to wait at least 6 weeks from the date you filed your
return (3 weeks if you filed electronically). Have your 2005 tax return available because you will need to know your social security number, your
filing status, and the exact whole dollar amount of your refund.
Download forms, instructions, and publications.
Order IRS products online.
Research your tax questions online.
Search publications online by topic or keyword.
View Internal Revenue Bulletins (IRBs) published in the last few years.
Figure your withholding allowances using our Form W-4 calculator.
Sign up to receive local and national tax news by email.
Get information on starting and operating a small business.
Phone. Many services are available by phone.
Ordering forms, instructions, and publications. Call 1-800-829-3676 to order current-year forms, instructions, and publications
and prior-year forms and instructions. You should receive your order within 10 days.
Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An
employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance Center
for an appointment. To find the number, go to
www.irs.gov/localcontacts or
look in the phone book under United States Government, Internal Revenue Service.
TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and
publications.
TeleTax topics. Call 1-800-829-4477 and press 2 to listen to pre-recorded messages covering various tax topics.
Refund information. If you would like to check the status of your 2005 refund, call 1-800-829-4477 and press 1 for automated
refund information or call 1-800-829-1954. Be sure to wait at least 6 weeks from the date you filed your return (3 weeks if you filed electronically).
Have your 2005 tax return available because you will need to know your social security number, your filing status, and the exact whole dollar amount
of your refund.
Evaluating the quality of our telephone services. To ensure that IRS representatives give accurate, courteous, and professional answers,
we use several methods to evaluate the quality of our telephone services. One method is for a second IRS representative to sometimes listen in on or
record telephone calls. Another is to ask some callers to complete a short survey at the end of the call.
Walk-in. Many products and services are available on a walk-in basis.
Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and
publications. Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions, and office supply stores
have a collection of products available to print from a CD-ROM or photocopy from reproducible proofs. Also, some IRS offices and libraries have the
Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
Services. You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. An
employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. If you need to resolve a tax problem,
have questions about how the tax law applies to your individual tax return, or you're more comfortable talking with someone in person, visit your
local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. No appointment is necessary,
but if you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue. A representative will
call you back within 2 business days to schedule an in-person appointment at your convenience. To find the number, go to
www.irs.gov/localcontacts or
look in the phone book under United States Government, Internal Revenue Service.
Mail. You can send your order for forms, instructions, and publications to the address below and receive a response within 10 business
days after your request is received.
National Distribution Center
P.O. Box 8903
Bloomington, IL 61702-8903
CD-ROM for tax products. You can order Publication 1796, IRS Tax Products CD-ROM, and obtain:
A CD that is released twice so you have the latest products. The first release ships in late December and the final release ships in late
February.
Current-year forms, instructions, and publications.
Prior-year forms, instructions, and publications.
Tax Map: an electronic research tool and finding aid.
Tax law frequently asked questions (FAQs).
Tax Topics from the IRS telephone response system.
Fill-in, print, and save features for most tax forms.
Internal Revenue Bulletins.
Toll-free and email technical support.
Buy the CD-ROM from National Technical Information Service (NTIS) at
www.irs.gov/cdorders for $25 (no handling fee) or call 1-877-233-6767 toll free to buy the CD-ROM for $25 (plus a $5 handling fee).
CD-ROM for small businesses. Publication 3207, The Small Business Resource Guide CD-ROM for 2005, has a new look and enhanced navigation
features. This year's CD includes:
Helpful information, such as how to prepare a business plan, find financing for your business, and much more.
All the business tax forms, instructions, and publications needed to successfully manage a business.
Tax law changes for 2005.
IRS Tax Map to help you find forms, instructions, and publications by searching on a keyword or topic.
Web links to various government agencies, business associations, and IRS organizations.
Rate the Product survey—your opportunity to suggest changes for future editions.
An updated version of this CD is available each year in early April. You can get a free copy by calling 1-800-829-3676 or by visiting
www.irs.gov/smallbiz.
Appendices
To help you complete your tax return, use the following appendices that include worksheets, sample forms, and tables.
Appendix A — Summary Record of Traditional IRA(s) for 2005 and Worksheet for Determining Required Minimum
Distributions.
