Publication 590 (2010), Individual Retirement Arrangements (IRAs)

For use in preparing 2010 Returns

Table of Contents

- Publication 590 - Introductory Material

- What's New for 2010

- What's New for 2011

- Reminders

- Introduction

- Ordering forms and publications.

- Tax questions.

- Useful Items - You may want to see:

- 1.   Traditional IRAs

- What's New for 2010

- What's New for 2011

- Introduction

- Who Can Open a Traditional IRA?

- What Is Compensation?

- When Can a Traditional IRA Be Opened?

- How Can a Traditional IRA Be Opened?

- Individual Retirement Account

- Individual Retirement Annuity

- Individual Retirement Bonds

- Simplified Employee Pension (SEP)

- Employer and Employee Association Trust Accounts

- Required Disclosures

- How Much Can Be Contributed?

- Limit.

- When repayment contributions can be made.

- No deduction.

- Reserve component.

- Figuring your IRA deduction.

- Reporting the repayment.

- Example.

- General Limit

- Spousal IRA Limit

- Filing Status

- Less Than Maximum Contributions

- More Than Maximum Contributions

- When Can Contributions Be Made?

- How Much Can You Deduct?

- Spousal IRA.

- Are You Covered by an Employer Plan?

- Limit if Covered by Employer Plan

- Reporting Deductible Contributions

- Nondeductible Contributions

- Examples — Worksheet for Reduced IRA Deduction for 2010

- What if You Inherit an IRA?

- Treating it as your own.

- Can You Move Retirement Plan Assets?

- Transfers to Roth IRAs from other retirement plans.

- Trustee-to-Trustee Transfer

- Rollovers

- Transfers Incident To Divorce

- Converting From Any Traditional IRA Into a Roth IRA

- Recharacterizations

- When Can You Withdraw or Use Assets?

- Contributions Returned Before Due Date of Return

- When Must You Withdraw Assets? (Required Minimum Distributions)

- IRA Owners

- IRA Beneficiaries

- Which Table Do You Use To Determine Your Required Minimum Distribution?

- What Age(s) Do You Use With the Table(s)?

- Miscellaneous Rules for Required Minimum Distributions

- Are Distributions Taxable?

- Qualified Charitable Distributions

- Distributions Fully or Partly Taxable

- Figuring the Nontaxable and Taxable Amounts

- Recognizing Losses on Traditional IRA Investments

- Other Special IRA Distribution Situations

- Reporting and Withholding Requirements for Taxable Amounts

- What Acts Result in Penalties or Additional Taxes?

- Prohibited Transactions

- Investment in Collectibles

- Excess Contributions

- Early Distributions

- Excess Accumulations (Insufficient Distributions)

- Reporting Additional Taxes

- 2.   Roth IRAs

- What's New for 2010

- What's New for 2011

- Reminder

- Introduction

- What Is a Roth IRA?

- When Can a Roth IRA Be Opened?

- Can You Contribute to a Roth IRA?

- How Much Can Be Contributed?

- When Can You Make Contributions?

- What if You Contribute Too Much?

- Can You Move Amounts Into a Roth IRA?

- Conversions

- Rollover From Employer's Plan Into a Roth IRA

- Military Death Gratuities and Servicemembers' Group Life Insurance (SGLI) Payments

- Rollover From a Roth IRA

- Rollover of Exxon Valdez Settlement Income

- Rollover of Airline Payments

- Are Distributions Taxable?

- What Are Qualified Distributions?

- Additional Tax on Early Distributions

- Ordering Rules for Distributions

- How Do You Figure the Taxable Part?

- Must You Withdraw or Use Assets?

- Minimum distributions.

- Recognizing Losses on Investments

- Distributions After Owner's Death

- 3.   Savings Incentive Match Plans for Employees (SIMPLE)

- Introduction

- What Is a SIMPLE Plan?

- Eligible Employees

- How Are Contributions Made?

- How Much Can Be Contributed on Your Behalf?

- Matching contributions less than 3%.

- Traditional IRA mistakenly moved to SIMPLE IRA.

- When Can You Withdraw or Use Assets?

- Are Distributions Taxable?

- 4.   Disaster-Related Relief

- Tax Relief for Kansas Disaster Area

- Qualified Recovery Assistance Distribution

- Tax Relief for Midwestern Disaster Areas

- Qualified Disaster Recovery Assistance Distribution

- Taxation of Qualified Disaster Recovery Assistance Distributions

- Repayment of Qualified Disaster Recovery Assistance Distributions

- Amending Your Return

- 5.   Retirement Savings Contributions Credit (Saver's Credit)

- What's New

- Introduction

- Full-time student.

- Adjusted gross income.

- Distributions received by spouse.

- Testing period.

- 6.   How To Get Tax Help

- Low Income Taxpayer Clinics (LITCs).

- Publication 590 - Additional Material

- Appendices

- Index

Publication 590 - Introductory Material

Table of Contents

- What's New for 2010

- What's New for 2011

- Reminders

- Introduction

- Ordering forms and publications.

- Tax questions.

- Useful Items - You may want to see:

What's New for 2010

Due date for contributions and withdrawals. Contributions can be made to your 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. Because Emancipation Day, Saturday, April 16, 2011, a legal holiday in the District of Columbia, will be observed on Friday, April 15, 2011, the due date for making contributions for 2010 is April 18, 2011. See When Can Contributions Be Made? in chapter 1.There is a 6% excise tax on excess contributions not withdrawn by the due date (including extensions) for your return. You will not have to pay the 6% tax if any 2010 excess contributions are withdrawn by April 18, 2011 (including extensions). See Excess Contributions under What Acts Result in Penalties or Additional Taxes? in chapter 1.

Modified AGI limit for traditional IRA contributions increased. For 2010, 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 AGI is:

- More than $89,000 but less than $109,000 for a married couple filing a joint return or a qualifying widow(er),

- More than $56,000 but less than $66,000 for a single individual or head of household, or

- Less than $10,000 for a married individual filing a separate return.

If you either lived with your spouse or file a joint return, and your spouse was covered by a retirement plan at work, but you were not, your deduction is phased out if your modified AGI is more than $167,000 but less than $177,000. If your modified AGI is $177,000 or more, you cannot take a deduction for contributions to a traditional IRA. See How Much Can You Deduct? in chapter 1.

Modified AGI limit for Roth IRA contributions increased. For 2010, your Roth IRA contribution limit is reduced (phased out) in the following situations.

- Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $167,000. You cannot make a Roth IRA contribution if your modified AGI is $177,000 or more.

- Your filing status is single, head of household, or married filing separately and you did not live with your spouse at any time in 2010 and your modified AGI is at least $105,000. You cannot make a Roth IRA contribution if your modified AGI is $120,000 or more.

- Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

See Can You Contribute to a Roth IRA? in chapter 2.

Conversions and rollovers to Roth IRAs. The modified AGI and filing status requirements for converting and rolling over amounts to a Roth IRA are eliminated.Also, for any 2010 conversion or rollover, any amounts that would be included as income will be included in income in equal amounts in 2011 and 2012. You can choose to include the entire amount in income in 2010.

Catch-up contributions in certain employer bankruptcies. The provision for additional catch-up contributions in certain employer bankruptcies does not apply for 2010 or later years.

Qualified charitable distributions (QCDs) made in January 2011. The provision for QCDs has been extended for 2010 and 2011. If you make a QCD in January 2011, you can elect to have it treated as made in 2010. See January 2011 QCDs in chapter 1 for more information.

What's New for 2011

Modified AGI limit for traditional IRA contributions increased. For 2011, 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 AGI is:

- More than $90,000 but less than $110,000 for a married couple filing a joint return or a qualifying widow(er),

- More than $56,000 but less than $66,000 for a single individual or head of household, or

- Less than $10,000 for a married individual filing a separate return.

If you either live with your spouse or file a joint return, and your spouse is covered by a retirement plan at work, but you are not, your deduction is phased out if your modified AGI is more than $169,000 but less than $179,000. If your modified AGI is $179,000 or more, you cannot take a deduction for contributions to a traditional IRA.

Modified AGI limit for Roth IRA contributions increased. For 2011, your Roth IRA contribution limit is reduced (phased out) in the following situations.

- Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $169,000. You cannot make a Roth IRA contribution if your modified AGI is $179,000 or more.

- Your filing status is single, head of household, or married filing separately and you did not live with your spouse at any time in 2011 and your modified AGI is at least $107,000. You cannot make a Roth IRA contribution if your modified AGI is $122,000 or more.

- Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

Reminders

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. 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.

Contributions to both traditional and Roth IRAs. For information on your combined contribution limit if you contribute to both traditional and Roth IRAs, see Roth IRAs and traditional IRAs under How Much Can Be Contributed? in chapter 2.

Statement of required minimum distribution (RMD). If an RMD 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 RMD 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. Although interest earned from your IRA is generally not taxed in the year earned, it is not tax-exempt interest. Tax on your traditional IRA is generally deferred until you take a distribution. Do not report this interest on your return as tax-exempt interest. For more information on tax exempt interest, see the instructions for your tax return.

Disaster-related 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:

- The storms that began on May 4, 2007, in the Kansas disaster area, or

- The severe storms in the Midwestern disaster areas in 2008.

For more information on these special rules, see Tax Relief for Kansas Disaster Area and Tax Relief for Midwestern Disaster Areas in chapter 4.

Photographs of missing children. 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.

Introduction

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?   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,

- Disaster area tax relief, 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.

Comments and suggestions.   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-6526

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. You can also send us comments from www.irs.gov/formspubs, select “Comment on Tax Forms and Publications” under “Information about.”

Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products.

Ordering forms and publications.   Visit www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received.

Internal Revenue Service

1201 N. Mitsubishi Motorway

Bloomington, IL 61705-6613

Tax questions.   If you have a tax question, check the information available on IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of the above addresses.

Useful Items - You may want to see:

Publications

- 560 Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans)

- 571 Tax-Sheltered Annuity Plans (403(b) Plans)

- 575 Pension and Annuity Income

- 939 General Rule for Pensions and Annuities

- 4492-A Information for Taxpayers Affected by the May 4, 2007, Kansas Storms and Tornadoes

- 4492-B Information for Affected Taxpayers in the Midwestern Disaster Areas

Forms (and instructions)

- W-4P Withholding Certificate for Pension or Annuity Payments

- 1099-R Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.

- 5304-SIMPLE Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)–Not for Use With a Designated Financial Institution

- 5305-S SIMPLE Individual Retirement Trust Account

- 5305-SA SIMPLE Individual Retirement Custodial Account

- 5305-SIMPLE Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)–for Use With a Designated Financial Institution

- 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts

- 5498 IRA Contribution Information

- 8606 Nondeductible IRAs

- 8815 Exclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989

- 8839 Qualified Adoption Expenses

- 8880 Credit for Qualified Retirement Savings Contributions

- 8930 Qualified Disaster Recovery Assistance Retirement Plan Distributions and Repayments

See chapter 6 for information about getting these publications and forms.

Table I-1. Using This Publication

IF you need

information on ...

THEN see ...

traditional IRAs

chapter 1.

Roth IRAs

chapter 2, and parts of

chapter 1.

SIMPLE IRAs

chapter 3.

disaster-related relief (Midwestern, and Kansas)

chapter 4.

the credit for qualified retirement savings contributions (the saver's credit)

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 2010, 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.

Table I-2. How Are a Traditional IRA and a Roth IRA Different?

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.

Question

Answer

Traditional IRA?

Roth IRA?

Is there an age limit on when I can open and contribute to a

Yes. You must not have reached age 70½ by the end of the year. See Who Can Open 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 $5,000 in 2010 ($6,000 if I was 50 or older by the end of 2010), is there a limit on how much I can contribute to a

Yes. For 2010, you can contribute to a traditional IRA up to:

- $5,000, or

- $6,000 if you were age 50 or older by the end of 2010.

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 2010, you may be able to contribute to a Roth IRA up to:

- $5,000, or

- $6,000 if you were age 50 or older by the end of 2010,

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 a

Yes. 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 a

Not 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 Contributions not reported in chapter 2.

Do I have to start taking distributions when I reach a certain age from a

Yes. You must begin receiving required minimum distributions by April 1 of the year following the year you reach age 70½. See When Must You Withdraw Assets? (Required Minimum Distributions) in chapter 1.

No. If you are the original owner of a Roth IRA, you do not have to take distributions regardless of your age. See Are Distributions Taxable? in chapter 2. However, if you are the beneficiary of a Roth IRA, you may have to take distributions. See Distributions After Owner's Death in chapter 2.

How are distributions taxed from a

Distributions 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 a

Not 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, qualified charitable distribution, one-time distribution to fund an HSA, recharacterization, certain qualified distributions, or a return of certain contributions).

1.   Traditional IRAs

What's New for 2010

Due date for contributions and withdrawals. 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. Because Emancipation Day, Saturday, April 16, 2011, a legal holiday in the District of Columbia, will be observed on Friday, April 15, 2011, the due date for making contributions for 2010 is April 18, 2011. See When Can Contributions Be Made? in this chapter.There is a 6% excise tax on excess contributions not withdrawn by the due date (including extensions) for your return. You will not have to pay the 6% tax if any 2010 excess contributions are withdrawn by April 18, 2011 (including extensions). See Excess Contributions under What Acts Result in Penalties or Additional Taxes? in this chapter.

Modified AGI limit for traditional IRA contributions increased. For 2010, 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 AGI is:

- More than $89,000 but less than $109,000 for a married couple filing a joint return or a qualifying widow(er),

- More than $56,000 but less than $66,000 for a single individual or head of household, or

- Less than $10,000 for a married individual filing a separate return.

For 2010, if you either lived with your spouse or file a joint return, and your spouse was covered by a retirement plan at work, but you were not, your deduction is phased out if your modified AGI is more than $167,000 but less than $177,000. If your modified AGI is $177,000 or more, you cannot take a deduction for contributions to a traditional IRA. See How Much Can You Deduct? in this chapter.

Conversions to Roth IRAs. Beginning in 2010, the modified AGI and filing status requirements for converting a traditional IRA to a Roth IRA are eliminated.Also, for any 2010 conversion, any amounts that would be included as income will be included in income in equal amounts in 2011 and 2012. You can choose to include the entire amount in income in 2010.

Catch-up contributions in certain employer bankruptcies. The provision for additional catch-up contributions in certain employer bankruptcies does not apply for 2010 or later years.

Qualified charitable distributions (QCDs) made in January 2011. The provision for QCDs has been extended for 2010 and 2011. If you make a QCD in January 2011, you can elect to have it treated as made in 2010. See January 2011 QCDs later for more information.

What's New for 2011

Modified AGI limit for traditional IRA contributions increased. For 2011, 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 AGI is:

- More than $90,000 but less than $110,000 for a married couple filing a joint return or a qualifying widow(er),

- More than $56,000 but less than $66,000 for a single individual or head of household, or

- Less than $10,000 for a married individual filing a separate return.

If you either live with your spouse or file a joint return, and your spouse is covered by a retirement plan at work, but you are not, your deduction is phased out if your modified AGI is more than $169,000 but less than $179,000. If your modified AGI is $179,000 or more, you cannot take a deduction for contributions to a traditional IRA.

Introduction

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.” A traditional IRA is any IRA that is not a Roth IRA or a SIMPLE 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.

Who Can Open a Traditional IRA?

You can open 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 70½ 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 70½, each of you can open an IRA. You cannot both participate in the same IRA. If you file a joint return, only one of you needs to have compensation.

What Is Compensation?

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 all of the items discussed next (even if you have more than one type).

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.   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.

Self-employed health insurance deduction.   You must add back any self-employed health insurance deduction you used in figuring the amount to enter on Schedule SE, line 3.

Self-employment loss.   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.   For IRA purposes, compensation includes any taxable alimony and separate maintenance payments you receive under a decree of divorce or separate maintenance.

Nontaxable combat pay.   If you were a member of the U.S. Armed Forces, compensation includes any nontaxable combat pay you received. This amount should be reported in box 12 of your 2010 Form W-2 with code Q.

Table 1-1. Compensation for Purposes of an IRA

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.

nontaxable combat pay.

any amounts you exclude

from income.

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.

- Conservation Reserve Program (CRP) payments reported on Schedule SE (Form 1040), line 1b.

- Any amounts (other than combat pay) you exclude from income, such as foreign earned income and housing costs.

When Can a Traditional IRA Be Opened?

You can open 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 Opened?

You can open different kinds of IRAs with a variety of organizations. You can open an IRA at a bank or other financial institution or with a mutual fund or life insurance company. You can also open 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.   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.

Individual Retirement 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 the deductible amount for the year. 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 70½. See When Must You Withdraw Assets? (Required Minimum Distributions) , later.

Individual Retirement Annuity

You can open 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 the deductible amount for an IRA for the year, 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.

- Distributions must begin by April 1 of the year following the year in which you reach age 70½. See When Must You Withdraw Assets? (Required Minimum Distributions) , later.

Individual Retirement Bonds

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 70½. If you die, interest will stop 5 years after your death, or on the date you would have reached age 70½, whichever is earlier.

- You cannot transfer the bonds.

If you cash (redeem) the bonds before the year in which you reach age 59½, you may be subject to a 10% additional tax. See Age 59½ Rule under Early Distributions, later. You can roll over redemption proceeds into IRAs.

Simplified Employee Pension (SEP)

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 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 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 open your IRA. However, the sponsor does not have to give you the statement until the date you open (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.

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?

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.   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.   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' 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.

Qualified reservist repayments.   If you were a member of a reserve component and you were ordered or called to active duty after September 11, 2001, you may be able to contribute (repay) to an IRA amounts equal to any qualified reservist distributions (defined later under Early Distributions) you received. You can make these repayment contributions even if they would cause your total contributions to the IRA to be more than the general limit on contributions. To be eligible to make these repayment contributions, you must have received a qualified reservist distribution from an IRA or from a section 401(k) or 403(b) plan or a similar arrangement.

Limit.   Your qualified reservist repayments cannot be more than your qualified reservist distributions, explained under Early Distributions, later.

When repayment contributions can be made.   You cannot make these repayment contributions later than the date that is 2 years after your active duty period ends.

No deduction.   You cannot deduct qualified reservist repayments.

Reserve component.   The term “reserve component” means the:

- Army National Guard of the United States,

- Army Reserve,

- Naval Reserve,

- Marine Corps Reserve,

- Air National Guard of the United States,

- Air Force Reserve,

- Coast Guard Reserve, or

- Reserve Corps of the Public Health Service.

Figuring your IRA deduction.   The repayment of qualified reservist distributions does not affect the amount you can deduct as an IRA contribution.

Reporting the repayment.   If you repay a qualified reservist distribution, include the amount of the repayment with nondeductible contributions on line 1 of Form 8606.

Example.   In 2010, your IRA contribution limit is $5,000. However, because of your filing status and AGI, the limit on the amount you can deduct is $3,500. You can make a nondeductible contribution of $1,500 ($5,000 - $3,500). In an earlier year you received a $3,000 qualified reservist distribution, which you would like to repay this year.

For 2010, you can contribute a total of $8,000 to your IRA. This is made up of the maximum deductible contribution of $3,500; a nondeductible contribution of $1,500; and a $3,000 qualified reservist repayment. You contribute the maximum allowable for the year. Since you are making a nondeductible contribution ($1,500) and a qualified reservist repayment ($3,000), you must file Form 8606 with your return and include $4,500 ($1,500 + $3,000) on line 1 of Form 8606. The qualified reservist repayment is not deductible.

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

For 2010, the most that can be contributed to your traditional IRA generally is the smaller of the following amounts:

- $5,000 ($6,000 if you are age 50 or older), or

- 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).

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.) Qualified reservist repayments do not affect this limit.

Examples.

George, who is 34 years old and single, earns $24,000 in 2010. His IRA contributions for 2010 are limited to $5,000.

Danny, an unmarried college student working part time, earns $3,500 in 2010. His IRA contributions for 2010 are limited to $3,500, the amount of his compensation.

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.   If you invest in an annuity or endowment contract under an individual retirement annuity, no more than $5,000 ($6,000 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 Limit

For 2010, 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:

1. $5,000 ($6,000 if you are age 50 or older), or

2. The total compensation includible in the gross income of both you and your spouse for the year, reduced by the following two amounts.

1. Your spouse's IRA contribution for the year to a traditional IRA.

2. 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 $10,000 ($11,000 if only one of you is age 50 or older or $12,000 if both of you are age 50 or older).

Note.

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 2010. For the year, Carl has taxable compensation of $30,000. He plans to contribute (and deduct) $5,000 to a traditional IRA. If he and Kristin file a joint return, each can contribute $5,000 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 – $5,000 = $25,000) to her own compensation (-0-) to figure her maximum contribution to a traditional IRA. In her case, $5,000 is her contribution limit, because $5,000 is less than $25,000 (her compensation for purposes of figuring her contribution limit).

Filing Status

Generally, except as discussed above 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 2010. Because of the spousal IRA limit rule, even though Tom earned less than $6,000, they can contribute up to $6,000 to his IRA for 2010 if they file a joint return. They can contribute up to $6,000 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 Contributions

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 2010. Although he can contribute up to $5,000 for 2010, he contributes only $3,000. After April 18, 2011, Rafael cannot make up the difference between his actual contributions for 2010 ($3,000) and his 2010 limit ($5,000). He cannot contribute $2,000 more than the limit for any later year.

More Than Maximum 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?

As soon as you open 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.

Although property cannot be contributed, your IRA may invest in certain property. For example, your IRA may purchase shares of stock. For other restrictions on the use of funds in your IRA, see Prohibited Transactions later in this chapter. 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 .

You can make a contribution to your IRA by having your income tax refund (or a portion of your refund), if any, paid directly to your traditional IRA, Roth IRA, or SEP IRA. For details, see the instructions for your income tax return or Form 8888, Direct Deposit of Refund to More Than One Account.

