Distribution Rules and Taxation Flashcards
What are the different types of distrbituions for retirement plans?
- Annuitized distribtuions
- Forced payout
- Rollovers (direct or indirect)
- Conversions
- QDRO
- Lump-sum
- Substantially equal periodic payments
What are the additional distributions options for QUALIFIED PLANS ONLY?
- Must be from a qualified plan AND
- Must be a LUMP SUM distribution
- Includes tax preferential treatment:
- 10-year forward averaging
- Pre-1974 capital gains treatment
- NUA treatment
Annuitized Distribuitons - What is this
- Payments from the participant’s retirement accounts are annuitized and distributed thorugh a series of payments over a specified period of time
- Distribuiton can be fixed OR variable, depending on type of annuity
- Pension plans MUST OFFER QJSA
- Many profit sharing plans also offer annuity options
Annuitized Distribuiton Stategy - Advantages
- Particiapnts know exactly how much and when they are receving payemnts
- QJSA lets spouses or bene’s to continue to receive payments after death of retiree
- QPSA provides benefits to spouses if annuitant dies BEFORE normal retirement age
- Although, FULL VALUE of distribution may be subject to ordinary income tax AND estate taxes
- Reduces longevity risk as payments can continue for as long as the participant lives
Annuitized Distribuiton Stategy - Disadvantages
- Gives up control of cash flow stream to annuity issuer and cannot make discretionary withdrawals without penalties
- Payout may not mitigate risk of inflation over longer periods of time
- When annuitant, or both annuitiant and bene die, payments stop
- Which leaves no bequest at death
Forced Payout Strategy
- When a participant with a pension plan termaintes employement BEFORE normal retirement age, they have the option to leave assets in the plan, roll over to an IRA, or to take a lump-sum distribuiton
- If indivdiuals have less than $5,000 in the plan, the plan may distribute the balance to the participant (forced payout)
- If the forced payout is between $1,000 and $5,000, particpant MUST directly roll it over to an IRA
Rollover strategy - Eligilbity requirements of retirement plan rollovers
- All PRETAX contributions can be rolled over into an IRA or another retirement plan
- Can transfer some or all of the rolled-over IRA money to another employer-sponsored plan
- RMDs CANNOT be rolled over into an IRA
- Many qualified plans do NOT accept rollovers into their plans
- Thrift Savings Plans (made up of after-tax contributions) can be rolled over into an IRA
- However, these amounts CANNOT be rolloed back out of the IRA into a different retirement plan
- When qualified money is rolled over into a IRA, lose prefential tax treatment (10-year forward averaging, NUA, and pre 1974 capital gains)
What are direct rollovers?
Trustee-to-trusee rollovers
No need for employee to receive money first and then invest
Indirect rollovers strategy
- Have 60 days to transfer money to a new tax-advantaged account
- Employers are REQUIRED to withhold 20% for taxes
- Individuals MUST reinvest the FULL original account balance, INCLUDING the 20% withheld for taxes back into a tax-advantaged account before the 60 days are up
- 20% withheld by employer IS REFUNDED when:
- Individual files their taxes
Indirect rollovers strategy - disadvantages
- Individual may not have sufficient assets to pay the additional 20% of taxes back into the tax-advantaged account before the end of the 60 days
- Loses out on potential returns that the money could have generated if 20% of the rollover was not withheld by employer
IRA - IRA Rollover
- Indirect rollovers from IRA - IRA are NOT subject to the 20% withholding
- 60 days to transfer into a new IRA
- ONE indirect IRA to IRA rollover is permissable every 12 months
- Does NOT apply to direct rollover
What is considered a lump-sum distribuiton?
- A COMPLETE withdrawal of assets from a retiremetn account in one taxable year
In order to qualify for special tax treatment, a lump-sum distribuiton from a retirment plan must meet what criteria?
- Must be from a qualified plan
- Distribution must be the ENTIRE accrued benefit from a pension plan OR the ENTIRE account balance from profit sharing plan
- Distribuiton must be made either at:
- Participant’s death
- Age 59.5,
- Separation from service OR
- Disability
- Employee must have particpated in the plan FIVE YEARS PRIOR from the tax year in which the distribution was made
- Taxpayer MUST ELECT the lump-sum distribution treament on TAX RETURN
When can a lump-sum distribution not be subjec to ordinary income taxes?
- If there are after-tax distributions made to the account OR
- If the distribution meets the guidelines for one of the following:
- Pre-1974 capital gains treatment
- 10-year forward averaging
- NUA
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NUA treatment guidelines
- Requires employer stock within the account
- Works well with employees that have LARGE GAINS on their employer stock
- Lump-sum distributions of the entire account allow for more favorable capital gains treament on the employer securities portion of the account
- The nonemployer securities portion is still taxed at ordinary income rates
- Entire account MUST be distributed, not just the employer securities
- Employee can DEFER realizing gain on the employer securities until a later date, when the employer securities are sold