Appendix B — Worksheets you use if you receive social security benefits and are subject to the IRA deduction phaseout
rules. A filled-in example is included.
Worksheet 1, Computation of Modified AGI.
Worksheet 2, Computation of Traditional IRA Deduction for 2005.
Worksheet 3, Computation of Taxable Social Security Benefits.
Comprehensive Example and completed worksheets.
Appendix C — Life Expectancy Tables. These tables are included to assist you in computing your required minimum
distribution amount if you have not taken all your assets from all your traditional IRAs before age 70.
Table I (Single Life Expectancy).
Table II (Joint Life and Last Survivor Expectancy).
Table III (Uniform Lifetime).
Life expectancy:Tables (Appendix C)Tables:Life expectancy (Appendix C)
APPENDIX A. Summary Record of Traditional IRA(s) for 2005 <ROM>(Keep for Your Records)</ROM>Recordkeeping requirements:Summary record of traditional IRAs for 2005 (Appendix A)Traditional IRAs:Summary record for 2005 (Appendix A)Name ______________________________________I was □ covered □ not covered by my employer's retirement plan during the year.I became 59 on ______________________________________(month) (day) (year)I became 70 on ______________________________________(month) (day) (year)ContributionsName of traditional IRADateAmount contributed for 2005Check if rollover contribution Fair Market Value of IRA as of December 31, 2005, from Form
54981.2.3.4.5.6.7.8.TotalTotal contributions deducted on tax return $Total contributions treated as nondeductible on Form 8606$DistributionsName of traditional IRADateAmount of DistributionReason (for example, retirement, rollover, conversion, withdrawal
of excess contributions)Income earned on IRATaxable amount reported on income tax returnNontaxable amount from Form 8606, line 131.2.3.4.5.6.7.8.TotalBasis of all traditional IRAs for 2005 and earlier years (from Form 8606, line 14) $Note.You should keep copies of your income tax
return, and Forms W-2, 8606, and 5498.
Appendix A. (Continued)
<IMARK> Worksheet for Determining Required Minimum Distributions
<L><ROM>(Keep for Your Records)</ROM>1. Age70717273742. Year age was reached3. Value of IRA at the close of business on
December 31 of the year immediately prior to the
year on line 2
14. Distribution period from Table III or life expectancy
from Life Expectancy Table I or Table II
25. Required distribution (divide line 3 by line 4)
31. Age75767778792. Year age was reached3. Value of IRA at the close of business on
December 31 of the year immediately prior to the
year on line 2
14. Distribution period from Table III or life expectancy
from Life Expectancy Table I or Table II
25. Required distribution (divide line 3 by line 4)
31. Age80818283842. Year age was reached3. Value of IRA at the close of business on
December 31 of the year immediately prior to the
year on line 2
14. Distribution period from Table III or life expectancy
from Life Expectancy Table I or Table II
25. Required distribution (divide line 3 by line 4)
31. Age85868788892. Year age was reached3. Value of IRA at the close of business on
December 31 of the year immediately prior to the
year on line 2
14. Distribution period from Table III or life expectancy
from Life Expectancy Table I or Table II
25. Required distribution (divide line 3 by line 4)
31If you have more than one IRA, you must figure the required distribution separately for each IRA.2Use the appropriate life expectancy or distribution period for each year and for each IRA.3If you have more than one IRA, you must withdraw an amount equal to the total of the required distributions figured for each IRA. You can,
however, withdraw the total from one IRA or from more than one IRA.
APPENDIX B. Worksheets for Social Security Recipients Who Contribute to a Traditional IRASocial Security recipients:Contributions to traditional IRAs, worksheet (Appendix B)Traditional IRAs:Social Security recipientsWorksheets:Social Security recipients who contribute to traditional IRAs (Appendix B)If you receive social security benefits, have taxable compensation, contribute to your traditional IRA,
and you or your spouse is covered by an employer retirement plan, complete the following worksheets. (See Are You Covered by an Employer
Plan? in chapter 1.)