Contributions can be made to your traditional IRA for each year that you receive compensation and have not reached age 70½. For any year in which you do not work, contributions cannot be made to your IRA unless you receive alimony, nontaxable combat pay, military differential pay, or file a joint return with a spouse who has compensation. See Who Can Open 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.   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. Because of Emancipation Day in the District of Columbia, for most people, this means that contributions for 2010 must be made by April 18, 2011, and contributions for 2011 must be made by April 17, 2012.

Age 70½ rule.   Contributions cannot be made to your traditional IRA for the year in which you reach age 70½ or for any later year.

You attain age 70½ on the date that is six calendar months after the 70th anniversary of your birth. If you were born on or before June 30, 1940, you cannot contribute for 2010 or any later year.

Designating year for which contribution is made.   If an amount is contributed to your traditional IRA between January 1 and April 18, 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.    You can file your return claiming a traditional IRA contribution before the contribution is actually made. Generally, the contribution must be made by the due date of your return, not including extensions.

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?

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' 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.   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:

- $5,000 ($6,000 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.   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:

1. $5,000 ($6,000 if the spouse with the lower compensation is age 50 or older), or

2. The total compensation includible in the gross income of both spouses for the year reduced by the following three amounts.

1. The IRA deduction for the year of the spouse with the greater compensation.

2. Any designated nondeductible contribution for the year made on behalf of the spouse with the greater compensation.

3. 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.   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?

The 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.   For purposes of the IRA deduction, federal judges are covered by an employer plan.

For Which Year(s) Are You 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.   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.   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 and losses on those contributions. Types of defined contribution plans include profit-sharing plans, stock bonus plans, and money purchase pension plans.

Example.

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, 2009. The contribution for the plan year ending on June 30, 2010, is made February 15, 2011. Because an amount is contributed to Bob's account for the plan year, Bob is covered by the plan for his 2010 tax year.

A special rule applies to certain plans in which it is not possible to determine if an amount will be contributed to your account for a given plan year. If, for a plan year, no amounts have been allocated to your account that are attributable to employer contributions, employee contributions, or forfeitures, by the last day of the plan year, and contributions are discretionary for the plan year, you are not covered for the tax year in which the plan year ends. If, after the plan year ends, the employer makes a contribution for that plan year, you are covered for the tax year in which the contribution is made.

Example.

Mickey was covered by a profit-sharing plan and left the company on December 31, 2009. 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, 2010, no contributions were made that were allocated to the June 30, 2010 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, 2010, the company decided to contribute to the plan for the plan year ending June 30, 2010. That contribution was made on February 15, 2011. Mickey is an active participant in the plan for his 2011 tax year but not for his 2010 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.   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, 2009. Because Nick is eligible to participate in the plan for its year ending June 30, 2010, he is covered by the plan for his 2010 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.   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.

1. The plan you participate in is established for its employees by:

1. The United States,

2. A state or political subdivision of a state, or

3. An instrumentality of either (a) or (b) above.

2. You did not serve more than 90 days on active duty during the year (not counting duty for training).

Volunteer firefighters.   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.

1. The plan you participate in is established for its employees by:

1. The United States,

2. A state or political subdivision of a state, or

3. An instrumentality of either (a) or (b) above.

2. 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 Plan

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 Recipients

Instead of using Table 1-2 or Table 1-3 and Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2010, 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.

Table 1-2. Effect of Modified AGI^1 on Deduction if You Are Covered by a Retirement Plan at Work

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

$56,000 or less

a full deduction.

more than $56,000

but less than $66,000

a partial deduction.

$66,000 or more

no deduction.

married filing jointly or

qualifying widow(er)

$89,000 or less

a full deduction.

more than $89,000

but less than $109,000

a partial deduction.

$109,000 or more

no deduction.

married filing separately^2

less than $10,000

a partial deduction.

$10,000 or more

no 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).

Table 1-3. Effect of Modified AGI^1 on Deduction if You Are NOT Covered by a Retirement Plan at Work

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 amount

a full deduction.

married filing jointly or separately with a spouse who is not covered by a plan

at work

any amount

a full deduction.

married filing jointly with a spouse who is covered by a plan

at work

$167,000 or less

a full deduction.

more than $167,000

but less than $177,000

a partial deduction.

$177,000 or more

no deduction.

married filing separately with a spouse who is covered by a plan

at work^2

less than $10,000

a partial deduction.

$10,000 or more

no 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.

For 2011, if you are not covered by a retirement plan at work and you are married filing jointly with a spouse who is covered by a plan at work, your deduction is phased out if your modified AGI is more than $169,000 but less than $179,000. If your AGI is $179,000 or more, you cannot take a deduction for a contribution to a traditional IRA.

Deduction Phaseout

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 2011, 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 $56,000 but less than $66,000 for a single individual (or head of household),

- More than $90,000 but less than $110,000 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.   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.   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).   You can use Worksheet 1-1 to figure your modified AGI. If you made contributions to your IRA for 2010 and received a distribution from your IRA in 2010, see Both contributions for 2010 and distributions in 2010 , 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.   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.   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 savings bond interest shown on Form 8815.

This is your modified AGI.

Form 1040NR.   If you file Form 1040NR, 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.

- Domestic production activities 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.

Income from IRA distributions.   If you received distributions in 2010 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 2010 and distributions in 2010.   If all three of the following apply, any IRA distributions you received in 2010 may be partly tax free and partly taxable.

- You received distributions in 2010 from one or more traditional IRAs,

- You made contributions to a traditional IRA for 2010, 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 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 2010. The instructions for Form 1040, Form 1040A, and Form 1040NR 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.

Worksheet 1-1. Figuring Your Modified AGI

Use this worksheet to figure your modified AGI for traditional IRA purposes.

1.

Enter your adjusted gross income (AGI) from Form 1040, line 38; Form 1040A, line 22; or Form 1040NR, line 37, figured without taking into account the amount from Form 1040, line 32; Form 1040A, line 17; or Form 1040NR, line 32

1.

2.

Enter any student loan interest deduction from Form 1040, line 33; Form 1040A, line 18; or Form 1040NR, line 33

2.

3.

Enter any tuition and fees deduction from Form 1040, line 34 or Form 1040A, line 19

3.

4.

Enter any domestic production activities deduction from Form 1040, line 35, or Form 1040NR, line 34

4.

5.

Enter any foreign earned income exclusion and/or housing exclusion from Form 2555, line 45, or Form 2555-EZ, line 18

5.

6.

Enter any foreign housing deduction from Form 2555, line 50

6.

7.

Enter any excludable savings bond interest from Form 8815, line 14

7.

8.

Enter any excluded employer-provided adoption benefits from Form 8839, line 26

8.

9.

Add lines 1 through 8. This is your Modified AGI for traditional IRA purposes

9.

Reporting Deductible Contributions

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. If you file Form 1040NR, enter your IRA deduction on line 32 of that form. You cannot deduct IRA contributions on Form 1040EZ or Form 1040NR-EZ.

Self-employed.   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. If you file Form 1040NR, enter your deduction on line 28 of that form.

Nondeductible Contributions

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 2010, he was covered by a retirement plan at work. His salary is $57,312. His modified AGI is $68,000. Tony makes a $5,000 IRA contribution for 2010. Because he was covered by a retirement plan and his modified AGI is above $66,000, he cannot deduct his $5,000 IRA contribution. He must designate this contribution as a nondeductible contribution by reporting it on Form 8606.

Repayment of reservist, disaster recovery assistance, and recovery assistance distributions.   Nondeductible contributions may include repayments of qualified reservist, disaster recovery assistance, and recovery assistance distributions. For more information, see Qualified reservist repayments under How Much Can Be Contributed? earlier and chapter 4, Disaster-Related Relief .

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.

A Form 8606 is not used for the year that you make a rollover from a qualified retirement plan to a traditional IRA and the rollover includes nontaxable amounts. In those situations, a Form 8606 is completed for the year you take a distribution from that IRA. See Form 8606 under Distributions Fully or Partly Taxable later.

Failure to report nondeductible contributions.   If you do not report nondeductible contributions, all of the contributions to your traditional IRA will be treated like deductible contributions when withdrawn. All distributions from your IRA will be taxed unless you can show, with satisfactory evidence, that nondeductible contributions were made.

Penalty for overstatement.   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.   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.

Cost basis.   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 2010, that you can use to keep a record of deductible and nondeductible IRA contributions.

Examples — Worksheet for Reduced IRA Deduction for 2010

The following examples illustrate the use of Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2010.

Example 1.

For 2010, 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 $59,000 and Betty's is $31,555. They each have a traditional IRA and their combined modified AGI, which includes $2,000 interest and dividend income, is $92,555. Because their modified AGI is between $89,000 and $109,000 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 2010, Tom contributed $5,000 to his IRA and Betty contributed $5,000 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 $4,120.

He can choose to treat the $4,120 as either deductible or nondeductible contributions. He can either leave the $880 ($5,000 − $4,120) of nondeductible contributions in his IRA or withdraw them by April 18, 2011. He decides to treat the $4,120 as deductible contributions and leave the $880 of nondeductible contributions in his IRA.

Using Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2010, Tom figures his deductible and nondeductible amounts as shown on Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2010—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 $5,000 contribution for 2010 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 2010, because their modified AGI is not within the phaseout range that applies. Betty decides to treat her $5,000 IRA contributions as deductible.

The IRA deductions of $4,120 and $5,000 on the joint return for Tom and Betty total $9,120.

Example 2.

For 2010, 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 $45,000. Sue had no compensation for the year and did not contribute to an IRA. Sue is not covered by an employer plan. Ed contributed $5,000 to his traditional IRA and $5,000 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 $171,555.

Because the combined modified AGI is $109,000 or more, Ed cannot deduct any of the contribution to his traditional IRA. He can either leave the $5,000 of nondeductible contributions in his IRA or withdraw them by April 18, 2011.

Sue figures her IRA deduction as shown on Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2010—Example 2 Illustrated.

Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2010

(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.)

Note. If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction separately.

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

$56,000

$66,000

married filing jointly or qualifying widow(er)

$89,000

$109,000

married filing separately

$0

$10,000

are not covered by an employer plan, but your spouse is covered

married filing jointly

$167,000

$177,000

married filing separately

$0

$10,000

1.

Enter applicable amount from table above

1.

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 ($20,000 or more if married filing jointly or qualifying widow(er) and you are covered by an employer plan), stop here. You can take a full IRA deduction for contributions of up to $5,000 ($6,000 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 the percentage below that applies to you. 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.

- Married filing jointly or qualifying widow(er) and you are covered by an employer plan, multiply line 3 by 25% (.25) (by 30% (.30) if you are age 50 or older).

- All others, multiply line 3 by 50% (.50) (by 60% (.60) if you are age 50 or older).

4.

5.

Enter your compensation minus any deductions on Form 1040 or Form 1040NR, 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 or Form 1040NR, do not reduce your compensation by any losses from self-employment

5.

6.

Enter contributions made, or to be made, to your IRA for 2010 but do not enter more than $5,000 ($6,000 if you are age 50 or older). If contributions are more than $5,000 ($6,000 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, 1040A, or 1040NR 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.

What if You Inherit an IRA?

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.   If you inherit a traditional IRA from your spouse, you generally have the following three choices. You can:

1. Treat it as your own IRA by designating yourself as the account owner.

2. Treat it as your own by rolling it over into your IRA, or to the extent it is taxable, into a:

1. Qualified employer plan,

2. Qualified employee annuity plan (section 403(a) plan),

3. Tax-sheltered annuity plan (section 403(b) plan),

4. Deferred compensation plan of a state or local government (section 457 plan), or

3. 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.   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.   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).

Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2010—Example 1 Illustrated

(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.)

Note. If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction separately.

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

$56,000

$66,000

married filing jointly or qualifying widow(er)

$89,000

$109,000

married filing separately

$0

$10,000

are not covered by an employer plan, but your spouse is covered

married filing jointly

$167,000

$177,000

married filing separately

$0

$10,000

1.

Enter applicable amount from table above

1.

109,000

2.

Enter your modified AGI (that of both spouses, if married filing jointly)

2.

92,555

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 ($20,000 or more if married filing jointly or qualifying widow(er) and you are covered by an employer plan), stop here. You can take a full IRA deduction for contributions of up to $5,000 ($6,000 if you are age 50 or older) or 100% of your (and if married filing jointly, your spouse's) compensation, whichever is less

3.

16,445

4.

Multiply line 3 by the percentage below that applies to you. 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.

- Married filing jointly or qualifying widow(er) and you are covered by an employer plan, multiply line 3 by 25% (.25) (by 30% (.30) if you are age 50 or older).

- All others, multiply line 3 by 50% (.50) (by 60% (.60) if you are age 50 or older).

4.

4,120

5.

Enter your compensation minus any deductions on Form 1040 or Form 1040NR, 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 or Form 1040NR, do not reduce your compensation by any losses from self-employment

5.

59,000

6.

Enter contributions made, or to be made, to your IRA for 2010 but do not enter more than $5,000 ($6,000 if you are age 50 or older). If contributions are more than $5,000 ($6,000 if you are age 50 or older), see Excess Contributions , later.

6.

5,000

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, 1040A, or 1040NR 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.

4,120

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.

880

Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2010—Example 2 Illustrated

(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.)

Note. If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction separately.

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

$56,000

$66,000

married filing jointly or qualifying widow(er)

$89,000

$109,000

married filing separately

$0

$10,000

are not covered by an employer plan, but your spouse is covered

married filing jointly

$167,000

$177,000

married filing separately

$0

$10,000

1.

Enter applicable amount from table above

1.

177,000

2.

Enter your modified AGI (that of both spouses, if married filing jointly)

2.

171,555

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 ($20,000 or more if married filing jointly or qualifying widow(er) and you are covered by an employer plan), stop here. You can take a full IRA deduction for contributions of up to $5,000 ($6,000 if you are age 50 or older) or 100% of your (and if married filing jointly, your spouse's) compensation, whichever is less

3.

5,445

4.

Multiply line 3 by the percentage below that applies to you. 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.

- Married filing jointly or qualifying widow(er) and you are covered by an employer plan, multiply line 3 by 25% (.25) (by 30% (.30) if you are age 50 or older).

- All others, multiply line 3 by 50% (.50) (by 60% (.60) if you are age 50 or older).

4.

2,730

5.

Enter your compensation minus any deductions on Form 1040 or Form 1040NR, 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 or Form 1040NR, do not reduce your compensation by any losses from self-employment

5.

40,000

6.

Enter contributions made, or to be made, to your IRA for 2010 but do not enter more than $5,000 ($6,000 if you are age 50 or older). If contributions are more than $5,000 ($6,000 if you are age 50 or older), see Excess Contributions , later.

6.

5,000

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, 1040A, or 1040NR 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.

2,730

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.

2,270

Can You Move Retirement Plan Assets?

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.   Under certain conditions, you can move assets from a traditional IRA or from a designated Roth account 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.

Transfers to Roth IRAs from other retirement plans.   Under certain conditions, you can move assets from a qualified retirement plan to a Roth IRA. For more information, see Can You Move Amounts Into a Roth IRA? in chapter 2.

Trustee-to-Trustee Transfer

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.

Rollovers

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.   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).

Also, see Table 1-4, earlier.

Table 1-4. Rollover Chart

The following chart indicates the rollovers that are permitted between various types of plans.

Roll To

Roth IRA

Traditional

IRA

SIMPLE

IRA

SEP IRA

457(b) Plan

Qualified Plan^3

(pre-tax)

403(b) Plan

(pre-tax)

Designated Roth Account

Roth IRA

Yes

No

No

No

No

No

No

No

Traditional IRA

Yes^1

Yes

No

Yes

Yes

Yes

Yes

No

SIMPLE IRA

Yes^1, after 2 years

Yes, after 2 years

Yes

Yes, after 2 years

Yes^2, after 2 years

Yes, after 2 years

Yes, after 2 years

No

SEP IRA

Yes^1

Yes

No

Yes

Yes^2

Yes

Yes

No

457(b) Plan

Yes^1

Yes

No

Yes

Yes

Yes

Yes

No^4

Roll From

Qualified Plan

(pre-tax)

Yes^1

Yes

No

Yes

Yes

Yes

Yes

Yes, for rollovers after September 27, 2010

403(b) Plan

(pre-tax)

Yes^1

Yes

No

Yes

Yes

Yes

Yes

Yes, for rollovers after September 27, 2010

Designated Roth Account

Yes

No

No

No

No

No

No

Yes, if a direct trustee-to- trustee

transfer

1Must include in income.

2Must have separate accounts.

3Qualified plans include, for example, profit-sharing, 401(k), money purchase, and defined benefit plans.

4Starting in 2011, these amounts may be rolled into a designated Roth account.

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.   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.   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.   Ordinarily, when you have basis in your IRAs, any distribution is considered to include both nontaxable and taxable amounts. Without a special rule, the nontaxable portion of such a distribution could not be rolled over. However, a special rule treats a distribution you roll over into an eligible retirement plan as including only otherwise taxable amounts if the amount you either leave in your IRAs or do not roll over is at least equal to your basis. The effect of this special rule is to make the amount in your traditional IRAs that you can roll over to an eligible retirement 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).

- Tax-sheltered annuities (section 403(b) annuities).

Time Limit for Making a Rollover Contribution

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.

Example.

You received an eligible rollover distribution from your traditional IRA on June 30, 2010, that you intend to roll over to your 403(b) plan. To postpone including the distribution in your income, you must complete the rollover by August 29, 2010, the 60th day following June 30.

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. For exceptions to the 60-day period, see Automatic waiver, Other waiver, and Extension of rollover period, later.

Rollovers completed after the 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 2010 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 2010 even though the 60-day limit was not up until 2011.

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. To apply for a waiver, you must submit a request for a letter ruling under the appropriate IRS revenue procedure. This revenue procedure is generally published in the first Internal Revenue Bulletin of the year. You must also pay a user fee with the application. The information is in Revenue Procedure 2011-4 in Internal Revenue Bulletin 2011-1 available at www.irs.gov/irb/2011-01_IRB/ar09.html.

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 , earlier),

- 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.   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.   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.   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 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.   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.

1. It is made from a failed financial institution by the Federal Deposit Insurance Corporation (FDIC) as receiver for the institution.

2. It was not initiated by either the custodial institution or the depositor.

3. It was made because:

1. The custodial institution is insolvent, and

2. 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.

Partial rollovers.   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.

Inherited IRAs.   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 inherit 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 (Required Minimum Distributions), later.

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; Form 1040A, lines 11a and 11b; or Form 1040NR, lines 16a and 16b.

Enter the total amount of the distribution on Form 1040, line 15a; Form 1040A, line 11a; or Form 1040NR, line 16a. If the total amount on Form 1040, line 15a; Form 1040A, line 11a; or Form 1040NR, line 16a, was rolled over, enter zero on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line 16b. 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; Form 1040A, line 11b; or Form 1040NR, line 16b. Put “Rollover” next to line 15b, Form 1040; line 11b, Form 1040A; or line 16b, Form 1040NR. See the forms' instructions.

If you rolled over the distribution into a qualified plan (other than an IRA) or you make the rollover in 2011, 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 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.

1. A required minimum distribution (explained later under When Must You Withdraw Assets? (Required Minimum Distributions) ).

2. A hardship distribution.

3. Any of a series of substantially equal periodic distributions paid at least once a year over:

1. Your lifetime or life expectancy,

2. The lifetimes or life expectancies of you and your beneficiary, or

3. A period of 10 years or more.

4. Corrective distributions of excess contributions or excess deferrals, and any income allocable to the excess, or of excess annual additions and any allocable gains.

5. 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.

6. Dividends on employer securities.

7. The cost of life insurance coverage.

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.

Any nontaxable amounts that you roll over into your traditional IRA become part of your basis (cost) in your IRAs. To recover your basis when you take distributions from your IRA, you must complete Form 8606 for the year of the distribution. See Form 8606 under Distributions Fully or Partly Taxable, later.

Rollover by nonspouse beneficiary.   A direct transfer from a deceased employee's qualified pension, profit-sharing or stock bonus plan, annuity plan, tax-sheltered annuity (section 403(b)) plan, or governmental deferred compensation (section 457) plan to an IRA set up to receive the distribution on your behalf can be treated as an eligible rollover distribution if you are the designated beneficiary of the plan and not the employee's spouse. The IRA is treated as an inherited IRA. For more information about inherited IRAs, see What if You Inherit an IRA , earlier.

Written explanation to recipients.   Before making an eligible rollover distribution, the administrator of a qualified retirement 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 retirement 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.   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.   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.   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.   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.   Table 1-5 may help you decide which distribution option to choose. Carefully compare the effects of each option.

Table 1-5. Comparison of Payment to You Versus Direct Rollover

Affected item

Result of a payment to you

Result of a

direct rollover

withholding

The payer must withhold 20% of the taxable part.

There is no withholding.

additional tax

If you are under age 59½, 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 income

Any 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.   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.   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 6, 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 6, 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.

Partial rollover.   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.   You cannot roll over a life insurance contract from a qualified plan into a traditional IRA.

Distributions received by a surviving spouse.   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).   If you are the spouse or former spouse of an employee and you receive a distribution from a qualified retirement 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

- Made under a qualified domestic relations order.

Qualified domestic relations order.   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.   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.   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.   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.    Enter the total distribution (before income tax or other deductions were withheld) on Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a. 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; Form 1040A, line 12b; or Form 1040NR, line 17b. Also, enter "Rollover" next to line 16b on Form 1040; line 12b of Form 1040A; or line 17b of Form 1040NR.