Use Worksheet 1 to figure your modified adjusted gross income. This amount is needed in the computation of your IRA deduction, if any, which is
figured using Worksheet 2.
The IRA deduction figured using Worksheet 2 is entered on your tax return.Worksheet 1Computation of Modified AGI(For use only by taxpayers who receive social security benefits)Filing Status — Check only one box:
□ A. Married filing jointly
□ B. Single, Head of Household, Qualifying Widow(er), or Married filing separately and lived apart from your
spouse during the entire year □ C. Married filing separately and lived with your spouse at any time during the year1.Adjusted gross income (AGI) from Form 1040 or Form 1040A (not taking into account any social security
benefits from Form SSA-1099 or RRB-1099, any deduction for contributions to a traditional IRA, any student loan interest deduction, any tuition and
fees deduction, any domestic production activities deduction, or any exclusion of interest from savings bonds to be reported on Form 8815)1. 2.Enter the amount in box 5 of all Forms SSA-1099 and Forms RRB-10992.3.Enter one-half of line 2 3. 4.Enter the amount of any foreign earned income exclusion, foreign housing exclusion, U.S. possessions
income exclusion, exclusion of income from Puerto Rico you claimed as a bona fide resident of Puerto Rico, or exclusion of employer-provided adoption
benefits 4. 5.Enter the amount of any tax-exempt interest reported on line 8b of Form 1040 or 1040A5. 6.Add lines 1, 3, 4, and 5 6.7.Enter the amount listed below for your filing status.
$32,000 if you checked box A above.
$25,000 if you checked box B above.
$0 if you checked box C above.
7.8.Subtract line 7 from line 6. If zero or less, enter 0 on this line 8.9.If line 8 is zero, stop here. None of your social security benefits are taxable.
If line 8 is more than 0, enter the amount listed below for your filing status.
$12,000 if you checked box A above.
$9,000 if you checked box B above.
$0 if you checked box C above
9.10.Subtract line 9 from line 8. If zero or less, enter 0 10.11.Enter the smaller of line 8 or line 9 11.12.Enter one-half of line 11 12.13.Enter the smaller of line 3 or line 12 13.14.Multiply line 10 by .85. If line 10 is zero, enter 0 14.15.Add lines 13 and 14 15.16.Multiply line 2 by .85 16.17.Taxable benefits to be included in modified AGI for traditional IRA deduction
purposes.
Enter the smaller of line 15 or line 16 17.18.Enter the amount of any employer-provided adoption benefits exclusion and any foreign
earned income exclusion and foreign housing exclusion or deduction that you claimed 18.19.Modified AGI for determining your reduced traditional IRA deduction – add
lines 1, 17, and 18. Enter here and on line 2 of Worksheet 2, next 19.
APPENDIX B. (Continued)Worksheet 2Computation of Traditional IRA Deduction For 2005(For use only by taxpayers who receive social security benefits)
IF your filing status
is ...AND your modified AGI
is over ...THEN enter
on line 1
below ...married filing jointly AND •you are covered by a retirement plan at work, or$70,000*$80,000•you are not covered by an employer plan but your spouse is$150,000*$160,000single, or head of household$50,000*$60,000married filing separately**$0*$10,000qualifying widow(er)$70,000*$80,000*If your modified AGI is
not over this amount, you can take an IRA deduction for your contributions of up to the lesser of $4,000 ($4,500 if you are 50 or older) or
your taxable compensation. Skip this worksheet, proceed to Worksheet 3, and enter your IRA deduction on line 2 of Worksheet 3.
**If you did
not live with your spouse
at any time during the year, consider your filing status as single.