Rollover of Exxon Valdez Settlement Income

If you are a qualified taxpayer and you received qualified settlement income, you can contribute all or part of the amount received to an eligible retirement plan which includes a traditional IRA. The amount contributed cannot exceed $100,000 (reduced by the amount of qualified settlement income contributed to an eligible retirement plan in prior tax years) or the amount of qualified settlement income received during the tax year. Contributions for the year can be made until the due date for filing your return, not including extensions.

Qualified settlement income that you contribute to a traditional IRA will be treated as having been rolled over in a direct trustee-to-trustee transfer within 60 days of the distribution. The amount contributed is not included in your income at the time of the contributions and is not considered to be investment in the contract. Also, the 1-year waiting period between rollovers does not apply.

Qualified taxpayer.   You are a qualified taxpayer if you are:

- A plaintiff in the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D.Alaska), or

- The beneficiary of the estate of a plaintiff who acquired the right to receive qualified settlement income and who is the spouse or immediate relative of that plaintiff.

Qualified settlement income.   Qualified settlement income is any interest and punitive damage awards which are:

- Otherwise includible in income, and

- Received in connection with the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D.Alaska) (whether pre- or post-judgment and whether related to a settlement or judgment).

Qualified settlement income can be received as periodic payments or as a lump sum. See Publication 525, Taxable and Nontaxable Income, for information on how to report qualified settlement income.

Transfers Incident To 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 IRA

Starting in 2010, the $100,000 modified AGI limit and the filing status requirements for converting a traditional IRA to a Roth IRA have been eliminated.

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 70½) under the required distribution rules (discussed in this chapter).

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. These amounts are normally included in income on your return for the year that you converted them from a traditional IRA to a Roth IRA. However, for 2010 conversions, any amounts you must include in income are generally included in income in equal amounts in 2011 and 2012, unless you elect otherwise. See Special rules for 2010 conversions from traditional IRAs to Roth IRAs, next. 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.

Special rules for 2010 conversions from traditional IRAs to Roth IRAs.   If in 2010 you convert a traditional IRA into a Roth IRA, any amount you must include in income as a result of the conversion is generally included in equal amounts over a 2-year period, beginning in 2011. This means you include one half of the amount in income in 2011 and the other half in income in 2012. You must file Form 8606 to report a conversion from a traditional IRA to a Roth IRA.

Election not to use 2-year period.   You can elect to include the total amount of the conversion in income in 2010 rather than in equal amounts over the 2-year period (2011 and 2012). You make the election on Form 8606. If you make this election, you cannot change it after the due date (including extensions) for your 2010 tax return.

Withdrawals from Roth IRA.   If you include the taxable part of a 2010 conversion in equal amounts over the 2-year period (2011 and 2012) and in 2010 you receive a distribution from the Roth IRA, you may be required to include a portion of the distribution allocable to the conversion in income in 2010. For more information, see Later Withdrawals from Roth IRAs in chapter 2

For more information on these and other rules for 2010 Roth IRA conversions, see Conversions in chapter 2.

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.

Recharacterizations

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 , below.

Recharacterizing to a SEP IRA or SIMPLE IRA.   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.   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.

Recharacterizing excess contributions.   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 2010. You cannot recharacterize the excess contributions you made in 2010 after April 18, 2011, because contributions after that date are no longer timely for 2010.

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.

Reconversions

You cannot convert and reconvert an amount during the same tax 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 2010 that are recharacterized, use Worksheet 1-3. See Regulations section 1.408A-5 for more information.

Worksheet 1-3. 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 2011 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 account

3.

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 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.

Example.

On April 1, 2011, when her Roth IRA is worth $80,000, Allison makes a $160,000 conversion contribution to the Roth IRA. Subsequently, Allison requests that the $160,000 be recharacterized to a traditional IRA. Pursuant to this request, on April 1, 2012, 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 April 1, 2011, $160,000 conversion contribution on April 1, 2012, 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.

Worksheet 1-3. Example—Illustrated

1.

Enter the amount of your IRA contribution for 2011 to be recharacterized

1.

160,000

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.

225,000

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 account

3.

240,000

4.

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.   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 18, 2011, this period ends on October 17, 2011. 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 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, 2010, Christine properly and timely converted her traditional IRA to a Roth IRA. In December, Christine decided to recharacterize the conversion and move the funds to a traditional IRA. In January 2011, to make the necessary adjustment to remove the conversion, Christine opened a traditional IRA with the same trustee. Also in January 2011, 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 2010, 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.   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?

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 59½. This is explained under Age 59½ Rule under Early Distributions, later.

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 59½, the 10% additional tax may not apply. These withdrawals are explained next.

Contributions Returned Before Due Date of Return

If you made IRA contributions in 2010, 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.

Note.

If you timely filed your 2010 tax return without withdrawing a contribution that you made in 2010, you can still have the contribution returned to you within 6 months of the due date of your 2010 tax return, excluding extensions. If you do, file an amended return with “Filed pursuant to section 301.9100-2” written at the top. Report any related earnings on the amended return and include an explanation of the withdrawal. Make any other necessary changes on the amended return (for example, if you reported the contributions as excess contributions on your original return, include an amended Form 5329 reflecting that the withdrawn contributions are no longer treated as having been contributed).

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 2010 that are returned to you, use Worksheet 1-4. See Regulations section 1.408-11 for more information.

Worksheet 1-4. 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 2011 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 IRA

3.

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.

Example.

On May 2, 2011, when her IRA is worth $4,800, Cathy makes a $1,600 regular contribution to her IRA. Cathy requests that $400 of the May 2, 2011, contribution be returned to her. On February 2, 2012, 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 2011 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 2, 2011, contribution is $75 ($400 x ($7,600 – $6,400) ÷ $6,400). Therefore, the total to be distributed on February 2, 2012, is $475. This is shown on the following worksheet.

Worksheet 1-4. Example—Illustrated

1.

Enter the amount of your IRA contribution for 2011 to be returned to you

1.

400

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.

7,600

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 IRA

3.

6,400

4.

Subtract line 3 from line 2

4.

1,200

5.

Divide line 4 by line 3. Enter the result as a decimal (rounded to at least three places)

5.

.1875

6.

Multiply line 1 by line 5. This is the net income attributable to the contribution to be returned

6.

75

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.

475

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 Tax

The 10% additional tax on distributions made before you reach age 59½ 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 59½ rule, it will be subject to this tax. See Early Distributions under What Acts Result in Penalties or Additional Taxes, later.

Excess Contributions Tax

If any part of these contributions is an excess contribution for 2009, it is subject to a 6% excise tax. You will not have to pay the 6% tax if any 2009 excess contribution was withdrawn by April 15, 2010 (plus extensions), and if any 2010 excess contribution is withdrawn by April 18, 2011 (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.

When Must You Withdraw Assets? (Required Minimum Distributions)

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 (Insufficient Distributions) , 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 generally start receiving distributions from your IRA by April 1 of the year following the year in which you reach age 70½. April 1 of the year following the year in which you reach age 70½ 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 70½ (your 70½ year). If you do not (or did not) receive that minimum amount in your 70½ year, then you must receive distributions for your 70½ year by April 1 of the next year.

If an IRA owner dies after reaching age 70½, but before April 1 of the next year, no minimum distribution is required because death occurred before the required beginning date.

If you reach age 70½ in 2009, you are not required to receive your first distribution by April, 2010 due to the special waiver for 2009. Your first distribution, however, must be made for 2010 by December 31, 2010.

Even if you begin receiving distributions before you reach age 70½, 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 70½ year will be credited toward the amount that must be distributed by April 1 of the following year.

Distributions after the required beginning date.   The required minimum distribution for any year after the year you turn 70½ must be made by December 31 of that later year.

Example.

You reach age 70½ on August 20, 2010. For 2010, you must receive the required minimum distribution from your IRA by April 1, 2011. You must receive the required minimum distribution for 2011 by December 31, 2011.

If you do not receive your required minimum distribution for 2010 until 2011, both your 2010 and your 2011 distributions will be included in income on your 2011 return.

Distributions from individual retirement account.   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.   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.   For purposes of figuring your required minimum distribution, your marital status is determined as of January 1 of each year. If your spouse is a beneficiary of your IRA on January 1, he or she remains a beneficiary for the entire year even if you get divorced or your spouse dies during the 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.   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 Distribution

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. Tables showing distribution periods and life expectancies are found in Appendix C and are discussed later.

IRA 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 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 occurred.

Distributions.   Distributions reduce the account balance in the year they are made. A distribution for last year made after December 31 of last year 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, 1939. She reaches age 70½ in 2010. Her required beginning date is April 1, 2011. As of December 31, 2009, her IRA 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 2010 is $1,000 ($26,500 ÷ 26.5). That amount is distributed to her on April 1, 2011.

Example 2.

Joe, born October 1, 1939, reached 70½ in 2010. His wife (his beneficiary) turned 56 in September 2010. He must begin receiving distributions by April 1, 2011. Joe's IRA account balance as of December 31, 2009, 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, 2010), the joint life expectancy for Joe (age 71) and his wife (age 56) is 30.1 years. The required minimum distribution for 2010, Joe's first distribution year, is $1,000 ($30,100 ÷ 30.1). This amount is distributed to Joe on April 1, 2011.

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 2010 is listed next to your age as of your birthday in 2010 in Table III in Appendix C.

Life expectancy.   If you must use Table I, your life expectancy for 2011 is listed in the table next to your age as of your birthday in 2011. If you use Table II, your life expectancy is listed where the row or column containing your age as of your birthday in 2011 intersects with the row or column containing your spouse's age as of his or her birthday in 2011. Both Table I and Table II are in Appendix C.

Distributions during your 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 , below.

To figure the required minimum distribution for 2011, divide your account balance at the end of 2010 by the distribution period from the table. This is the distribution period listed next to your age (as of your birthday in 2011) 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 2009 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 2010. You use Table III. Your distribution period is 22.9. Your required minimum distribution for 2010 would be $4,367 ($100,000 ÷ 22.9).

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 2010 intersects with the row or column containing your spouse's age as of his or her birthday in 2010.

You figure your required minimum distribution for 2010 by dividing your account balance at the end of 2009 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 2009 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 2010 and your spouse turns 64. You use Table II. Your joint life and last survivor expectancy is 23.6. Your required minimum distribution for 2010 would be $4,237 ($100,000 ÷ 23.6).

Distributions in the year of the 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 Beneficiaries

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.   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. An individual may be designated as a beneficiary either by the terms of the plan or, if the plan permits, by affirmative election by the employee specifying the beneficiary.

Death of a 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.   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.   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 Distribution

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.   If the beneficiary is an individual, to figure the required minimum distribution for 2010, divide the account balance at the end of 2009 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 2010). If the owner died before the year in which he or she reached age 70½, distributions to the spouse do not need to begin until the year in which the owner would have reached age 70½.

- 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 2009. You are the designated beneficiary of your father's traditional IRA. You are 53 years old in 2010. You use Table I and see that your life expectancy in 2010 is 31.4. If the IRA was worth $100,000 at the end of 2009, your required minimum distribution for 2010 would be $3,185 ($100,000 ÷ 31.4). If the value of the IRA at the end of 2010 was again $100,000, your required minimum distribution for 2011 would be $3,289 ($100,000 ÷ 30.4). Instead of taking yearly distributions, you could choose to take the entire distribution in 2014 or earlier.

Beneficiary not an individual.   If the beneficiary is not an individual, determine the required minimum distribution for 2010 as follows.

- Death on or after required beginning date. Divide the account balance at the end of 2010 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.

The owner died in 2009 at the age of 80. The owner's traditional IRA went to his estate. The account balance at the end of 2009 was $100,000. In 2010, the required minimum distribution would be $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 2009 at the age of 70, the entire account would have to be distributed by the end of 2014.

Which Table Do You Use To Determine Your Required Minimum Distribution?

There are three different life expectancy tables. The tables are found in Appendix C of this publication. 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.   If you are the owner's surviving spouse and sole designated beneficiary, and the owner had not reached age 70½ 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 70½.

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. After the first distribution year, reduce your life expectancy by one for each subsequent year. If you are the owner's surviving spouse and the sole designated beneficiary, this is generally the year in which the owner would have reached age 70½. After the first distribution year, use your age as of your birthday in each subsequent year.

Example.

You are the owner's designated beneficiary figuring your first required minimum distribution. Distributions must begin in 2011. You became 57 years old in 2011. You use Table I. Your distribution period for 2012 is 26.9 (27.9 – 1) years. Your distribution period for 2013 is 25.9 (27.9 − 2).

Example.

You are the owner's surviving spouse and the sole designated beneficiary. The owner would have turned age 70½ in 2010. Distributions begin in 2010. You become 69 years old in 2010. You use Table 1. Your distribution period for 2010 is 17.8. For 2011, when you are 70 years old, your distribution period is 17.0. For 2012, when you are 71 years old, your distribution period is 16.3.

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 70½. Your combined life expectancy is at the intersection of your ages.

If you are figuring your required minimum distribution for 2011, use your ages as of your birthdays in 2011. 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 70½.

If you are figuring your required minimum distribution for 2011, use your age as of your birthday in 2011. For each subsequent year, use your age as of your birthday in the subsequent year.

Miscellaneous Rules for Required Minimum Distributions

The following rules may apply to you.

Installments allowed.   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.   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, 1939, became 70½ on February 1, 2010. She has two traditional IRAs. She must begin receiving her IRA distributions by April 1, 2011. On December 31, 2009, 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 2010, is the beneficiary of IRA A. Her husband, age 78 as of his birthday in 2010, 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, 2011, 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 70½ year will be credited toward the amount that must be distributed by April 1 of the following year.

Example.

Justin became 70½ on December 15, 2010. Justin's IRA account balance on December 31, 2009, was $38,400. He figured his required minimum distribution for 2010 was $1,401 ($38,400 ÷ 27.4). By December 31, 2010, 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 2011, but his IRA account balance is reduced by the full $3,600 to figure his required minimum distribution for 2011. Justin's reduced IRA account balance on December 31, 2010, was $34,800. Justin figured his required minimum distribution for 2011 is $1,313 ($34,800 ÷ 26.5). During 2011, he must receive distributions of at least that amount.

Multiple individual beneficiaries.   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.   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.

1. The trust is a valid trust under state law, or would be but for the fact that there is no corpus.

2. The trust is irrevocable or will, by its terms, become irrevocable upon the death of the owner.

3. 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.

4. 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.

1. A list of all of the beneficiaries of the trust (including contingent and remaindermen beneficiaries with a description of the conditions on their entitlement).

2. 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.

3. 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.

4. 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.   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?

In general, distributions from a traditional IRA are taxable in the year you receive them.

Failed financial institutions.   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,

- Qualified charitable distributions, discussed below,

- 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.

Qualified Charitable Distributions

Special rules apply if you made a qualified charitable distribution (QCD) in January 2011 that you are electing to treat as made in 2010. See January 2011 QCDs later for more details.

A QCD is generally a nontaxable distribution made directly by the trustee of your IRA (other than a SEP or SIMPLE IRA) to an organization eligible to receive tax-deductible contributions. You must be at least age 70½ when the distribution was made. Also, you must have the same type of acknowledgement of your contribution that you would need to claim a deduction for a charitable contribution. See Records To Keep in Publication 526, Charitable Contributions. The maximum annual exclusion for QCDs is $100,000. Any QCD in excess of the $100,000 exclusion limit is included in income as any other distribution. If you file a joint return, your spouse can also have a QCD and exclude up to $100,000. The amount of the QCD is limited to the amount of the distribution that would otherwise be included in income. If your IRA includes nondeductible contributions, the distribution is first considered to be paid out of otherwise taxable income.

A QCD will count towards your required minimum distribution.

Example.    On November 1, 2010, Jeff, age 75, directed the trustee of his IRA to make a distribution of $25,000 directly to a qualified 501(c)(3) organization (a charitable organization eligible to receive tax-deductible contributions). The total value of Jeff's IRA is $30,000 and consists of $20,000 of deductible contributions and earnings and $10,000 of nondeductible contributions (basis). Since Jeff is at least age 70½ and the distribution is made directly by the trustee to a qualified organization, the part of the distribution that would otherwise be includible in Jeff's income ($20,000) is a QCD. In this case, Jeff has made a QCD of $20,000 (his deductible contributions and earnings). Because Jeff made a distribution of nondeductible contributions from his IRA, he must file Form 8606, Nondeductible IRAs, with his return. Jeff includes the total distribution ($25,000) on line 15a of Form 1040. He completes Form 8606 to determine the amount to enter on line 15b of Form 1040 and the remaining basis in his IRA. Jeff enters -0- on line 15b. This is Jeff's only IRA and he took no other distributions in 2010. He also enters “QCD” next to line 15b to indicate a qualified charitable distribution. After the distribution, his basis in his IRA is $5,000. If Jeff itemizes his deductions and files Schedule A with Form 1040, the $5,000 portion of the distribution attributable to the nondeductible contributions can be deducted as a charitable contribution, subject to AGI limits. He cannot take a charitable contribution deduction for the $20,000 portion of the distribution that was not included in his income.

You cannot claim a charitable contribution deduction for any QCD not included in your income.

January 2011 QCDs.   If you made a QCD in January 2011, you can elect to have it treated as made in 2010. If you make this election, the full amount of the QCD will count towards your 2010 required minimum distribution. However, you must report the QCD on both your 2010 and 2011 tax returns as discussed below.

2010 Reporting.   You will not receive a 2010 Form 1099-R reporting a QCD you made in January 2011 that you are electing to treat as made in 2010. However, you must report the full amount of the QCD on your 2010 Form 1040, line 15a; Form 1040A, line 11a; or Form 1040NR, line 16a (even if it is in excess of the $100,000 QCD exclusion limit). Do not include any of the QCD, including any amount of the QCD in excess of the $100,000 exclusion limit on your 2010 Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line 16b. Be sure to enter “QCD” next to Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line 16b. You will receive a 2011 Form 1099-R in 2012 reporting this QCD.

If your are required to file a 2010 Form 5329 because you failed to take your total required minimum distributions for the year, include the full amount of the January QCD on Form 5329, line 51.

You may be required to file Form 8606 if:

- You took a distribution from your traditional IRA in 2010 (other than the January QCD) in which you have basis. If this is the case, you must reduce your ending balance on Form 8606, line 6, by the full amount of the January QCD. Any QCD, including the January QCD, is not reported on Form 8606, line 7.

- The QCD was from a Roth IRA. Any QCD, including the January QCD, is not reported on Form 8606, line 26.

See the 2010 Form 8606 and its instructions for more information.

2011 Reporting.   You will receive a 2011 Form 1099-R in 2012 reporting a January 2011 QCD. It is anticipated that the January 2011 QCD will be required to be included on your 2011 tax return, so keep records. See the 2011 Publication 590 for more information on reporting January QCDs in 2011.

For determining your 2011 required minimum distribution, reduce your December 31, 2010 IRA balance by the full amount of the January 2011 QCD that you elected to treat as made in 2010.

Ordinary income.   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 retirement plans.

Distributions 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 or rolled over any after-tax amounts 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 and rolled over after-tax amounts (your cost basis) is tax free. If nondeductible contributions have been made or after-tax amounts have been rolled over to your IRA, 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.   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 or rolled over after-tax amounts to any of your traditional IRAs. Using the form, you will figure the nontaxable distributions for 2010, and your total IRA basis for 2010 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 Amounts

If your traditional IRA includes nondeductible contributions and you received a distribution from it in 2010, you must use Form 8606 to figure how much of your 2010 IRA distribution is tax free.

Contribution and distribution in the same year.   If you received a distribution in 2010 from a traditional IRA and you also made contributions to a traditional IRA for 2010 that may not be fully deductible because of the income limits, you can use Worksheet 1-5 to figure how much of your 2010 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.   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.

1. Use Worksheet 1-2 or the IRA Deduction Worksheet in the Form 1040, 1040A, or 1040NR instructions to figure your deductible contributions to traditional IRAs to report on Form 1040, line 32; Form 1040A, line 17; or Form 1040NR, line 32.

2. After you complete Worksheet 1-2 or the IRA deduction worksheet in the form instructions, enter your nondeductible contributions to traditional IRAs on line 1 of Form 8606.

3. Complete lines 2 through 5 of Form 8606.

4. If line 5 of Form 8606 is less than line 8 of Worksheet 1-5, complete lines 6 through 15 of Form 8606 and stop here.

5. 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.

6. Enter the amount from line 8 of Worksheet 1-5 on lines 13 and 17 of Form 8606.

7. Complete line 14 of Form 8606.

8. 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 15 of Form 8606.

Example.

Rose Green has made the following contributions to her traditional IRAs.

Year

Deductible

Nondeductible

2003

2,000

-0-

2004

2,000

-0-

2005

2,000

-0-

2006

1,000

-0-

2007

1,000

-0-

2008

1,000

-0-

2009

700

300

Totals

$9,700

$300

Rose needs to complete Worksheet 1-5, Figuring the Taxable Part of Your IRA Distribution, to determine if her IRA deduction for 2010 will be reduced or eliminated. In 2010, she 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, 2010, and did not recharacterize any contributions. At the end of 2010, 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 2010 is figured on Worksheet 1-5, Figuring the Taxable Part of Your IRA Distribution—Illustrated.

The illustrated Form 8606 for Rose 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.

Note.

There are special rules for 2010 conversions from traditional IRAs to Roth IRAs. Under those rules, Rose would include half of the amount required to be included in income as a result of the conversion in income in 2011 and half in income in 2012. However, Rose elects to include the entire amount in income in 2010. She indicates this election by checking the box on line 19 of her 2010 Form 8606 and entering the amount from line 18 of that Form 8606 on line 19.

For more information on these rules, see Special rules for 2010 conversions from traditional IRAs to Roth IRAs , earlier in this chapter.