Note: If you were married and you or your spouse worked and you both contributed to IRAs, figure the deduction for each of you
separately.1. Enter the applicable amount from above 1. 2. Enter your modified AGI from Worksheet 1, line 19 2. Note: If line 2 is equal to or more than the amount on line 1, stop
here; your traditional IRA
contributions are not deductible. Proceed to Worksheet 3.3. Subtract line 2 from line 13. 4. Multiply line 3 by 40% (.40) (by 45% (.45) if you are age 50 or older). If the result is not a multiple
of $10, round it to the next highest multiple of $10. (For example, $611.40 is rounded to $620.) However, if the result is less than $200, enter
$200.4. 5.Enter your compensation minus any deductions on Form 1040, line 27 (one-half of self-employment tax) and
line 28 (self-employed SEP, SIMPLE, and qualified plans). (If you are the lower-income spouse, include your spouse's compensation reduced by his or
her traditional IRA and Roth IRA contributions for this year.)5. 6.Enter contributions you made, or plan to make, to your traditional IRA for 2005, but do not enter more
than $4,000 ($4,500 if you are age 50 or older)6. 7.Deduction. Compare lines 4, 5, and 6. Enter the smallest amount here (or a smaller amount if
you choose). Enter this amount on the Form 1040 or 1040A line for your IRA. (If the amount on line 6 is more than the amount on line 7, complete line
8.)7. 8.Nondeductible contributions. Subtract line 7 from line 5 or 6, whichever is smaller. Enter the
result here and on line 1 of your Form 8606, Nondeductible IRAs.8.
APPENDIX B. (Continued)Worksheet 3Computation of Taxable Social Security Benefits(For use by taxpayers who receive social security benefits and take a traditional IRA
deduction)Filing Status — Check only one box:□ A. Married filing jointly□ B. Single, Head of Household, Qualifying Widow(er), or Married filing separately
and lived apart from your spouse during the entire year□ C. Married filing separately and lived with your spouse at any
time during the
year1.Adjusted gross income (AGI) from Form 1040 or Form 1040A (not taking into account any IRA deduction, any
student loan interest deduction, any tuition and fees deduction, any domestic production activities deduction, any social security benefits from Form
SSA-1099 or RRB-1099, or any exclusion of interest from savings bonds to be reported on Form 8815)1. 2.Deduction(s) from line 7 of Worksheet(s) 22. 3.Subtract line 2 from line 1 3. 4.Enter amount in box 5 of all Forms SSA-1099 and Forms RRB-10994. 5.Enter one-half of line 45. 6.Enter the amount of any foreign earned income exclusion, foreign housing exclusion, exclusion of income
from U.S. possessions, exclusion of income from Puerto Rico you claimed as a bona fide resident of Puerto Rico, or exclusion of employer-provided
adoption benefits 6. 7.Enter the amount of any tax-exempt interest reported on line 8b of Form 1040 or 1040A 7. 8.Add lines 3, 5, 6, and 7 8. 9.Enter the amount listed below for your filing status.
$32,000 if you checked box A above.
$25,000 if you checked box B above.
$0 if you checked box C above.
9. 10.Subtract line 9 from line 8. If zero or less, enter 0 on this line.10. 11.If line 10 is zero, stop here. None of your social security benefits are taxable.
If line 10 is more than 0, enter the amount listed below for your filing status.
$12,000 if you checked box A above.
$9,000 if you checked box B above.
$0 if you checked box C above.
11. 12.Subtract line 11 from line 10. If zero or less, enter 0 12. 13.Enter the smaller of line 10 or line 11 13. 14.Enter one-half of line 13 14. 15.Enter the smaller of line 5 or line 14 15. 16.Multiply line 12 by .85. If line 12 is zero, enter 016. 17.Add lines 15 and 16 17. 18.Multiply line 4 by .8518. 19.Taxable social security benefits. Enter the smaller of line 17 or line 18 19.
APPENDIX B. (Continued)Comprehensive ExampleDetermining Your Traditional IRA Deduction and the Taxable Portion of Your Social Security Benefits John Black is married and files a joint return. He is 65 years old and had 2005 wages of
$63,500. His wife did not work in 2005. He also received social security benefits of $10,000 and made a $4,500 contribution to his traditional IRA for
the year. He had no foreign income, no tax-exempt interest, and no adjustments to income on lines 23 through 36 on his Form 1040. He participated in a
section 401(k) retirement plan at work.
John completes worksheets 1 and 2. Worksheet 2 shows that his 2005 IRA deduction is $3,600. He must either withdraw the contributions
that are more than the deduction (the $900 shown on line 8 of Worksheet 2), or treat the excess amounts as nondeductible contributions (in whic