Recognizing Losses on Traditional IRA Investments

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 2009 of $2,000. By the end of 2010, 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 2011, 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 2011 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 next.

Distribution of an annuity contract from your 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 (unless the annuity contract is being converted to an annuity held by a Roth IRA). 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 opened (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.   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 70½. 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 Amounts

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.   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 2010.

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.   Some of the letter codes are explained below. All of the codes are explained in the instructions for recipients on Form 1099-R.

B—Designated Roth account distribution.

D—Excess contributions plus earnings/

excess deferrals taxable in 2008.

G—Direct rollover of a distribution (other than a designated Roth account distribution) to a qualified plan, a section 403(b) plan, a governmental section 457(b) plan or an IRA.

H—Direct rollover of a designated Roth account distribution to a Roth IRA.

J—Early distribution from a Roth IRA.

N—Recharacterized IRA contribution made for 2010

and recharacterized in 2010.

P—Excess contributions plus earnings/

excess deferrals taxable in 2009.

Q—Qualified distribution from a Roth IRA.

R—Recharacterized IRA contribution made for 2009

and recharacterized in 2010.

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.   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.   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.   Report fully taxable distributions, including early distributions, on Form 1040, line 15b (no entry is required on line 15a); Form 1040A, line 11b (no entry is required on line 11a); or Form 1040NR, line 16b (no entry is required on line 16a). If only part of the distribution is taxable, enter the total amount on Form 1040, line 15a; Form 1040A, line 11a; or Form 1040NR, line 16a, and enter the taxable part on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line 16b. You cannot report distributions on Form 1040EZ or Form 1040NR-EZ.

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 - Rose Green

Form 8606 - Page 2 - Rose Green

Worksheet 1-5. Figuring the Taxable Part of Your IRA Distribution

1.

Enter the basis in your traditional IRAs as of December 31, 2009

1.

2.

Enter the total of all contributions made to your traditional IRAs during 2010 and all contributions made during 2011 that were for 2010, 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 2

3.

4.

Enter the value of all your traditional IRAs as of December 31, 2010 (include any outstanding rollovers from traditional IRAs to other traditional IRAs).

4.

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 2010. (Do not include outstanding rollovers included on line 4 or any rollovers between traditional IRAs completed by December 31, 2010. Also, do not include certain returned contributions described in the instructions for line 7, Part I, of Form 8606.)

5.

6.

Add lines 4 and 5

6.

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 1.000

7.

8.

Nontaxable portion of the distribution.

Multiply line 5 by line 7. Enter the result here and on lines 13 and 17 of Form 8606

8.

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 15 of Form 8606

9.

10.

Enter the amount included on line 9 that is allocable to amounts converted to Roth IRAs by December 31, 2010. (See Note at the end of this worksheet.) Enter here and on line 18 of Form 8606

10.

11.

Taxable portion of the distribution (after adjustments for conversions).

Subtract line 10 from line 9. Enter the result here and on line 15 of Form 8606

11.

Note. If the amount on line 5 of this worksheet includes an amount converted to a Roth IRA by December 31, 2010, 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.

Worksheet 1-5. Figuring the Taxable Part of Your IRA Distribution—Illustrated

1.

Enter the basis in your traditional IRAs as of December 31, 2009

1.

300

2.

Enter the total of all contributions made to your traditional IRAs during 2010 and all contributions made during 2011 that were for 2010, 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.

2,000

3.

Add lines 1 and 2

3.

2,300

4.

Enter the value of all your traditional IRAs as of December 31, 2010 (include any outstanding rollovers from traditional IRAs to other traditional IRAs)

4.

20,000

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 2010. (Do not include outstanding rollovers included on line 4 or any rollovers between traditional IRAs completed by December 31, 2010. Also, do not include certain returned contributions described in the instructions for line 7, Part I, of Form 8606.)

5.

5,000

6.

Add lines 4 and 5

6.

25,000

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 1.000

7.

.092

8.

Nontaxable portion of the distribution.

Multiply line 5 by line 7. Enter the result here and on lines 13 and 17 of Form 8606

8.

460

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 15 of Form 8606

9.

4,540

10.

Enter the amount included on line 9 that is allocable to amounts converted to Roth IRAs by December 31, 2010. (See Note at the end of this worksheet.) Enter here and on line 18 of Form 8606

10.

4,540

11.

Taxable portion of the distribution (after adjustments for conversions).

Subtract line 10 from line 9. Enter the result here and on line 15 of Form 8606

11.

0

Note. If the amount on line 5 of this worksheet includes an amount converted to a Roth IRA by December 31, 2010, 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 - Bill King $100

What Acts Result in Penalties or Additional Taxes?

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.

Prohibited Transactions

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.   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.   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.   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.   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.   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.   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.

Exempt Transactions

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.

1. The payments are for establishing a traditional IRA or for making additional contributions to it.

2. The IRA is established solely to benefit you, your spouse, and your or your spouse's beneficiaries.

3. During the year, the total fair market value of the payments you receive is not more than:

1. $10 for IRA deposits of less than $5,000, or

2. $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.   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.

Investment in Collectibles

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.

Any amounts that were considered to be distributed when the investment in the collectible was made, and which were included in your income at that time, are not included in your income when the collectible is actually distributed from your IRA.

Collectibles.   These include:

- Artworks,

- Rugs,

- Antiques,

- Metals,

- Gems,

- Stamps,

- Coins,

- Alcoholic beverages, and

- Certain other tangible personal property.

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.

Excess Contributions

Generally, an excess contribution is the amount contributed to your traditional IRAs for the year that is more than the smaller of:

- $5,000 ($6,000 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 70½ 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 combined value of all your IRAs 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 2010, Paul Jones is 45 years old and single, his compensation is $31,000, and he contributed $5,500 to his traditional IRA. Paul has made an excess contribution to his IRA of $500 ($5,500 minus the $5,000 limit). The contribution earned $5 interest in 2010 and $6 interest in 2011 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 2010 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 58. See Paul's filled-in Form 5329.

Form 5329, page 1 Paul Jones

Excess 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.   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.

If you timely filed your 2010 tax return without withdrawing a contribution that you made in 2010, you can still have the contribution returned to you within 6 months of the due date of your 2010 tax return, excluding extensions. If you do, file an amended return with “Filed pursuant to section 301.9100-2” written at the top. Report any related earnings on the amended return and include an explanation of the withdrawal. Make any other necessary changes on the amended return (for example, if you reported the contributions as excess contributions on your original return, include an amended Form 5329 reflecting that the withdrawn contributions are no longer treated as having been contributed).

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.   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 2010 of $1,000, which she withdrew by April 18, 2011, 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 2010 (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 59½ 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 2010.

Excess 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 2010 to your IRA were not more than $5,000 ($6,000 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.   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 if you were age 50 or older), $4,000 for 2005 ($4,500 if you were age 50 or older), $4,000 for 2006 or 2007 ($5,000 if you were age 50 or older), $5,000 for 2008 or 2009 ($6,000 if you were 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.   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 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.

Worksheet 1-6. Excess Contributions Deductible This Year

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 year

1.

2.

IRA contributions for the current year

2.

3.

Subtract line 2 from line 1. If zero (0) or less, enter zero

3.

4.

Excess contributions in IRA at beginning of year

4.

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 year

5.

Example.

Teri was entitled to contribute to her traditional IRA and deduct $1,000 in 2009 and $1,500 in 2010 (the amounts of her taxable compensation for these years). For 2009, she actually contributed $1,400 but could deduct only $1,000. In 2009, $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 2009 return. Because Teri did not withdraw the excess, she owes excise tax of $24 for 2009. To avoid the excise tax for 2010, she can correct the $400 excess amount from 2009 in 2010 if her actual contributions are only $1,100 for 2010 (the allowable deductible contribution of $1,500 minus the $400 excess from 2009 she wants to treat as a deductible contribution in 2010). Teri can deduct $1,500 in 2010 (the $1,100 actually contributed plus the $400 excess contribution from 2009). This is shown on the following worksheet.

Worksheet 1-6. 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 year

1.

1,500

2.

IRA contributions for the current year

2.

1,100

3.

Subtract line 2 from line 1. If zero (0) or less, enter zero

3.

400

4.

Excess contributions in IRA at beginning of year

4.

400

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 year

5.

400

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.

Worksheet 1-7. Excess Contributions Deductible This Year if Any Were Deducted in a Closed Tax Year

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 year

1.

2.

IRA contributions for the current year

2.

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 1

4.

5.

Subtract line 2 from line 4. If zero (0) or less, enter zero

5.

6.

Excess contributions in IRA at beginning of year

6.

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 year

7.

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 generally are amounts distributed from your traditional IRA account or annuity before you are age 59½, or amounts you receive when you cash in retirement bonds before you are age 59½.

Age 59½ Rule

Generally, if you are under age 59½, 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 59½ 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 later under Exceptions. Also see Contributions Returned Before Due Date of Return , earlier.

You may have to pay a 25%, rather than a 10%, additional tax if you receive distributions from a SIMPLE IRA before you are age 59½. See Additional Tax on Early Distributions under When Can You Withdraw or Use Assets, in chapter 3.

After age 59½ and before age 70½.   After you reach age 59½, you can receive distributions without having to pay the 10% additional tax. Even though you can receive distributions after you reach age 59½, distributions are not required until you reach age 70½. See When Must You Withdraw Assets? (Required Minimum Distributions) , earlier.

Exceptions

There are several exceptions to the age 59½ rule. Even if you receive a distribution before you are age 59½, 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.

- The distribution is a qualified reservist distribution.

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 .

Receivership distributions.   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.

Unreimbursed medical expenses.   Even if you are under age 59½, 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; Form 1040A, line 22; or Form 1040NR, line 37.

Medical insurance.   Even if you are under age 59½, 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.

Disabled.   If you become disabled before you reach age 59½, 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.   If you die before reaching age 59½, 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 59½ may be subject to the 10% additional tax.

Annuity.   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 59½. 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. For information on these methods, see Revenue Ruling 2002-62, which is on page 710 of Internal Revenue Bulletin 2002-42 at www.irs.gov/pub/irs-irbs/irb02-42.pdf.

Recapture tax for changes in distribution method under equal payment exception.   You may have to pay an early distribution recapture tax if, before you reach age 59½, the distribution method under the equal periodic payment exception changes (for reasons other than your death or disability). The tax applies if the method changes from the method requiring equal payments to a method that would not have qualified for the exception to the tax. The recapture tax applies to the first tax year to which the change applies. The amount of tax is the amount that would have been imposed had the exception not applied, plus interest for the deferral period.

You may have to pay the recapture tax if you do not receive the payments for at least 5 years under a method that qualifies for the exception. You may have to pay it even if you modify your method of distribution after you reach age 59½. In that case, the tax applies only to payments distributed before you reach age 59½.

Report the recapture tax and interest on line 4 of Form 5329. Attach an explanation to the form. Do not write the explanation next to the line or enter any amount for the recapture on lines 1 or 3 of the form.

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.

Higher education expenses.   Even if you are under age 59½, 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 U.S. 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.   Even if you are under age 59½, 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.

1. It must be used to pay qualified acquisition costs (defined later) before the close of the 120th day after the day you received it.

2. 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.

1. Yourself.

2. Your spouse.

3. Your or your spouse's child.

4. Your or your spouse's grandchild.

5. Your or your spouse's parent or other ancestor.

3. 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.

If you received a distribution to buy, build, or rebuild a first home and the purchase or construction was canceled or delayed, you generally can contribute the amount of the distribution to an IRA within 120 days of the distribution. This contribution is treated as a rollover contribution to the IRA.

Qualified reservist distributions.   A qualified reservist distribution is not subject to the additional tax on early distributions.

Definition.   A distribution you receive is a qualified reservist distribution if the following requirements are met.

- You were ordered or called to active duty after September 11, 2001.

- You were ordered or called to active duty for a period of more than 179 days or for an indefinite period because you are a member of a reserve component.

- The distribution is from an IRA or from amounts attributable to elective deferrals under a section 401(k) or 403(b) plan or a similar arrangement.

- The distribution was made no earlier than the date of the order or call to active duty and no later than the close of the active duty period.

Reserve component.   The term “reserve component” means the:

- Army National Guard of the United States,

- Army Reserve,

- Naval Reserve,

- Marine Corps Reserve,

- Air National Guard of the United States,

- Air Force Reserve,

- Coast Guard Reserve, or

- Reserve Corps of the Public Health Service.

Additional 10% tax

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, page 1 Tom Jones

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 a 10%, early distributions tax.

Nondeductible contributions.   The tax on early distributions does not apply to the part of a distribution that represents a return of your nondeductible contributions (basis).

Excess Accumulations (Insufficient Distributions)

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 70½. The required minimum distribution for any year after the year in which you reach age 70½ 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.   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 waive 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 waived. If you believe you qualify for this relief, attach a statement of explanation and complete Form 5329 as instructed under Waiver of tax in the Instructions for Form 5329.

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 (Required Minimum Distributions) .

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.

You must make up the shortfall by December 31 of the calendar year following the year that you receive increased payments.

Reporting Additional Taxes

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, Form 1040EZ, or Form 1040NR-EZ.

Filing a tax return.   If you must file an individual income tax return, complete Form 5329 and attach it to your Form 1040 or Form 1040NR. Enter the total additional taxes due on Form 1040, line 58, or on Form 1040NR, line 56.

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 or Form 1040NR. 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 “2010 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 58, or on Form 1040NR, line 56. Put “No” to the left of the line 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 or Form 1040NR. You must file Form 5329 to report your additional taxes.

- 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.

2.   Roth IRAs

What's New for 2010

Modified AGI limit for Roth IRA contributions increased. For 2010, your Roth IRA contribution limit is reduced (phased out) in the following situations.

- Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $167,000. You cannot make a Roth IRA contribution if your modified AGI is $177,000 or more.

- Your filing status is single, head of household, or married filing separately and you did not live with your spouse at any time in 2010 and your modified AGI is at least $105,000. You cannot make a Roth IRA contribution if your modified AGI is $120,000 or more.

- Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

See Can You Contribute to a Roth IRA? in this chapter.

Conversions and rollovers to Roth IRAs. Beginning in 2010, the modified AGI and filing status requirements for converting a traditional IRA or rolling over an employer plan to a Roth IRA are eliminated.Also, for any 2010 conversion or rollover from an IRA or employer plan, other than a Roth IRA to a Roth IRA, any amounts that would be included as income will be included in income in equal amounts in 2011 and 2012. You can choose to include the entire amount in income in 2010. See Conversions and Rollover From Employer's Plan to a Roth IRA in this chapter for more details.

Catch-up contributions in certain employer bankruptcies. The provision for additional catch-up contributions in certain employer bankruptcies does not apply for 2010 or later years.

What's New for 2011

Modified AGI limit for Roth IRA contributions increased. For 2011, your Roth IRA contribution limit is reduced (phased out) in the following situations.

- Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $169,000. You cannot make a Roth IRA contribution if your modified AGI is $179,000 or more.

- Your filing status is single, head of household, or married filing separately and you did not live with your spouse at any time in 2011 and your modified AGI is at least $107,000. You cannot make a Roth IRA contribution if your modified AGI is $122,000 or more.

- Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

Reminder

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.

Designated Roth accounts. Designated Roth accounts are separate accounts under 401(k) or 403(b) plans that accept elective deferrals that are referred to as Roth contributions. These elective deferrals are included in your income, but qualified distributions from these accounts are not included in your income. Designated Roth accounts are not IRAs and should not be confused with Roth IRAs. Contributions, up to their respective limits, can be made to Roth IRAs and designated Roth accounts according to your eligibility to participate. A contribution to one does not impact your eligibility to contribute to the other. See Publication 575, for more information on designated Roth accounts.

Introduction

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?

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 later). 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 Opened.

To be a Roth IRA, the account or annuity must be designated as a Roth IRA when it is opened. 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 70½ 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 Opened?

You can open 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?

Generally, you can contribute to a Roth IRA if you have taxable compensation (defined later) and your modified AGI (defined later) is less than:

- $177,000 for married filing jointly or qualifying widow(er),

- $120,000 for single, head of household, or married filing separately and you did not live with your spouse at any time during the year, and

- $10,000 for married filing separately and you lived 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 5.

Is there an age limit for contributions?   Contributions can be made to your Roth IRA regardless of your age.

Can you contribute to a Roth IRA for your spouse?   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 $177,000.

Compensation.   Compensation includes wages, salaries, tips, professional fees, bonuses, and other amounts received for providing personal services. It also includes commissions, self-employment income, nontaxable combat pay, military differential pay, and taxable alimony and separate maintenance payments. For more information, see What Is Compensation? under Who Can Open a Traditional IRA? in chapter 1.

Modified AGI.   Your modified AGI for Roth IRA purposes is your adjusted gross income (AGI) as shown on your return modified as follows.

1. Subtracting the following.

1. Roth IRA conversions included on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line 16b. Conversions are discussed under Can You Move Amounts Into a Roth IRA, later.

2. Roth IRA rollovers from qualified retirement plans included on Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b.

2. Add the following deductions and exclusions:

1. Traditional IRA deduction,

2. Student loan interest deduction,

3. Tuition and fees deduction,

4. Domestic production activities deduction,

5. Foreign earned income exclusion,

6. Foreign housing exclusion or deduction,

7. Exclusion of qualified bond interest shown on Form 8815, and

8. Exclusion of employer-provided adoption benefits shown on Form 8839.

You can use Worksheet 2-1 to figure your modified AGI.

Do not subtract conversion income 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 generally depends on whether contributions are made only to Roth IRAs or to both traditional IRAs and Roth IRAs.

Table 2-1. Effect of Modified AGI on Roth IRA Contribution

This table shows whether your contribution to a Roth IRA is affected by the amount of your modified adjusted gross income (modified AGI).

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 $167,000

you can contribute up to $5,000 ($6,000 if you are age 50 or older) as explained under How Much Can Be Contributed .

at least $167,000

but less than $177,000

the amount you can contribute is reduced as explained under Contribution limit reduced .

$177,000 or more

you cannot contribute to a Roth IRA.

married filing separately and

you lived with your spouse at any

time during the year

zero (-0-)

you can contribute up to $5,000 ($6,000 if you are age 50 or older) as explained under How Much Can Be Contributed .

more than zero (-0-)

but less than $10,000

the 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 year

less than $105,000

you can contribute up to $5,000 ($6,000 if you are age 50 or older) as explained under How Much Can Be Contributed .

at least $105,000

but less than $120,000

the amount you can contribute is reduced as explained under Contribution limit reduced .

$120,000 or more

you cannot contribute to a Roth IRA.

For 2011, the amounts in Table 2-1 increase. For 2011, your Roth IRA contribution limit is reduced (phased out) in the following situations.

- Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $169,000. You cannot make a Roth IRA contribution if your modified AGI is $179,000 or more.

- Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

- Your filing status is different than either of those described above and your modified AGI is at least $107,000. You cannot make a Roth IRA contribution if your modified AGI is $122,000 or more.

Roth IRAs only.   If contributions are made only to Roth IRAs, your contribution limit generally is the lesser of:

- $5,000 ($6,000 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.   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 for the year to all IRAs other than Roth IRAs. Employer contributions under a SEP or SIMPLE IRA plan do not affect this limit.

This means that your contribution limit is the lesser of:

- $5,000 ($6,000 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 later 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.

Repayment of reservist, disaster recovery assistance, and recovery assistance distributions.   You can repay qualified reservist, qualified disaster recovery assistance, and qualified recovery assistance distributions even if the repayments would cause your total contributions to the Roth IRA to be more than the general limit on contributions. However, the total repayments cannot be more than the amount of your distribution.

Note.

If you make repayments of qualified reservist distributions to a Roth IRA, increase your basis in the Roth IRA by the amount of the repayment. If you make repayments of qualified disaster recovery assistance, or qualified recovery assistance distributions to a Roth IRA, the repayment is first considered to be a repayment of earnings. Any repayments of qualified disaster recovery assistance, or qualified recovery assistance distributions in excess of earnings will increase your basis in the Roth IRA by the amount of the repayment in excess of earnings. For more information, see Qualified reservist repayments under How Much Can Be Contributed? in chapter 1 and chapter 4, Disaster-Related Relief .

Contribution limit reduced.   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.

Worksheet 2-1. Modified Adjusted Gross Income for Roth IRA Purposes

Use this worksheet to figure your modified adjusted gross income for Roth IRA purposes.

1.

Enter your adjusted gross income from Form 1040, line 38; Form 1040A, line 22; or Form 1040NR, line 37

1.

2.

Enter any income resulting from the conversion of an IRA (other than a Roth IRA) to a Roth IRA and a rollover from a qualified retirement plan to a Roth IRA

2.

3.

Subtract line 2 from line 1

3.

4.

Enter any traditional IRA deduction from Form 1040, line 32; Form 1040A, line 17; or Form 1040NR, line 32

4.

5.

Enter any student loan interest deduction from Form 1040, line 33; Form 1040A, line 18; or Form 1040NR, line 33

5.

6.

Enter any tuition and fees deduction from Form 1040, line 34 or Form 1040A, line 19

6.

7.

Enter any domestic production activities deduction from Form 1040, line 35, or Form 1040NR, line 34

7.

8.

Enter any foreign earned income exclusion and/or housing exclusion from Form 2555, line 45, or Form 2555-EZ, line 18

8.

9.

Enter any foreign housing deduction from Form 2555, line 50

9.

10.

Enter any excludable qualified savings bond interest from Form 8815, line 14

10.

11.

Enter any excluded employer-provided adoption benefits from Form 8839, line 26

11.

12.

Add the amounts on lines 3 through 11

12.

13.

Enter:

- $177,000 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, or

- $120,000 for all others

13.

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. (If you receive social security benefits, use Worksheet 1 in Appendix B to refigure your AGI.) Then go to list item 2 under Modified AGI earlier or line 3 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.

Figuring the reduction.   If the amount you can contribute must be reduced, figure your reduced contribution limit as follows.

1. Start with your modified AGI.

2. Subtract from the amount in (1):

1. $167,000 if filing a joint return or qualifying widow(er),

2. $-0- if married filing a separate return, and you lived with your spouse at any time during the year, or

3. $105,000 for all other individuals.

3. 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).

4. Multiply the maximum contribution limit (before reduction by this adjustment and before reduction for any contributions to traditional IRAs) by the result in (3).

5. Subtract the result in (4) from the maximum contribution limit before this reduction. The result is your reduced contribution limit.

You can use Worksheet 2-2 to figure the reduction.

Worksheet 2-2. Determining Your Reduced Roth IRA Contribution Limit

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 purposes

1.

2.

Enter:

- $167,000 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 2010, or

- $105,000 for all others

2.

3.

Subtract line 2 from line 1

3.

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, or

- $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 1.000

5.

6.

Enter the lesser of:

- $5,000 ($6,000 if you are age 50 or older), or

- Your taxable compensation

6.

7.

Multiply line 5 by line 6

7.

8.

Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter $200

8.

9.

Enter contributions for the year to other IRAs

9.

10.

Subtract line 9 from line 6

10.

11.

Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit

11.

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 2010. Your modified AGI for 2010 is $106,000. You have not contributed to any traditional IRA, so the maximum contribution limit before the modified AGI reduction is $5,000. Using the steps described earlier, you figure your reduced Roth IRA contribution of $4,670 as shown on the following worksheet.

Worksheet 2-2. 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 purposes

1.

106,000

2.

Enter:

- $167,000 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 2010, or

- $105,000 for all others

2.

105,000

3.

Subtract line 2 from line 1

3.

1,000

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, or

- $15,000 for all others

4.

15,000

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 1.000

5.

.067

6.

Enter the lesser of:

- $5,000 ($6,000 if you are age 50 or older), or

- Your taxable compensation

6.

5,000

7.

Multiply line 5 by line 6

7.

335

8.

Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter $200

8.

4,670

9.

Enter contributions for the year to other IRAs

9.

0

10.

Subtract line 9 from line 6

10.

5,000

11.

Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit

11.

4,670

When Can You Make Contributions?

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 2010 by the due date (not including extensions) for filing your 2010 tax return. This means that most people can make contributions for 2010 by April 18, 2011.

What if You Contribute Too Much?

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:

1. 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 or rolled over from a qualified retirement plan, as described later) that are more than your contribution limit for the year (explained earlier under How Much Can Be Contributed? ), plus

2. Any excess contributions for the preceding year, reduced by the total of:

1. Any distributions out of your Roth IRAs for the year, plus

2. 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 you timely filed your 2010 tax return without withdrawing a contribution that you made in 2010, you can still have the contribution returned to you within 6 months of the due date of your 2010 tax return, excluding extensions. If you do, file an amended return with “Filed pursuant to section 301.9100-2” written at the top. Report any related earnings on the amended return and include an explanation of the withdrawal. Make any other necessary changes on the amended return.

Applying excess contributions.    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?

You may be able to convert amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. You may be able to roll over amounts from a qualified retirement plan to 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 a designated Roth account or from one Roth IRA to another Roth IRA.

Conversions

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.

- 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.

- 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.

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. These amounts are normally included in income on your return for the year that you converted them from a traditional IRA to a Roth IRA. For 2010 conversions, special rules apply. See Special rules for 2010 conversions from traditional IRAs to Roth IRAs, next.

Special rules for 2010 conversions from traditional IRAs to Roth IRAs.   If in 2010, you convert a traditional IRA to a Roth IRA, any amount you must include in income as a result of the conversion is generally included in equal amounts over a 2-year period, beginning in 2011. This means you include one half of the amount in income in 2011 and the other half in income in 2012. You must file Form 8606 to report a conversion from a traditional IRA to a Roth IRA

Election not to use 2-year period.   You can elect to include the total amount of the conversion in income in 2010 rather than in equal amounts over the 2-year period (2011 and 2012). You make the election on Form 8606. If you make this election, you cannot change it after the due date (including extensions) for your 2010 tax return.

Later withdrawals from Roth IRA.   If you include the taxable part of a 2010 conversion in equal amounts over the 2-year period (2011 and 2012) and in 2010 you withdraw from the Roth IRA any amount allocable to the taxable part of the conversion, you will generally have to include in income for 2010 the part of the withdrawal made during the year that is allocable to the taxable part of the conversion.

Any amount allocable to the conversion that is included in income in 2010 because of the distribution from the Roth IRA first reduces the taxable amount that is reportable in income in 2012. The taxable amount that is reportable in income in 2011 is reduced next. The most that can be included in income because of the withdrawal of a conversion amount for any one year is the total amount required to be included in income for 2011 and 2012 minus the amounts included in income in all preceding years in the period.

Death of Roth IRA owner.   If a Roth IRA owner who is including amounts in income ratably over 2011 and 2012 dies before including all of the amounts in income, any amounts not included must generally be included in the owner's gross income for the year of death. However, if the owner's surviving spouse receives the entire interest in all the owner's Roth IRAs, that spouse can elect to continue to ratably include the amounts in income in 2011 and 2012. The election cannot be made or changed after the due date (including extensions) for the surviving spouse's tax return that include the date of the owner's death. Any amount includible in the decedent's (owner's) gross income for the year of death under this rule must be reported on the decedent's final income tax return.

More information.   For more information on conversions, see Converting From Any Traditional IRA Into a Roth IRA in chapter 1.

Rollover From Employer's Plan Into a Roth IRA

You can roll over into a Roth 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 (including a 401(k) plan),

- Annuity plan,

- Tax-sheltered annuity plan (section 403(b) plan), or

- Governmental deferred compensation plan (section 457 plan).

Any amount rolled over is subject to the same rules for converting a traditional IRA into a Roth IRA. See Converting From Any Traditional IRA Into a Roth IRA in chapter 1. Also, the rollover contribution must meet the rollover requirements that apply to the specific type of retirement plan.

Rollover methods.   You can roll over amounts from a qualified retirement plan to a Roth IRA in one of the following ways.

- Rollover. You can receive a distribution from a qualified retirement plan and roll it over (contribute) to a Roth IRA within 60 days after the distribution. Since the distribution is paid directly to you, the payer generally must withhold 20% of it.

- 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 Roth IRA. Generally, no tax is withheld from any part of the designated distribution that is directly paid to the trustee of the Roth IRA.

Income.   You must include in your gross income distributions from a qualified retirement plan that you would have had to include in income if you had not rolled them over into a Roth IRA. You do not include in gross income any part of a distribution from a qualified retirement plan that is a return of contributions (after-tax contributions) to the plan that were taxable to you when paid. These amounts are normally included in income on your return for the year of the rollover from the qualified employer plan to a Roth IRA. For 2010 rollovers, special rules apply. See Special rules for 2010 rollovers from qualified retirement plans into Roth IRAs, next.

Special rules for 2010 rollovers from qualified retirement plans into Roth IRAs.   If in 2010 you roll over an amount from a qualified retirement plan to a Roth IRA, any amount you must include in income as a result of the rollover is generally included in equal amounts over a 2-year period, beginning in 2011. This means you include one half of the amount in income in 2011 and the other half in income in 2012. You must file Form 8606 to report a rollover from a qualified retirement plan to a Roth IRA.

Election not to use 2-year period.   You can elect to include the total amount of the rollover in income in 2010 rather than in equal amounts over the 2-year period (2011 and 2012). You make this election on Form 8606. If you make this election, you cannot change it after the due date (including extensions) for your 2010 tax return.

Special rules may also apply for withdrawals from a Roth IRA after the rollover, and for the death of a Roth IRA owner. See Later withdrawals from the Roth IRA and Death of Roth IRA owner, earlier.

Form 8606.

You must file Form 8606 with your tax return to report 2010 rollovers from qualified retirement plans (other than designated Roth accounts) to Roth IRAs (unless you recharacterized the entire amount), and to figure the amount to include in income. See the instructions for Form 8606 for more information.

Example.

In 2010, Tony converted his traditional IRA to a Roth IRA. The IRA was made up only of deductible contributions and earnings at the time of the conversion and valued at $10,000. Tony would complete Form 8606 and include $5,000 in his taxable income in 2011 and $5,000 in his taxable income in 2012. Alternatively, Tony could elect to include the entire $10,000 in his taxable income in 2010.

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.

For more information on eligible rollover distributions from qualified retirement plans and withholding, see Rollover From Employer's Plan Into an IRA in chapter 1.

Military Death Gratuities and Servicemembers' Group Life Insurance (SGLI) Payments

If you received a military death gratuity or SGLI payment with respect to a death from injury that occurred after October 6, 2001, you can contribute (roll over) all or part of the amount received to your Roth IRA. The contribution is treated as a qualified rollover contribution.

The amount you can roll over to your Roth IRA cannot exceed the total amount that you received reduced by any part of that amount that was contributed to a Coverdell ESA or another Roth IRA. Any military death gratuity or SGLI payment contributed to a Roth IRA is disregarded for purposes of the 1-year waiting period between rollovers.

The rollover must be completed before the end of the 1-year period beginning on the date you received the payment.

The amount contributed to your Roth IRA is treated as part of your cost basis (investment in the contract) in the Roth IRA that is not taxable when distributed.

Rollover From a Roth IRA

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.

A rollover from a designated Roth account can only be made to another designated Roth account or to a Roth IRA.

If you roll over an amount from one Roth IRA to another Roth IRA, the 5-year period used to determine qualified distributions does not change. The 5-year period begins with the first taxable year for which the contribution was made to the initial Roth IRA. See What are Qualified Distributions? later.

Rollover of Exxon Valdez Settlement Income

If you are a qualified taxpayer and you received qualified settlement income, you can contribute all or part of the amount received to an eligible retirement plan which includes a Roth IRA. The rules for contributing qualified settlement income to a Roth IRA are the same as the rules for contributing qualified settlement income to a traditional IRA with the following exception. Qualified settlement income that is contributed to a Roth IRA, or to a designated Roth account, will be:

- Included in your taxable income for the year the qualified settlement income was received, and

- Treated as part of your cost basis (investment in the contract) in the Roth IRA that is not taxable when distributed.

For more information, see Rollover of Exxon Valdez Settlement Income in chapter 1.

Rollover of Airline Payments

If you are a qualified airline employee, you may contribute any portion of an airline payment you receive to a Roth IRA. The contribution must be made within 180 days from the date you received the payment. The contribution will be treated as a qualified rollover contribution. The rollover contribution is included in income to the extent it would be included in income if it were not part of the rollover contribution. Also, any reduction in the airline payment amount on account of employment taxes shall be disregarded when figuring the amount you can contribute to your Roth IRA.

Airline payment.   An airline payment is any payment of money or other property that is paid to a qualified airline employee from a commercial airline carrier. The payment also must be made both:

- Under the approval of an order of federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, and

- In respect of the qualified airline employee's interest in a bankruptcy claim against the airline carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount.

An airline payment amount shall not include any amount payable on the basis of the carrier's future earnings or profits.

Qualified airline employee.   A qualified airline employee is an employee or former employee of a commercial airline carrier who was a participant in a qualified defined benefit plan maintained by the carrier which was terminated or became subject to restrictions under Section 402(b) of the Pension Protection Act of 2006.

For more information, see Form 8935, Airline Payment Report. This form will be sent to you within 90 days following an airline payment. The form will indicate the amount of the airline payment that is eligible to be rolled over to a Roth IRA.

Are Distributions Taxable?

You generally 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.   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.

1. 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

2. The payment or distribution is:

1. Made on or after the date you reach age 59½,

2. Made because you are disabled,

3. Made to a beneficiary or to your estate after your death, or

4. One that meets the requirements listed under First home under Exceptions in chapter 1 (up to a $10,000 lifetime limit).

See below for the text description of the image.

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 Here

This 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 opened 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 End

Process (b)

The distribution from the Roth IRA. is not a qualified distribution. The portion of the distribution allocable to earnings may be subject to tax and it may be subject to the 10% additional tax.

Continue To End

End

This is the ending of the flowchart.

Is Roth Distributions a Qualified Distribution?

Note.

If in 2010 you convert or rollover amounts to a Roth IRA that your are including in income in 2011 and 2012, any amount distributed to you from your Roth IRA in 2010 may have to be included in income if it would otherwise qualify as a qualified distribution. For more information, see the instructions for Form 8606.

Additional Tax on Early Distributions

Note.

If you were sent here from the 2010 Form 5329 Instructions, and you entered amounts on your 2010 Form 8606, lines 20a and 20b, or lines 25a and 25b, do not enter on Form 5329, line 1, any amounts allocated to your 2010 Form 8606, line 18, or line 23.

Example.   In April of 2010, John, age 50, rolls over $20,000 from his traditional IRA to a Roth IRA. This is John's first contribution or rollover to a Roth IRA. There is no basis in the $20,000 rollover. In August of 2010, John withdraws $10,000 from the Roth IRA. When John completes Form 8606 for 2010, he enters $20,000 on lines 16 and 18 of Form 8606, and $10,000 on line 20a and $10,000 on line 20b. Since the $10,000 distribution John received from the Roth IRA is nonqualified, he completes Part IV of Form 8606 and has a taxable distribution of $10,000 on line 36.

This $10,000 nonqualified distribution is an early distribution subject to the 10% additional tax. When John figures the amount to enter on Form 5329, line 1, he will enter $10,000, the amount from Form 8606, line 36. John does not include on line 1, the $10,000 allocated to Form 8606, line 18.

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 and certain rollover 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 or rollover an amount from a qualified retirement plan 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 or rolled over (the conversion or rollover contribution) that you had to include in income. A separate 5-year period applies to each conversion and rollover. See Ordering Rules for Distributions , later, to determine the amount, if any, of the distribution that is attributable to the part of the conversion or rollover 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 or rollover contribution is separately determined for each conversion and rollover, 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, 2010, and makes a regular contribution for 2009 on the same date, the 5-year period for the conversion begins January 1, 2010, while the 5-year period for the regular contribution begins on January 1, 2009.

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 or rollover contribution that you had to include in income because of the conversion or rollover.

You must pay the 10% additional tax in the year of the distribution, even if you had included the conversion or rollover 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 59½.

- 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.

- The distribution is a qualified reservist distribution.

Most of these exceptions are discussed earlier in chapter 1 under Early Distributions .

Ordering Rules for Distributions

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 rollover contributions from qualified retirement plans) 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.

1. Regular contributions.

2. Conversion and rollover contributions, on a first-in first-out basis (generally, total conversions and rollovers from the earliest year first). See Aggregation (grouping and adding) rules, later. Take these conversion and rollover contributions into account as follows:

1. Taxable portion (the amount required to be included in gross income because of the conversion or rollover) first, and then the

2. Nontaxable portion.

3. 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 and rollover contributions made during the year together. For purposes of the ordering rules, in the case of any conversion or rollover in which the conversion or rollover distribution is made in 2010 and the conversion or rollover contribution is made in 2011, treat the conversion or rollover contribution as contributed before any other conversion or rollover contributions made in 2011.

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, 2006, 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, 2010, Justin made a regular contribution of $5,000 to a Roth IRA. On November 8, 2010, at age 60, Justin took a $7,000 distribution from his Roth IRA.

The first $5,000 of the distribution is a return of Justin's regular contribution and is not includible in his income.

The next $2,000 of the distribution is not includible in income because it was included previously.

How Do You Figure the Taxable Part?

To figure the taxable part of a distribution that is not a qualified distribution, complete Form 8606, Part IV. However, if you converted or rolled over amounts to a Roth IRA in 2010, that your are including in income in 2011 and 2012, you will need to complete Form 8606, Part IV for any qualified distributions you received in 2010.

Must You Withdraw or Use Assets?

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 below 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 , below.

Recognizing Losses on Investments

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 Death

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.   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 70½ 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 or a rollover from a qualified retirement plan 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 2010, her Roth IRA contained regular contributions of $4,000, a conversion contribution of $10,000 that was made in 2006, and earnings of $2,000. No distributions had been made from her IRA. She had no basis in the conversion contribution in 2006.

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 2010. 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.

Tax on excess accumulations (insufficient distributions).   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.

3.   Savings Incentive Match Plans for Employees (SIMPLE)

Introduction

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?

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.

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 plan. For more information, see chapter 5.

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.

Self-employed individual.   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.

Note.

The self-employed health insurance deduction, subtracted from Schedule SE, line 3, does not apply when figuring your net earnings from self-employment.

How Are Contributions Made?

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, below.

Matching contributions.   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 limit.   Salary reduction contributions (employee-chosen contributions or elective deferrals) that your employer can make on your behalf under a SIMPLE plan are limited to $11,500 for 2010. The limitation remains $11,500 for 2011.

If you are a participant in any other employer plans during 2010 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 $16,500 for 2010 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 plan if:

- You reached age 50 by the end of 2010, 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 plan is the lesser of the following two amounts.

- $2,500 for 2010, 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 2010, 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 $11,500 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 $391,156 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% × $391,156) were equal to the 2010 limit for salary reduction contributions ($11,500). Because 3% of Joshua's compensation ($11,735) is more than the amount his employer was required to match ($11,500), his employer's matching contributions were limited to $11,500.

In this example, total contributions made on Joshua's behalf for the year were $23,000, the maximum contributions permitted under a SIMPLE IRA for 2010.

Matching contributions less than 3%.   Your employer can reduce the 3% limit on matching contributions for a calendar year, but only if:

1. The limit is not reduced below 1%,

2. 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

3. 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 2010, only $245,000 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.

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 $245,000 of Joshua's compensation, his employer's contribution to Joshua's SIMPLE IRA was limited to $4,900. In this example, total contributions made on Joshua's behalf for the year were $16,400 (Joshua's salary reductions of $11,500 plus his employer's contribution of $4,900).

Traditional IRA 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.

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 this chapter.

Converting from a SIMPLE IRA.   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?

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?

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, below.

Rollovers and Transfers Exception

Generally, rollovers and trustee-to-trustee transfers are not taxable distributions.

Two-year rule.   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.

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 Distributions

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.

4.   Disaster-Related Relief

Tax Relief for Kansas Disaster Area

Special rules provided for tax-favored withdrawals, repayments, and loans from certain retirement plans for individuals who suffered economic losses as a result of the May 4, 2007, Kansas storms and tornadoes and applied to distributions received before 2009 as qualified recovery assistance distributions (defined later). While qualified recovery assistance distributions cannot be made after 2008, the special rules explain how much of a qualified distribution has to be included in income after 2008, and when an amended return must be filed to reduce the amount of a qualified distribution previously included in income as a result of a repayment after 2008.

Qualified Recovery Assistance Distribution

Except as provided below, a qualified recovery assistance distribution is any distribution you received and designated as such from an eligible retirement plan if all of the following apply.

1. The distribution was made after May 3, 2007, and before January 1, 2009.

2. Your main home was located in the Kansas disaster area on May 4, 2007. For a definition of main home, see Publication 4492-A, Information for Taxpayers Affected by the May 4, 2007, Kansas Storms and Tornadoes.

3. You sustained an economic loss because of the storms and tornadoes. Examples of an economic loss include, but are not limited to:

1. Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause;

2. Loss related to displacement from your home; or

3. Loss of livelihood due to temporary or permanent layoffs.

If (1) through (3) above apply, you can generally designate any distribution (including periodic payments and required minimum distributions) from an eligible retirement plan as a qualified recovery assistance distribution, regardless of whether the distribution was made on account of the storms and tornadoes. Qualified recovery assistance distributions are permitted without regard to your need or the actual amount of your economic loss.

The total of your qualified recovery assistance distributions from all plans was limited to $100,000. If you had distributions in excess of $100,000 from more than one type of plan, such as a 401(k) plan and an IRA, you could have allocated the $100,000 limit among the plans any way you choose.

A reduction or offset after May 3, 2007, of your account balance in an eligible retirement plan in order to repay a loan could also have been designated as a qualified recovery assistance distribution.

Taxation of Qualified Recovery Assistance Distributions

Qualified recovery assistance distributions are included in income in equal amounts over three years. However, if you chose, you could have included the entire distribution in your income in the year it was received.

Qualified recovery assistance distributions are not subject to the additional 10% tax (or the additional 25% 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 recovery assistance distribution limit may be subject to the additional tax on early distributions.

Repayment of Qualified Recovery Assistance Distributions

If you choose, you generally can repay any portion of a qualified recovery assistance distribution that is eligible for tax-free rollover treatment to an eligible retirement plan. Also, you can repay a qualified recovery assistance distribution made on account of a hardship from a retirement plan. However, see Exceptions below for qualified recovery assistance distributions you cannot repay.

You have three years from the day after the date you received the distribution to make a repayment. Amounts that are repaid are treated as a qualified rollover and are not included in income. Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA is not considered a qualified rollover. See Form 8915 for more information on how to report repayments.

Exceptions.   You cannot repay the following types of distributions.

1. Qualified recovery assistance distributions received as a beneficiary (other than a surviving spouse).

2. Required minimum distributions.

3. Periodic payments (other than from an IRA) that are for:

1. A period of 10 years or more,

2. Your life or life expectancy, or

3. The joint lives or joint life expectancies of you and your beneficiary.

Amending Your Return

If you make a repayment in 2010, the repayment may reduce the amount of your qualified recovery assistance distributions that were previously included in income. You may need to file an amended return to refigure your taxable income if:

- You elected to include all of your qualified recovery assistance distributions in income in the year of the distributions (not over 3 years) on your original return, and

- The amount of the repayment exceeds the portion of the qualified recovery assistance distributions that are includible in income for 2010, and you choose to carry the excess back to your 2009 (or if applicable, 2007 or 2008) tax return.

File Form 1040X 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.

Tax Relief for Midwestern Disaster Areas

See Tables 1 and 2 in Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas, for a list of the Midwestern disaster areas and the applicable disaster dates.

Special rules provide for tax-favored withdrawals, repayments, and loans from certain retirement plans for taxpayers who suffered economic losses as a result of the Midwestern severe storms, tornadoes, or flooding.

If you receive a qualified disaster recovery assistance distribution, it is taxable but is not subject to the 10% additional tax on early 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 Disaster Recovery Assistance Distribution, later.

Form 8930, Qualified Disaster Recovery Assistance Retirement Plan Distributions and Repayments, is used to report qualified disaster recovery assistance distributions and repayments.

For information on other tax provisions related to these storms, tornadoes, or flooding, see Publication 4492-B.

Qualified Disaster Recovery Assistance Distribution

A qualified disaster recovery assistance distribution is any distribution you received from an eligible retirement plan if all of the following apply.

1. The distribution was made on or after the applicable disaster date and before January 1, 2010.

2. Your main home was located in a Midwestern disaster area on the applicable disaster date. For a definition of main home, see the Form 8930 instructions.

3. You sustained an economic loss because of the severe storms, tornadoes, or flooding and your main home was in a Midwestern disaster area on the applicable disaster date. Examples of an economic loss include, but are not limited to:

1. Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause;

2. Loss related to displacement from your home; or

3. Loss of livelihood due to temporary or permanent layoffs.

If (1) through (3) above apply, you can generally designate any distribution (including periodic payments and required minimum distributions) from an eligible retirement plan as a qualified disaster recovery assistance distribution, regardless of whether the distribution was made on account of the severe storms, tornadoes, or flooding. Qualified disaster recovery assistance distributions are permitted without regard to your need or the actual amount of your economic loss.

A reduction or offset (on or after the applicable disaster date) of your account balance in an eligible retirement plan in order to repay a loan could also have been designated as a qualified disaster recovery assistance distribution.

Distribution limit.   The total of your qualified disaster recovery assistance distributions from all plans was limited to $100,000. If you had distributions in excess of $100,000 from more than one type of plan, such as a 401(k) plan and an IRA, you could have allocated the $100,000 limit among the plans any way you chose.

Taxation of Qualified Disaster Recovery Assistance Distributions

Qualified disaster recovery assistance distributions are included in income in equal amounts over three years. However, if you chose, you could have included the entire distribution in your income in the year it was received.

Qualified disaster recovery assistance distributions are not subject to the additional 10% tax (or the additional 25% 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 disaster recovery assistance distribution limit may be subject to the additional tax on early distributions.

For more information, see Form 8930.

Repayment of Qualified Disaster Recovery Assistance Distributions

If you choose, you generally can repay any portion of a qualified disaster recovery assistance distribution that is eligible for tax-free rollover treatment to an eligible retirement plan. Also, you can repay a qualified disaster recovery assistance distribution made on account of a hardship from a retirement plan. However, see Exceptions later for qualified disaster recovery assistance distributions you cannot repay.

You have three years from the day after the date you received the distribution to make a repayment. Amounts that are repaid are treated as a qualified rollover and are not included in income. Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA is not considered a qualified rollover. See Form 8930 for more information on how to report repayments.

Repayment of distributions if reporting under the 1-year election.   If you chose to include all of your qualified disaster recovery assistance 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 8930 with an amended return. See Amending Your Return , later.

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 2010 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 2010. If you repay a portion after the due date (including extensions) for filing your 2010 return, the repayment will reduce the portion of your distribution that is includible in income for the year it was repaid, the excess may be carried forward or back to reduce the amount included in income for the year to which it was carried.

Example.   Brian received a $90,000 qualified disaster recovery assistance distribution from his pension plan on October 15, 2009. He does not elect to include the entire distribution in his 2009 income. Without any repayments, he would include $30,000 of the distribution in income on each of his 2009, 2010, and 2011 returns. On October 30, 2010, Brian repays $45,000 to an eligible retirement plan. He makes no other repayments during the 3-year period. Brian may report the distribution and repayment in either of the following ways.

- Report $0 in income on his 2010 return, and carry the $15,000 excess repayment ($45,000 - $30,000) forward to 2011 and reduce the amount reported in that year to $15,000, or

- Report $0 in income on his 2010 return, report $30,000 on his 2011 return, and file an amended return for 2009 to reduce the amount previously included in income to $15,000 ($30,000 - $15,000).

Exceptions.   You cannot repay the following types of distributions.

1. Qualified disaster recovery assistance distributions received as a beneficiary (other than a surviving spouse).

2. Required minimum distributions.

3. Periodic payments (other than from an IRA) that are for:

1. A period of 10 years or more,

2. Your life or life expectancy, or

3. The joint lives or joint life expectancies of you and your beneficiary.

Amending Your Return

If after filing your original return, you make a repayment, the repayment may reduce the amount of your qualified disaster recovery assistance 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 disaster recovery assistance 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 disaster recovery assistance distributions that are includible in income for 2010 and you choose to carry the excess back to your 2009 tax return.

Example.   You received a qualified disaster recovery assistance distribution in the amount of $90,000 on September 15, 2009. You choose to spread the $90,000 over 3 years ($30,000 in income for 2009, 2010, and 2011). On October 15, 2010, you make a repayment of $45,000. For 2010, none of the qualified disaster recovery assistance distribution is includible in income. The excess repayment of $15,000 can be carried back to 2009. Also, rather than carry the excess repayment back to 2009, you can carry it forward to 2011.

File Form 1040X 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.

5.   Retirement Savings Contributions Credit (Saver's Credit)

What's New

Modified AGI limit for retirement savings contributions credit increased. For 2010, you may be able to claim the retirement savings contributions credit if your modified AGI is not more than:

- $55,500 if your filing status is married filing jointly,

- $41,625 if your filing status is head of household, or

- $27,750 if your filing status is single, married filing separately, or qualifying widow(er).

Introduction

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.

1. You were born before January 2, 1993.

2. You are not a full-time student (explained below).

3. No one else, such as your parent(s), claims an exemption for you on their tax return.

4. Your adjusted gross income (defined below) is not more than:

1. $55,500 if your filing status is married filing jointly,

2. $41,625 if your filing status is head of household, or

3. $27,750 if your filing status is single, married filing separately, or qualifying widow(er).

Full-time student.   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.   This is generally the amount on line 38 of your 2010 Form 1040; line 22 of your 2010 Form 1040A; or line 37 of your 2010 Form 1040NR. 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

- Income from Puerto Rico.

Eligible contributions.   These include:

1. Contributions to a traditional or Roth IRA,

2. Salary reduction contributions (elective deferrals, including amounts designated as after-tax Roth contributions) to:

1. A 401(k) plan (including a SIMPLE 401(k)),

2. A section 403(b) annuity,

3. An eligible deferred compensation plan of a state or local government (a governmental 457 plan),

4. A SIMPLE IRA plan, or

5. A salary reduction SEP, and

3. 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.

1. The portion of any distribution which is not includible in income because it is a trustee-to-trustee transfer or a rollover distribution.

2. Distributions that are taxable as the result of an in-plan rollover to your designated Roth account.

3. 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:

1. The distribution is made before the due date (including extensions) of your tax return for that year,

2. You do not take a deduction for the contribution, and

3. The distribution includes any income attributable to the contribution.

4. Loans from a qualified employer plan treated as a distribution.

5. Distributions of excess contributions or deferrals (and income attributable to excess contributions and deferrals).

6. Distributions of dividends paid on stock held by an employee stock ownership plan under section 404(k).

7. Distributions from an eligible retirement plan that are converted or rolled over to a Roth IRA.

8. Distributions from a military retirement plan.

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 2008 and 2009, and plan to do so in 2010 and 2011. You received a taxable distribution from a qualified plan in 2008 and a taxable distribution from an eligible deferred compensation plan in 2009. Your spouse received taxable distributions from a Roth IRA in 2010 and tax-free distributions from a Roth IRA in 2011 before April 18. You made eligible contributions to an IRA in 2010 and you otherwise qualify for this credit. You must reduce the amount of your qualifying contributions in 2010 by the total of the distributions you received in 2008, 2009, 2010, and 2011.

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 Credit for child and dependent care expenses, then you will not be entitled to this credit.

How to figure and report the credit.   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 50 of your Form 1040; line 32 of your Form 1040A; or line 47 of your Form 1040NR and attach Form 8880 to your return.

6.   How To Get Tax Help

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.   The Taxpayer Advocate Service (TAS) is an independent organization within the IRS. We help taxpayers who are experiencing economic harm, such as not being able to provide necessities like housing, transportation, or food; taxpayers who are seeking help in resolving tax problems with the IRS; and those who believe that an IRS system or procedure is not working as it should. Here are seven things every taxpayer should know about TAS:

- The Taxpayer Advocate Service is your voice at the IRS.

- Our service is free, confidential, and tailored to meet your needs.

- You may be eligible for our help if you have tried to resolve your tax problem through normal IRS channels and have gotten nowhere, or you believe an IRS procedure just isn't working as it should.

- We help taxpayers whose problems are causing financial difficulty or significant cost, including the cost of professional representation. This includes businesses as well as individuals.

- Our employees know the IRS and how to navigate it. If you qualify for our help, we'll assign your case to an advocate who will listen to your problem, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved.

- We have at least one local taxpayer advocate in every state, the District of Columbia, and Puerto Rico. You can call your local advocate, whose number is in your phone book, in Pub. 1546, Taxpayer Advocate Service—Your Voice at the IRS, and on our website at www.irs.gov/advocate. You can also call our toll-free line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

- You can learn about your rights and responsibilities as a taxpayer by visiting our online tax toolkit at www.taxtoolkit.irs.gov. You can get updates on hot tax topics by visiting our YouTube channel at www.youtube.com/tasnta and our Facebook page at www.facebook.com/YourVoiceAtIRS, or by following our tweets at www.twitter.com/YourVoiceAtIRS.

Low Income Taxpayer Clinics (LITCs).   The Low Income Taxpayer Clinic program serves individuals who have a problem with the IRS and whose income is below a certain level. LITCs are independent from the IRS. Most LITCs can provide representation before the IRS or in court on audits, tax collection disputes, and other issues for free or a small fee. If an individual's native language is not English, some clinics can provide multilingual information about taxpayer rights and responsibilities. For more information, see Publication 4134, Low Income Taxpayer Clinic List. This publication is available at IRS.gov, by calling 1-800-TAX-FORM (1-800-829-3676), or at your local IRS office.

Free tax services.   Publication 910, IRS Guide to Free Tax Services, is your guide to IRS services and resources. Learn about free tax information from the IRS, including publications, services, and education and assistance programs. The publication also has an index of over 100 TeleTax topics (recorded tax information) you can listen to on the telephone. The majority of the information and services listed in this publication are available to you free of charge. If there is a fee associated with a resource or service, it is listed in the publication.

Accessible versions of IRS published products are available on request in a variety of alternative formats for people with disabilities.

Free help with your return.   Free help in preparing your return is available nationwide from IRS-trained volunteers. The Volunteer Income Tax Assistance (VITA) program is designed to help low-income taxpayers and the Tax Counseling for the Elderly (TCE) program is designed to assist taxpayers age 60 and older with their tax returns. Many VITA sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. To find the nearest VITA or TCE site, call 1-800-829-1040.

As part of the TCE program, AARP offers the Tax-Aide counseling program. To find the nearest AARP Tax-Aide site, call 1-888-227-7669 or visit AARP's website at

www.aarp.org/money/taxaide.

For more information on these programs, go to IRS.gov and enter keyword “VITA” in the upper right-hand corner.

Internet. You can access the IRS website at IRS.gov 24 hours a day, 7 days a week 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 2010 refund. Go to IRS.gov and click on Where's My Refund. Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2010 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund.

- Download forms, including talking tax forms, instructions, and publications.

- Order IRS products online.

- Research your tax questions online.

- Search publications online by topic or keyword.

- Use the online Internal Revenue Code, regulations, or other official guidance.

- View Internal Revenue Bulletins (IRBs) published in the last few years.

- Figure your withholding allowances using the withholding calculator online at www.irs.gov/individuals.

- Determine if Form 6251 must be filed by using our Alternative Minimum Tax (AMT) Assistant.

- 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-TAX-FORM (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 to listen to pre-recorded messages covering various tax topics.

- Refund information. To check the status of your 2010 refund, call 1-800-829-1954 or 1-800-829-4477 (automated refund information 24 hours a day, 7 days a week). Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2010 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. If you check the status of your refund and are not given the date it will be issued, please wait until the next week before checking back.

- Other refund information. To check the status of a prior-year refund or amended return refund, call 1-800-829-1040.

Evaluating the quality of our telephone services. To ensure 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 listen in on or record random 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 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 are 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—just walk in. 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. If you have an ongoing, complex tax account problem or a special need, such as a disability, an appointment can be requested. All other issues will be handled without an appointment. To find the number of your local office, 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. You should receive a response within 10 days after your request is received.

DVD for tax products. You can order Publication 1796, IRS Tax Products DVD, and obtain:

- 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.

- Tax Topics from the IRS telephone response system.

- Internal Revenue Code—Title 26 of the U.S. Code.

- Fill-in, print, and save features for most tax forms.

- Internal Revenue Bulletins.

- Toll-free and email technical support.

- Two releases during the year.

– The first release will ship the beginning of January 2011.

– The final release will ship the beginning of March 2011.

Purchase the DVD from National Technical Information Service (NTIS) at www.irs.gov/cdorders for $30 (no handling fee) or call 1-877-233-6767 toll free to buy the DVD for $30 (plus a $6 handling fee).

Publication 590 - Additional Material

Appendices

To help you complete your tax return, use the following appendices that include worksheets, sample forms, and tables.

1. Appendix A — Summary Record of Traditional IRA(s) for 2010 and Worksheet for Determining Required Minimum Distributions.

2. 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.

1. Worksheet 1, Computation of Modified AGI.

2. Worksheet 2, Computation of Traditional IRA Deduction for 2010.

3. Worksheet 3, Computation of Taxable Social Security Benefits.

4. Comprehensive Example and completed worksheets.

3. 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 70½.

1. Table I (Single Life Expectancy).

2. Table II (Joint Life and Last Survivor Expectancy).

3. Table III (Uniform Lifetime).

Appendix A. Summary Record of Traditional IRA(s) for 2010

Name ______________________________________

I was □ covered □ not covered by my employer's retirement plan during the year.

I became 59½ on ______________________________________(month) (day) (year)

I became 70½ on ______________________________________(month) (day) (year)

Contributions

Name of traditional IRA

Date

Amount contributed for 2010

Check if rollover contribution

Fair Market Value of IRA as of December 31, 2010, from Form 5498

1.

2.

3.

4.

5.

6.

7.

8.

Total

Total contributions deducted on tax return

$

Total contributions treated as nondeductible on Form 8606

$

Distributions

Name of traditional IRA

Date

Amount of Distribution

Reason (for example, retirement, rollover, conversion, withdrawal of excess contributions)

Income earned on IRA

Taxable amount reported on income tax return

Nontaxable amount from Form 8606, line 13

1.

2.

3.

4.

5.

6.

7.

8.

Total

Basis of all traditional IRAs for 2010 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) Worksheet for Determining Required Minimum Distributions

1. Age

70½

71½

72½

73½

74½

2. Year age was reached

3. Value of IRA at the close of business on

December 31 of the year immediately prior to the

year on line 2^1

4. Distribution period from Table III or life expectancy

from Life Expectancy Table I or Table II^2

5. Required distribution (divide line 3 by line 4)3

1. Age

75½

76½

77½

78½

79½

2. Year age was reached

3. Value of IRA at the close of business on

December 31 of the year immediately prior to the

year on line 2^1

4. Distribution period from Table III or life expectancy

from Life Expectancy Table I or Table II^2

5. Required distribution (divide line 3 by line 4)3

1. Age

80½

81½

82½

83½

84½

2. Year age was reached

3. Value of IRA at the close of business on

December 31 of the year immediately prior to the

year on line 2^1

4. Distribution period from Table III or life expectancy

from Life Expectancy Table I or Table II^2

5. Required distribution (divide line 3 by line 4)3

1. Age

85½

86½

87½

88½

89½

2. Year age was reached

3. Value of IRA at the close of business on

December 31 of the year immediately prior to the

year on line 2^1

4. Distribution period from Table III or life expectancy

from Life Expectancy Table I or Table II^2

5. Required distribution (divide line 3 by line 4)3

1If 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 IRA

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 1

Computation 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 year

1.

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-1099

2.

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 1040A

5.

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 zero, 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 2

Computation of Traditional IRA Deduction For 2010

(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 or qualifying widow(er)

$89,000*

$109,000

married filing jointly (you are not covered by an employer plan but your spouse is)

$167,000*

$177,000

single, or head of household

$56,000*

$66,000

married filing separately**

$0*

$10,000

*If your modified AGI is not over this amount, you can take an IRA deduction for your contributions of up to the lesser of $5,000 ($6,000 if you are age 50) 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 1

3.

4.

Multiply line 3 by the percentage below that applies to you. 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.

- Married filing jointly or qualifying widow(er) and you are covered by an employer plan, multiply line 3 by 25% (.25) (by 30% (.30) if you are age 50 or older).

- All others, multiply line 3 by 50% (.50) (by 60% (.60) if you are age 50 or older).

4.

5.

Enter your compensation minus any deductions on Form 1040 or Form 1040NR, 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 2010, but do not enter more than $5,000 ($6,000 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 3

Computation 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

year

1.

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) 2

2.

3.

Subtract line 2 from line 1

3.

4.

Enter amount in box 5 of all Forms SSA-1099 and Forms RRB-1099

4.

5.

Enter one-half of line 4

5.

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 zero, 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 -0-

16.

17.

Add lines 15 and 16

17.

18.

Multiply line 4 by .85

18.

19.

Taxable social security benefits. Enter the smaller of line 17 or line 18

19.

Appendix B. (Continued)

Comprehensive Example

Determining 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 2010 wages of $88,500. His wife did not work in 2010. He also received social security benefits of $12,000 and made a $6,000 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 2010 IRA deduction is $3,090. He must either withdraw the contributions that are more than the deduction (the $2,910 shown on line 8 of Worksheet 2), or treat the excess amounts as nondeductible contributions (in which case he must complete Form 8606 and attach it to his Form 1040).

The completed worksheets that follow show how John figured his modified AGI to determine the IRA deduction and the taxable social security benefits to report on his Form 1040.

Worksheet 1

Computation 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 year

1.

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.

88,500

2.

Enter the amount in box 5 of all Forms SSA-1099 and Forms RRB-1099

2.

12,000

3.

Enter one-half of line 2

3.

6,000

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.

0

5.

Enter the amount of any tax-exempt interest reported on line 8b of Form 1040 or 1040A

5.

0

6.

Add lines 1, 3, 4, and 5

6.

94,500

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.

32,000

8.

Subtract line 7 from line 6. If zero or less, enter -0- on this line

8.

62,500

9.

If line 8 is zero, stop here. None of your social security benefits are taxable.

If line 8 is more than zero, 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.

12,000

10.

Subtract line 9 from line 8. If zero or less, enter -0-

10.

50,500

11.

Enter the smaller of line 8 or line 9

11.

12,000

12.

Enter one-half of line 11

12.

6,000

13.

Enter the smaller of line 3 or line 12

13.

6,000

14.

Multiply line 10 by .85. If line 10 is zero, enter -0-

14.

42,925

15.

Add lines 13 and 14

15.

48,925

16.

Multiply line 2 by .85

16.

10,200

17.

Taxable benefits to be included in modified AGI for traditional IRA deduction purposes.

Enter the smaller of line 15 or line 16

17.

10,200

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.

0

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.

98,700

Appendix B. (Continued)

Worksheet 2

Computation of Traditional IRA Deduction For 2010

(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 or qualifying widow(er)

$89,000*

$109,000

married filing jointly (you are not covered by an employer plan but your spouse is)

$167,000*

$177,000

single, or head of household

$56,000*

$66,000

married filing separately**

$0*

$10,000

*If your modified AGI is not over this amount, you can take an IRA deduction for your contributions of up to the lesser of $5,000 ($6,000 if you are age 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.

109,000

2.

Enter your modified AGI from Worksheet 1, line 19

2.

98,700

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 1

3.

10,300

4.

Multiply line 3 by the percentage below that applies to you. 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.

- Married filing jointly or qualifying widow(er) and you are covered by an employer plan, multiply line 3 by 25% (.25) (by 30% (.30) if you are age 50 or older).

- All others, multiply line 3 by 50% (.50) (by 60% (.60) if you are age 50 or older).

4.

3,090

5.

Enter your compensation minus any deductions on Form 1040 or Form 1040NR, 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.

88,500

6.

Enter contributions you made, or plan to make, to your traditional IRA for 2010, but do not enter more than $5,000 ($6,000 if you are age 50 or older)

6.

6,000

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.

3,090

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.

2,910

Appendix B. (Continued)

Worksheet 3

Computation 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

year

1.

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.

88,500

2.

Deduction(s) from line 7 of Worksheet(s) 2

2.

3,090

3.

Subtract line 2 from line 1

3.

85,410

4.

Enter amount in box 5 of all Forms SSA-1099 and Forms RRB-1099

4.

12,000

5.

Enter one-half of line 4

5.

6,000

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.

0

7.

Enter the amount of any tax-exempt interest reported on line 8b of Form 1040 or 1040A

7.

0

8.

Add lines 3, 5, 6, and 7

8.

91,410

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.

32,000

10.

Subtract line 9 from line 8. If zero or less, enter -0- on this line.

10.

59,410

11.

If line 10 is zero, stop here. None of your social security benefits are taxable.

If line 10 is more than zero, 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.

12,000

12.

Subtract line 11 from line 10. If zero or less, enter -0-

12.

47,410

13.

Enter the smaller of line 10 or line 11

13.

12,000

14.

Enter one-half of line 13 .

14.

6,000

15.

Enter the smaller of line 5 or line 14

15.

6,000

16.

Multiply line 12 by .85. If line 12 is zero, enter -0-

16.

40,299

17.

Add lines 15 and 16

17.

46,299

18.

Multiply line 4 by .85

18.

10,200

19.

Taxable social security benefits. Enter the smaller of line 17 or line 18

19.

10,200

Appendix C. Life Expectancy Tables

Table I

(Single Life Expectancy)

(For Use by Beneficiaries)

Age

Life Expectancy

Age

Life Expectancy

0

82.4

28

55.3

1

81.6

29

54.3

2

80.6

30

53.3

3

79.7

31

52.4

4

78.7

32

51.4

5

77.7

33

50.4

6

76.7

34

49.4

7

75.8

35

48.5

8

74.8

36

47.5

9

73.8

37

46.5

10

72.8

38

45.6

11

71.8

39

44.6

12

70.8

40

43.6

13

69.9

41

42.7

14

68.9

42

41.7

15

67.9

43

40.7

16

66.9

44

39.8

17

66.0

45

38.8

18

65.0

46

37.9

19

64.0

47

37.0

20

63.0

48

36.0

21

62.1

49

35.1

22

61.1

50

34.2

23

60.1

51

33.3

24

59.1

52

32.3

25

58.2

53

31.4

26

57.2

54

30.5

27

56.2

55

29.6

Appendix C. (Continued)

Table I

(Single Life Expectancy)

(For Use by Beneficiaries)

Age

Life Expectancy

Age

Life Expectancy

56

28.7

84

8.1

57

27.9

85

7.6

58

27.0

86

7.1

59

26.1

87

6.7

60

25.2

88

6.3

61

24.4

89

5.9

62

23.5

90

5.5

63

22.7

91

5.2

64

21.8

92

4.9

65

21.0

93

4.6

66

20.2

94

4.3

67

19.4

95

4.1

68

18.6

96

3.8

69

17.8

97

3.6

70

17.0

98

3.4

71

16.3

99

3.1

72

15.5

100

2.9

73

14.8

101

2.7

74

14.1

102

2.5

75

13.4

103

2.3

76

12.7

104

2.1

77

12.1

105

1.9

78

11.4

106

1.7

79

10.8

107

1.5

80

10.2

108

1.4

81

9.7

109

1.2

82

9.1

110

1.1

83

8.6

111 and over

1.0

Appendix C. Life Expectancy Tables (Continued)

Table II

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

20

21

22

23

24

25

26

27

28

29

20

70.1

69.6

69.1

68.7

68.3

67.9

67.5

67.2

66.9

66.6

21

69.6

69.1

68.6

68.2

67.7

67.3

66.9

66.6

66.2

65.9

22

69.1

68.6

68.1

67.6

67.2

66.7

66.3

65.9

65.6

65.2

23

68.7

68.2

67.6

67.1

66.6

66.2

65.7

65.3

64.9

64.6

24

68.3

67.7

67.2

66.6

66.1

65.6

65.2

64.7

64.3

63.9

25

67.9

67.3

66.7

66.2

65.6

65.1

64.6

64.2

63.7

63.3

26

67.5

66.9

66.3

65.7

65.2

64.6

64.1

63.6

63.2

62.8

27

67.2

66.6

65.9

65.3

64.7

64.2

63.6

63.1

62.7

62.2

28

66.9

66.2

65.6

64.9

64.3

63.7

63.2

62.7

62.1

61.7

29

66.6

65.9

65.2

64.6

63.9

63.3

62.8

62.2

61.7

61.2

30

66.3

65.6

64.9

64.2

63.6

62.9

62.3

61.8

61.2

60.7

31

66.1

65.3

64.6

63.9

63.2

62.6

62.0

61.4

60.8

60.2

32

65.8

65.1

64.3

63.6

62.9

62.2

61.6

61.0

60.4

59.8

33

65.6

64.8

64.1

63.3

62.6

61.9

61.3

60.6

60.0

59.4

34

65.4

64.6

63.8

63.1

62.3

61.6

60.9

60.3

59.6

59.0

35

65.2

64.4

63.6

62.8

62.1

61.4

60.6

59.9

59.3

58.6

36

65.0

64.2

63.4

62.6

61.9

61.1

60.4

59.6

59.0

58.3

37

64.9

64.0

63.2

62.4

61.6

60.9

60.1

59.4

58.7

58.0

38

64.7

63.9

63.0

62.2

61.4

60.6

59.9

59.1

58.4

57.7

39

64.6

63.7

62.9

62.1

61.2

60.4

59.6

58.9

58.1

57.4

40

64.4

63.6

62.7

61.9

61.1

60.2

59.4

58.7

57.9

57.1

41

64.3

63.5

62.6

61.7

60.9

60.1

59.3

58.5

57.7

56.9

42

64.2

63.3

62.5

61.6

60.8

59.9

59.1

58.3

57.5

56.7

43

64.1

63.2

62.4

61.5

60.6

59.8

58.9

58.1

57.3

56.5

44

64.0

63.1

62.2

61.4

60.5

59.6

58.8

57.9

57.1

56.3

45

64.0

63.0

62.2

61.3

60.4

59.5

58.6

57.8

56.9

56.1

46

63.9

63.0

62.1

61.2

60.3

59.4

58.5

57.7

56.8

56.0

47

63.8

62.9

62.0

61.1

60.2

59.3

58.4

57.5

56.7

55.8

48

63.7

62.8

61.9

61.0

60.1

59.2

58.3

57.4

56.5

55.7

49

63.7

62.8

61.8

60.9

60.0

59.1

58.2

57.3

56.4

55.6

50

63.6

62.7

61.8

60.8

59.9

59.0

58.1

57.2

56.3

55.4

51

63.6

62.6

61.7

60.8

59.9

58.9

58.0

57.1

56.2

55.3

52

63.5

62.6

61.7

60.7

59.8

58.9

58.0

57.1

56.1

55.2

53

63.5

62.5

61.6

60.7

59.7

58.8

57.9

57.0

56.1

55.2

54

63.5

62.5

61.6

60.6

59.7

58.8

57.8

56.9

56.0

55.1

55

63.4

62.5

61.5

60.6

59.6

58.7

57.8

56.8

55.9

55.0

56

63.4

62.4

61.5

60.5

59.6

58.7

57.7

56.8

55.9

54.9

57

63.4

62.4

61.5

60.5

59.6

58.6

57.7

56.7

55.8

54.9

58

63.3

62.4

61.4

60.5

59.5

58.6

57.6

56.7

55.8

54.8

59

63.3

62.3

61.4

60.4

59.5

58.5

57.6

56.7

55.7

54.8

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

20

21

22

23

24

25

26

27

28

29

60

63.3

62.3

61.4

60.4

59.5

58.5

57.6

56.6

55.7

54.7

61

63.3

62.3

61.3

60.4

59.4

58.5

57.5

56.6

55.6

54.7

62

63.2

62.3

61.3

60.4

59.4

58.4

57.5

56.5

55.6

54.7

63

63.2

62.3

61.3

60.3

59.4

58.4

57.5

56.5

55.6

54.6

64

63.2

62.2

61.3

60.3

59.4

58.4

57.4

56.5

55.5

54.6

65

63.2

62.2

61.3

60.3

59.3

58.4

57.4

56.5

55.5

54.6

66

63.2

62.2

61.2

60.3

59.3

58.4

57.4

56.4

55.5

54.5

67

63.2

62.2

61.2

60.3

59.3

58.3

57.4

56.4

55.5

54.5

68

63.1

62.2

61.2

60.2

59.3

58.3

57.4

56.4

55.4

54.5

69

63.1

62.2

61.2

60.2

59.3

58.3

57.3

56.4

55.4

54.5

70

63.1

62.2

61.2

60.2

59.3

58.3

57.3

56.4

55.4

54.4

71

63.1

62.1

61.2

60.2

59.2

58.3

57.3

56.4

55.4

54.4

72

63.1

62.1

61.2

60.2

59.2

58.3

57.3

56.3

55.4

54.4

73

63.1

62.1

61.2

60.2

59.2

58.3

57.3

56.3

55.4

54.4

74

63.1

62.1

61.2

60.2

59.2

58.2

57.3

56.3

55.4

54.4

75

63.1

62.1

61.1

60.2

59.2

58.2

57.3

56.3

55.3

54.4

76

63.1

62.1

61.1

60.2

59.2

58.2

57.3

56.3

55.3

54.4

77

63.1

62.1

61.1

60.2

59.2

58.2

57.3

56.3

55.3

54.4

78

63.1

62.1

61.1

60.2

59.2

58.2

57.3

56.3

55.3

54.4

79

63.1

62.1

61.1

60.2

59.2

58.2

57.2

56.3

55.3

54.3

80

63.1

62.1

61.1

60.1

59.2

58.2

57.2

56.3

55.3

54.3

81

63.1

62.1

61.1

60.1

59.2

58.2

57.2

56.3

55.3

54.3

82

63.1

62.1

61.1

60.1

59.2

58.2

57.2

56.3

55.3

54.3

83

63.1

62.1

61.1

60.1

59.2

58.2

57.2

56.3

55.3

54.3

84

63.0

62.1

61.1

60.1

59.2

58.2

57.2

56.3

55.3

54.3

85

63.0

62.1

61.1

60.1

59.2

58.2

57.2

56.3

55.3

54.3

86

63.0

62.1

61.1

60.1

59.2

58.2

57.2

56.2

55.3

54.3

87

63.0

62.1

61.1

60.1

59.2

58.2

57.2

56.2

55.3

54.3

88

63.0

62.1

61.1

60.1

59.2

58.2

57.2

56.2

55.3

54.3

89

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

90

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

91

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

92

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

93

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

94

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

95

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

96

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

97

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

98

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

99

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

20

21

22

23

24

25

26

27

28

29

100

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

101

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

102

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

103

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

104

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

105

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

106

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

107

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

108

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

109

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

110

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

111

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

112

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

113

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

114

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

115+

63.0

62.1

61.1

60.1

59.1

58.2

57.2

56.2

55.3

54.3

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

30

31

32

33

34

35

36

37

38

39

30

60.2

59.7

59.2

58.8

58.4

58.0

57.6

57.3

57.0

56.7

31

59.7

59.2

58.7

58.2

57.8

57.4

57.0

56.6

56.3

56.0

32

59.2

58.7

58.2

57.7

57.2

56.8

56.4

56.0

55.6

55.3

33

58.8

58.2

57.7

57.2

56.7

56.2

55.8

55.4

55.0

54.7

34

58.4

57.8

57.2

56.7

56.2

55.7

55.3

54.8

54.4

54.0

35

58.0

57.4

56.8

56.2

55.7

55.2

54.7

54.3

53.8

53.4

36

57.6

57.0

56.4

55.8

55.3

54.7

54.2

53.7

53.3

52.8

37

57.3

56.6

56.0

55.4

54.8

54.3

53.7

53.2

52.7

52.3

38

57.0

56.3

55.6

55.0

54.4

53.8

53.3

52.7

52.2

51.7

39

56.7

56.0

55.3

54.7

54.0

53.4

52.8

52.3

51.7

51.2

40

56.4

55.7

55.0

54.3

53.7

53.0

52.4

51.8

51.3

50.8

41

56.1

55.4

54.7

54.0

53.3

52.7

52.0

51.4

50.9

50.3

42

55.9

55.2

54.4

53.7

53.0

52.3

51.7

51.1

50.4

49.9

43

55.7

54.9

54.2

53.4

52.7

52.0

51.3

50.7

50.1

49.5

44

55.5

54.7

53.9

53.2

52.4

51.7

51.0

50.4

49.7

49.1

45

55.3

54.5

53.7

52.9

52.2

51.5

50.7

50.0

49.4

48.7

46

55.1

54.3

53.5

52.7

52.0

51.2

50.5

49.8

49.1

48.4

47

55.0

54.1

53.3

52.5

51.7

51.0

50.2

49.5

48.8

48.1

48

54.8

54.0

53.2

52.3

51.5

50.8

50.0

49.2

48.5

47.8

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

30

31

32

33

34

35

36

37

38

39

49

54.7

53.8

53.0

52.2

51.4

50.6

49.8

49.0

48.2

47.5

50

54.6

53.7

52.9

52.0

51.2

50.4

49.6

48.8

48.0

47.3

51

54.5

53.6

52.7

51.9

51.0

50.2

49.4

48.6

47.8

47.0

52

54.4

53.5

52.6

51.7

50.9

50.0

49.2

48.4

47.6

46.8

53

54.3

53.4

52.5

51.6

50.8

49.9

49.1

48.2

47.4

46.6

54

54.2

53.3

52.4

51.5

50.6

49.8

48.9

48.1

47.2

46.4

55

54.1

53.2

52.3

51.4

50.5

49.7

48.8

47.9

47.1

46.3

56

54.0

53.1

52.2

51.3

50.4

49.5

48.7

47.8

47.0

46.1

57

54.0

53.0

52.1

51.2

50.3

49.4

48.6

47.7

46.8

46.0

58

53.9

53.0

52.1

51.2

50.3

49.4

48.5

47.6

46.7

45.8

59

53.8

52.9

52.0

51.1

50.2

49.3

48.4

47.5

46.6

45.7

60

53.8

52.9

51.9

51.0

50.1

49.2

48.3

47.4

46.5

45.6

61

53.8

52.8

51.9

51.0

50.0

49.1

48.2

47.3

46.4

45.5

62

53.7

52.8

51.8

50.9

50.0

49.1

48.1

47.2

46.3

45.4

63

53.7

52.7

51.8

50.9

49.9

49.0

48.1

47.2

46.3

45.3

64

53.6

52.7

51.8

50.8

49.9

48.9

48.0

47.1

46.2

45.3

65

53.6

52.7

51.7

50.8

49.8

48.9

48.0

47.0

46.1

45.2

66

53.6

52.6

51.7

50.7

49.8

48.9

47.9

47.0

46.1

45.1

67

53.6

52.6

51.7

50.7

49.8

48.8

47.9

46.9

46.0

45.1

68

53.5

52.6

51.6

50.7

49.7

48.8

47.8

46.9

46.0

45.0

69

53.5

52.6

51.6

50.6

49.7

48.7

47.8

46.9

45.9

45.0

70

53.5

52.5

51.6

50.6

49.7

48.7

47.8

46.8

45.9

44.9

71

53.5

52.5

51.6

50.6

49.6

48.7

47.7

46.8

45.9

44.9

72

53.5

52.5

51.5

50.6

49.6

48.7

47.7

46.8

45.8

44.9

73

53.4

52.5

51.5

50.6

49.6

48.6

47.7

46.7

45.8

44.8

74

53.4

52.5

51.5

50.5

49.6

48.6

47.7

46.7

45.8

44.8

75

53.4

52.5

51.5

50.5

49.6

48.6

47.7

46.7

45.7

44.8

76

53.4

52.4

51.5

50.5

49.6

48.6

47.6

46.7

45.7

44.8

77

53.4

52.4

51.5

50.5

49.5

48.6

47.6

46.7

45.7

44.8

78

53.4

52.4

51.5

50.5

49.5

48.6

47.6

46.6

45.7

44.7

79

53.4

52.4

51.5

50.5

49.5

48.6

47.6

46.6

45.7

44.7

80

53.4

52.4

51.4

50.5

49.5

48.5

47.6

46.6

45.7

44.7

81

53.4

52.4

51.4

50.5

49.5

48.5

47.6

46.6

45.7

44.7

82

53.4

52.4

51.4

50.5

49.5

48.5

47.6

46.6

45.6

44.7

83

53.4

52.4

51.4

50.5

49.5

48.5

47.6

46.6

45.6

44.7

84

53.4

52.4

51.4

50.5

49.5

48.5

47.6

46.6

45.6

44.7

85

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.7

86

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

87

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

88

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

30

31

32

33

34

35

36

37

38

39

89

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

90

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

91

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

92

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

93

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

94

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.6

45.6

44.6

95

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

96

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

97

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

98

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

99

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

100

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

101

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

102

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

103

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

104

53.3

52.4

51.4

50.4

49.5

48.5

47.5

46.5

45.6

44.6

105

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

106

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

107

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

108

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

109

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

110

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

111

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

112

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

113

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

114

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

115+

53.3

52.4

51.4

50.4

49.4

48.5

47.5

46.5

45.6

44.6

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

40

41

42

43

44

45

46

47

48

49

40

50.2

49.8

49.3

48.9

48.5

48.1

47.7

47.4

47.1

46.8

41

49.8

49.3

48.8

48.3

47.9

47.5

47.1

46.7

46.4

46.1

42

49.3

48.8

48.3

47.8

47.3

46.9

46.5

46.1

45.8

45.4

43

48.9

48.3

47.8

47.3

46.8

46.3

45.9

45.5

45.1

44.8

44

48.5

47.9

47.3

46.8

46.3

45.8

45.4

44.9

44.5

44.2

45

48.1

47.5

46.9

46.3

45.8

45.3

44.8

44.4

44.0

43.6

46

47.7

47.1

46.5

45.9

45.4

44.8

44.3

43.9

43.4

43.0

47

47.4

46.7

46.1

45.5

44.9

44.4

43.9

43.4

42.9

42.4

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

40

41

42

43

44

45

46

47

48

49

48

47.1

46.4

45.8

45.1

44.5

44.0

43.4

42.9

42.4

41.9

49

46.8

46.1

45.4

44.8

44.2

43.6

43.0

42.4

41.9

41.4

50

46.5

45.8

45.1

44.4

43.8

43.2

42.6

42.0

41.5

40.9

51

46.3

45.5

44.8

44.1

43.5

42.8

42.2

41.6

41.0

40.5

52

46.0

45.3

44.6

43.8

43.2

42.5

41.8

41.2

40.6

40.1

53

45.8

45.1

44.3

43.6

42.9

42.2

41.5

40.9

40.3

39.7

54

45.6

44.8

44.1

43.3

42.6

41.9

41.2

40.5

39.9

39.3

55

45.5

44.7

43.9

43.1

42.4

41.6

40.9

40.2

39.6

38.9

56

45.3

44.5

43.7

42.9

42.1

41.4

40.7

40.0

39.3

38.6

57

45.1

44.3

43.5

42.7

41.9

41.2

40.4

39.7

39.0

38.3

58

45.0

44.2

43.3

42.5

41.7

40.9

40.2

39.4

38.7

38.0

59

44.9

44.0

43.2

42.4

41.5

40.7

40.0

39.2

38.5

37.8

60

44.7

43.9

43.0

42.2

41.4

40.6

39.8

39.0

38.2

37.5

61

44.6

43.8

42.9

42.1

41.2

40.4

39.6

38.8

38.0

37.3

62

44.5

43.7

42.8

41.9

41.1

40.3

39.4

38.6

37.8

37.1

63

44.5

43.6

42.7

41.8

41.0

40.1

39.3

38.5

37.7

36.9

64

44.4

43.5

42.6

41.7

40.8

40.0

39.2

38.3

37.5

36.7

65

44.3

43.4

42.5

41.6

40.7

39.9

39.0

38.2

37.4

36.6

66

44.2

43.3

42.4

41.5

40.6

39.8

38.9

38.1

37.2

36.4

67

44.2

43.3

42.3

41.4

40.6

39.7

38.8

38.0

37.1

36.3

68

44.1

43.2

42.3

41.4

40.5

39.6

38.7

37.9

37.0

36.2

69

44.1

43.1

42.2

41.3

40.4

39.5

38.6

37.8

36.9

36.0

70

44.0

43.1

42.2

41.3

40.3

39.4

38.6

37.7

36.8

35.9

71

44.0

43.0

42.1

41.2

40.3

39.4

38.5

37.6

36.7

35.9

72

43.9

43.0

42.1

41.1

40.2

39.3

38.4

37.5

36.6

35.8

73

43.9

43.0

42.0

41.1

40.2

39.3

38.4

37.5

36.6

35.7

74

43.9

42.9

42.0

41.1

40.1

39.2

38.3

37.4

36.5

35.6

75

43.8

42.9

42.0

41.0

40.1

39.2

38.3

37.4

36.5

35.6

76

43.8

42.9

41.9

41.0

40.1

39.1

38.2

37.3

36.4

35.5

77

43.8

42.9

41.9

41.0

40.0

39.1

38.2

37.3

36.4

35.5

78

43.8

42.8

41.9

40.9

40.0

39.1

38.2

37.2

36.3

35.4

79

43.8

42.8

41.9

40.9

40.0

39.1

38.1

37.2

36.3

35.4

80

43.7

42.8

41.8

40.9

40.0

39.0

38.1

37.2

36.3

35.4

81

43.7

42.8

41.8

40.9

39.9

39.0

38.1

37.2

36.2

35.3

82

43.7

42.8

41.8

40.9

39.9

39.0

38.1

37.1

36.2

35.3

83

43.7

42.8

41.8

40.9

39.9

39.0

38.0

37.1

36.2

35.3

84

43.7

42.7

41.8

40.8

39.9

39.0

38.0

37.1

36.2

35.3

85

43.7

42.7

41.8

40.8

39.9

38.9

38.0

37.1

36.2

35.2

86

43.7

42.7

41.8

40.8

39.9

38.9

38.0

37.1

36.1

35.2

87

43.7

42.7

41.8

40.8

39.9

38.9

38.0

37.0

36.1

35.2

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

40

41

42

43

44

45

46

47

48

49

88

43.7

42.7

41.8

40.8

39.9

38.9

38.0

37.0

36.1

35.2

89

43.7

42.7

41.7

40.8

39.8

38.9

38.0

37.0

36.1

35.2

90

43.7

42.7

41.7

40.8

39.8

38.9

38.0

37.0

36.1

35.2

91

43.7

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.2

92

43.7

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.1

93

43.7

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.1

94

43.7

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.1

95

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.1

96

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.1

97

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.1

35.1

98

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.0

35.1

99

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.0

35.1

100

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.0

35.1

101

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.0

35.1

102

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.0

35.1

103

43.6

42.7

41.7

40.8

39.8

38.9

37.9

37.0

36.0

35.1

104

43.6

42.7

41.7

40.8

39.8

38.8

37.9

37.0

36.0

35.1

105

43.6

42.7

41.7

40.8

39.8

38.8

37.9

37.0

36.0

35.1

106

43.6

42.7

41.7

40.8

39.8

38.8

37.9

37.0

36.0

35.1

107

43.6

42.7

41.7

40.8

39.8

38.8

37.9

37.0

36.0

35.1

108

43.6

42.7

41.7

40.8

39.8

38.8

37.9

37.0

36.0

35.1

109

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

110

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

111

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

112

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

113

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

114

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

115+

43.6

42.7

41.7

40.7

39.8

38.8

37.9

37.0

36.0

35.1

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

50

51

52

53

54

55

56

57

58

59

50

40.4

40.0

39.5

39.1

38.7

38.3

38.0

37.6

37.3

37.1

51

40.0

39.5

39.0

38.5

38.1

37.7

37.4

37.0

36.7

36.4

52

39.5

39.0

38.5

38.0

37.6

37.2

36.8

36.4

36.0

35.7

53

39.1

38.5

38.0

37.5

37.1

36.6

36.2

35.8

35.4

35.1

54

38.7

38.1

37.6

37.1

36.6

36.1

35.7

35.2

34.8

34.5

55

38.3

37.7

37.2

36.6

36.1

35.6

35.1

34.7

34.3

33.9

56

38.0

37.4

36.8

36.2

35.7

35.1

34.7

34.2

33.7

33.3

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

50

51

52

53

54

55

56

57

58

59

57

37.6

37.0

36.4

35.8

35.2

34.7

34.2

33.7

33.2

32.8

58

37.3

36.7

36.0

35.4

34.8

34.3

33.7

33.2

32.8

32.3

59

37.1

36.4

35.7

35.1

34.5

33.9

33.3

32.8

32.3

31.8

60

36.8

36.1

35.4

34.8

34.1

33.5

32.9

32.4

31.9

31.3

61

36.6

35.8

35.1

34.5

33.8

33.2

32.6

32.0

31.4

30.9

62

36.3

35.6

34.9

34.2

33.5

32.9

32.2

31.6

31.1

30.5

63

36.1

35.4

34.6

33.9

33.2

32.6

31.9

31.3

30.7

30.1

64

35.9

35.2

34.4

33.7

33.0

32.3

31.6

31.0

30.4

29.8

65

35.8

35.0

34.2

33.5

32.7

32.0

31.4

30.7

30.0

29.4

66

35.6

34.8

34.0

33.3

32.5

31.8

31.1

30.4

29.8

29.1

67

35.5

34.7

33.9

33.1

32.3

31.6

30.9

30.2

29.5

28.8

68

35.3

34.5

33.7

32.9

32.1

31.4

30.7

29.9

29.2

28.6

69

35.2

34.4

33.6

32.8

32.0

31.2

30.5

29.7

29.0

28.3

70

35.1

34.3

33.4

32.6

31.8

31.1

30.3

29.5

28.8

28.1

71

35.0

34.2

33.3

32.5

31.7

30.9

30.1

29.4

28.6

27.9

72

34.9

34.1

33.2

32.4

31.6

30.8

30.0

29.2

28.4

27.7

73

34.8

34.0

33.1

32.3

31.5

30.6

29.8

29.1

28.3

27.5

74

34.8

33.9

33.0

32.2

31.4

30.5

29.7

28.9

28.1

27.4

75

34.7

33.8

33.0

32.1

31.3

30.4

29.6

28.8

28.0

27.2

76

34.6

33.8

32.9

32.0

31.2

30.3

29.5

28.7

27.9

27.1

77

34.6

33.7

32.8

32.0

31.1

30.3

29.4

28.6

27.8

27.0

78

34.5

33.6

32.8

31.9

31.0

30.2

29.3

28.5

27.7

26.9

79

34.5

33.6

32.7

31.8

31.0

30.1

29.3

28.4

27.6

26.8

80

34.5

33.6

32.7

31.8

30.9

30.1

29.2

28.4

27.5

26.7

81

34.4

33.5

32.6

31.8

30.9

30.0

29.2

28.3

27.5

26.6

82

34.4

33.5

32.6

31.7

30.8

30.0

29.1

28.3

27.4

26.6

83

34.4

33.5

32.6

31.7

30.8

29.9

29.1

28.2

27.4

26.5

84

34.3

33.4

32.5

31.7

30.8

29.9

29.0

28.2

27.3

26.5

85

34.3

33.4

32.5

31.6

30.7

29.9

29.0

28.1

27.3

26.4

86

34.3

33.4

32.5

31.6

30.7

29.8

29.0

28.1

27.2

26.4

87

34.3

33.4

32.5

31.6

30.7

29.8

28.9

28.1

27.2

26.4

88

34.3

33.4

32.5

31.6

30.7

29.8

28.9

28.0

27.2

26.3

89

34.3

33.3

32.4

31.5

30.7

29.8

28.9

28.0

27.2

26.3

90

34.2

33.3

32.4

31.5

30.6

29.8

28.9

28.0

27.1

26.3

91

34.2

33.3

32.4

31.5

30.6

29.7

28.9

28.0

27.1

26.3

92

34.2

33.3

32.4

31.5

30.6

29.7

28.8

28.0

27.1

26.2

93

34.2

33.3

32.4

31.5

30.6

29.7

28.8

28.0

27.1

26.2

94

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.1

26.2

95

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.1

26.2

96

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.0

26.2

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

50

51

52

53

54

55

56

57

58

59

97

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.0

26.2

98

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.0

26.2

99

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.0

26.2

100

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.0

26.1

101

34.2

33.3

32.4

31.5

30.6

29.7

28.8

27.9

27.0

26.1

102

34.2

33.3

32.4

31.4

30.5

29.7

28.8

27.9

27.0

26.1

103

34.2

33.3

32.4

31.4

30.5

29.7

28.8

27.9

27.0

26.1

104

34.2

33.3

32.4

31.4

30.5

29.6

28.8

27.9

27.0

26.1

105

34.2

33.3

32.3

31.4

30.5

29.6

28.8

27.9

27.0

26.1

106

34.2

33.3

32.3

31.4

30.5

29.6

28.8

27.9

27.0

26.1

107

34.2

33.3

32.3

31.4

30.5

29.6

28.8

27.9

27.0

26.1

108

34.2

33.3

32.3

31.4

30.5

29.6

28.8

27.9

27.0

26.1

109

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

110

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

111

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

112

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

113

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

114

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

115+

34.2

33.3

32.3

31.4

30.5

29.6

28.7

27.9

27.0

26.1

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

60

61

62

63

64

65

66

67

68

69

60

30.9

30.4

30.0

29.6

29.2

28.8

28.5

28.2

27.9

27.6

61

30.4

29.9

29.5

29.0

28.6

28.3

27.9

27.6

27.3

27.0

62

30.0

29.5

29.0

28.5

28.1

27.7

27.3

27.0

26.7

26.4

63

29.6

29.0

28.5

28.1

27.6

27.2

26.8

26.4

26.1

25.7

64

29.2

28.6

28.1

27.6

27.1

26.7

26.3

25.9

25.5

25.2

65

28.8

28.3

27.7

27.2

26.7

26.2

25.8

25.4

25.0

24.6

66

28.5

27.9

27.3

26.8

26.3

25.8

25.3

24.9

24.5

24.1

67

28.2

27.6

27.0

26.4

25.9

25.4

24.9

24.4

24.0

23.6

68

27.9

27.3

26.7

26.1

25.5

25.0

24.5

24.0

23.5

23.1

69

27.6

27.0

26.4

25.7

25.2

24.6

24.1

23.6

23.1

22.6

70

27.4

26.7

26.1

25.4

24.8

24.3

23.7

23.2

22.7

22.2

71

27.2

26.5

25.8

25.2

24.5

23.9

23.4

22.8

22.3

21.8

72

27.0

26.3

25.6

24.9

24.3

23.7

23.1

22.5

22.0

21.4

73

26.8

26.1

25.4

24.7

24.0

23.4

22.8

22.2

21.6

21.1

74

26.6

25.9

25.2

24.5

23.8

23.1

22.5

21.9

21.3

20.8

75

26.5

25.7

25.0

24.3

23.6

22.9

22.3

21.6

21.0

20.5

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

60

61

62

63

64

65

66

67

68

69

76

26.3

25.6

24.8

24.1

23.4

22.7

22.0

21.4

20.8

20.2

77

26.2

25.4

24.7

23.9

23.2

22.5

21.8

21.2

20.6

19.9

78

26.1

25.3

24.6

23.8

23.1

22.4

21.7

21.0

20.3

19.7

79

26.0

25.2

24.4

23.7

22.9

22.2

21.5

20.8

20.1

19.5

80

25.9

25.1

24.3

23.6

22.8

22.1

21.3

20.6

20.0

19.3

81

25.8

25.0

24.2

23.4

22.7

21.9

21.2

20.5

19.8

19.1

82

25.8

24.9

24.1

23.4

22.6

21.8

21.1

20.4

19.7

19.0

83

25.7

24.9

24.1

23.3

22.5

21.7

21.0

20.2

19.5

18.8

84

25.6

24.8

24.0

23.2

22.4

21.6

20.9

20.1

19.4

18.7

85

25.6

24.8

23.9

23.1

22.3

21.6

20.8

20.1

19.3

18.6

86

25.5

24.7

23.9

23.1

22.3

21.5

20.7

20.0

19.2

18.5

87

25.5

24.7

23.8

23.0

22.2

21.4

20.7

19.9

19.2

18.4

88

25.5

24.6

23.8

23.0

22.2

21.4

20.6

19.8

19.1

18.3

89

25.4

24.6

23.8

22.9

22.1

21.3

20.5

19.8

19.0

18.3

90

25.4

24.6

23.7

22.9

22.1

21.3

20.5

19.7

19.0

18.2

91

25.4

24.5

23.7

22.9

22.1

21.3

20.5

19.7

18.9

18.2

92

25.4

24.5

23.7

22.9

22.0

21.2

20.4

19.6

18.9

18.1

93

25.4

24.5

23.7

22.8

22.0

21.2

20.4

19.6

18.8

18.1

94

25.3

24.5

23.6

22.8

22.0

21.2

20.4

19.6

18.8

18.0

95

25.3

24.5

23.6

22.8

22.0

21.1

20.3

19.6

18.8

18.0

96

25.3

24.5

23.6

22.8

21.9

21.1

20.3

19.5

18.8

18.0

97

25.3

24.5

23.6

22.8

21.9

21.1

20.3

19.5

18.7

18.0

98

25.3

24.4

23.6

22.8

21.9

21.1

20.3

19.5

18.7

17.9

99

25.3

24.4

23.6

22.7

21.9

21.1

20.3

19.5

18.7

17.9

100

25.3

24.4

23.6

22.7

21.9

21.1

20.3

19.5

18.7

17.9

101

25.3

24.4

23.6

22.7

21.9

21.1

20.2

19.4

18.7

17.9

102

25.3

24.4

23.6

22.7

21.9

21.1

20.2

19.4

18.6

17.9

103

25.3

24.4

23.6

22.7

21.9

21.0

20.2

19.4

18.6

17.9

104

25.3

24.4

23.5

22.7

21.9

21.0

20.2

19.4

18.6

17.8

105

25.3

24.4

23.5

22.7

21.9

21.0

20.2

19.4

18.6

17.8

106

25.3

24.4

23.5

22.7

21.9

21.0

20.2

19.4

18.6

17.8

107

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

108

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

109

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

110

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

111

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

112

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

113

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

114

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

115+

25.2

24.4

23.5

22.7

21.8

21.0

20.2

19.4

18.6

17.8

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

70

71

72

73

74

75

76

77

78

79

70

21.8

21.3

20.9

20.6

20.2

19.9

19.6

19.4

19.1

18.9

71

21.3

20.9

20.5

20.1

19.7

19.4

19.1

18.8

18.5

18.3

72

20.9

20.5

20.0

19.6

19.3

18.9

18.6

18.3

18.0

17.7

73

20.6

20.1

19.6

19.2

18.8

18.4

18.1

17.8

17.5

17.2

74

20.2

19.7

19.3

18.8

18.4

18.0

17.6

17.3

17.0

16.7

75

19.9

19.4

18.9

18.4

18.0

17.6

17.2

16.8

16.5

16.2

76

19.6

19.1

18.6

18.1

17.6

17.2

16.8

16.4

16.0

15.7

77

19.4

18.8

18.3

17.8

17.3

16.8

16.4

16.0

15.6

15.3

78

19.1

18.5

18.0

17.5

17.0

16.5

16.0

15.6

15.2

14.9

79

18.9

18.3

17.7

17.2

16.7

16.2

15.7

15.3

14.9

14.5

80

18.7

18.1

17.5

16.9

16.4

15.9

15.4

15.0

14.5

14.1

81

18.5

17.9

17.3

16.7

16.2

15.6

15.1

14.7

14.2

13.8

82

18.3

17.7

17.1

16.5

15.9

15.4

14.9

14.4

13.9

13.5

83

18.2

17.5

16.9

16.3

15.7

15.2

14.7

14.2

13.7

13.2

84

18.0

17.4

16.7

16.1

15.5

15.0

14.4

13.9

13.4

13.0

85

17.9

17.3

16.6

16.0

15.4

14.8

14.3

13.7

13.2

12.8

86

17.8

17.1

16.5

15.8

15.2

14.6

14.1

13.5

13.0

12.5

87

17.7

17.0

16.4

15.7

15.1

14.5

13.9

13.4

12.9

12.4

88

17.6

16.9

16.3

15.6

15.0

14.4

13.8

13.2

12.7

12.2

89

17.6

16.9

16.2

15.5

14.9

14.3

13.7

13.1

12.6

12.0

90

17.5

16.8

16.1

15.4

14.8

14.2

13.6

13.0

12.4

11.9

91

17.4

16.7

16.0

15.4

14.7

14.1

13.5

12.9

12.3

11.8

92

17.4

16.7

16.0

15.3

14.6

14.0

13.4

12.8

12.2

11.7

93

17.3

16.6

15.9

15.2

14.6

13.9

13.3

12.7

12.1

11.6

94

17.3

16.6

15.9

15.2

14.5

13.9

13.2

12.6

12.0

11.5

95

17.3

16.5

15.8

15.1

14.5

13.8

13.2

12.6

12.0

11.4

96

17.2

16.5

15.8

15.1

14.4

13.8

13.1

12.5

11.9

11.3

97

17.2

16.5

15.8

15.1

14.4

13.7

13.1

12.5

11.9

11.3

98

17.2

16.4

15.7

15.0

14.3

13.7

13.0

12.4

11.8

11.2

99

17.2

16.4

15.7

15.0

14.3

13.6

13.0

12.4

11.8

11.2

100

17.1

16.4

15.7

15.0

14.3

13.6

12.9

12.3

11.7

11.1

101

17.1

16.4

15.6

14.9

14.2

13.6

12.9

12.3

11.7

11.1

102

17.1

16.4

15.6

14.9

14.2

13.5

12.9

12.2

11.6

11.0

103

17.1

16.3

15.6

14.9

14.2

13.5

12.9

12.2

11.6

11.0

104

17.1

16.3

15.6

14.9

14.2

13.5

12.8

12.2

11.6

11.0

105

17.1

16.3

15.6

14.9

14.2

13.5

12.8

12.2

11.5

10.9

106

17.1

16.3

15.6

14.8

14.1

13.5

12.8

12.2

11.5

10.9

107

17.0

16.3

15.6

14.8

14.1

13.4

12.8

12.1

11.5

10.9

108

17.0

16.3

15.5

14.8

14.1

13.4

12.8

12.1

11.5

10.9

109

17.0

16.3

15.5

14.8

14.1

13.4

12.8

12.1

11.5

10.9

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

Ages

70

71

72

73

74

75

76

77

78

79

110

17.0

16.3

15.5

14.8

14.1

13.4

12.7

12.1

11.5

10.9

111

17.0

16.3

15.5

14.8

14.1

13.4

12.7

12.1

11.5

10.8

112

17.0

16.3

15.5

14.8

14.1

13.4

12.7

12.1

11.5

10.8

113

17.0

16.3

15.5

14.8

14.1

13.4

12.7

12.1

11.4

10.8

114

17.0

16.3

15.5

14.8

14.1

13.4

12.7

12.1

11.4

10.8

115+

17.0

16.3

15.5

14.8

14.1

13.4

12.7

12.1

11.4

10.8

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

AGES

80

81

82

83

84

85

86

87

88

89

80

13.8

13.4

13.1

12.8

12.6

12.3

12.1

11.9

11.7

11.5

81

13.4

13.1

12.7

12.4

12.2

11.9

11.7

11.4

11.3

11.1

82

13.1

12.7

12.4

12.1

11.8

11.5

11.3

11.0

10.8

10.6

83

12.8

12.4

12.1

11.7

11.4

11.1

10.9

10.6

10.4

10.2

84

12.6

12.2

11.8

11.4

11.1

10.8

10.5

10.3

10.1

9.9

85

12.3

11.9

11.5

11.1

10.8

10.5

10.2

9.9

9.7

9.5

86

12.1

11.7

11.3

10.9

10.5

10.2

9.9

9.6

9.4

9.2

87

11.9

11.4

11.0

10.6

10.3

9.9

9.6

9.4

9.1

8.9

88

11.7

11.3

10.8

10.4

10.1

9.7

9.4

9.1

8.8

8.6

89

11.5

11.1

10.6

10.2

9.9

9.5

9.2

8.9

8.6

8.3

90

11.4

10.9

10.5

10.1

9.7

9.3

9.0

8.6

8.3

8.1

91

11.3

10.8

10.3

9.9

9.5

9.1

8.8

8.4

8.1

7.9

92

11.2

10.7

10.2

9.8

9.3

9.0

8.6

8.3

8.0

7.7

93

11.1

10.6

10.1

9.6

9.2

8.8

8.5

8.1

7.8

7.5

94

11.0

10.5

10.0

9.5

9.1

8.7

8.3

8.0

7.6

7.3

95

10.9

10.4

9.9

9.4

9.0

8.6

8.2

7.8

7.5

7.2

96

10.8

10.3

9.8

9.3

8.9

8.5

8.1

7.7

7.4

7.1

97

10.7

10.2

9.7

9.2

8.8

8.4

8.0

7.6

7.3

6.9

98

10.7

10.1

9.6

9.2

8.7

8.3

7.9

7.5

7.1

6.8

99

10.6

10.1

9.6

9.1

8.6

8.2

7.8

7.4

7.0

6.7

100

10.6

10.0

9.5

9.0

8.5

8.1

7.7

7.3

6.9

6.6

101

10.5

10.0

9.4

9.0

8.5

8.0

7.6

7.2

6.9

6.5

102

10.5

9.9

9.4

8.9

8.4

8.0

7.5

7.1

6.8

6.4

103

10.4

9.9

9.4

8.8

8.4

7.9

7.5

7.1

6.7

6.3

104

10.4

9.8

9.3

8.8

8.3

7.9

7.4

7.0

6.6

6.3

105

10.4

9.8

9.3

8.8

8.3

7.8

7.4

7.0

6.6

6.2

106

10.3

9.8

9.2

8.7

8.2

7.8

7.3

6.9

6.5

6.2

107

10.3

9.8

9.2

8.7

8.2

7.7

7.3

6.9

6.5

6.1

108

10.3

9.7

9.2

8.7

8.2

7.7

7.3

6.8

6.4

6.1

109

10.3

9.7

9.2

8.7

8.2

7.7

7.2

6.8

6.4

6.0

110

10.3

9.7

9.2

8.6

8.1

7.7

7.2

6.8

6.4

6.0

111

10.3

9.7

9.1

8.6

8.1

7.6

7.2

6.8

6.3

6.0

112

10.2

9.7

9.1

8.6

8.1

7.6

7.2

6.7

6.3

5.9

113

10.2

9.7

9.1

8.6

8.1

7.6

7.2

6.7

6.3

5.9

114

10.2

9.7

9.1

8.6

8.1

7.6

7.1

6.7

6.3

5.9

115+

10.2

9.7

9.1

8.6

8.1

7.6

7.1

6.7

6.3

5.9

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

AGES

90

91

92

93

94

95

96

97

98

99

90

7.8

7.6

7.4

7.2

7.1

6.9

6.8

6.6

6.5

6.4

91

7.6

7.4

7.2

7.0

6.8

6.7

6.5

6.4

6.3

6.1

92

7.4

7.2

7.0

6.8

6.6

6.4

6.3

6.1

6.0

5.9

93

7.2

7.0

6.8

6.6

6.4

6.2

6.1

5.9

5.8

5.6

94

7.1

6.8

6.6

6.4

6.2

6.0

5.9

5.7

5.6

5.4

95

6.9

6.7

6.4

6.2

6.0

5.8

5.7

5.5

5.4

5.2

96

6.8

6.5

6.3

6.1

5.9

5.7

5.5

5.3

5.2

5.0

97

6.6

6.4

6.1

5.9

5.7

5.5

5.3

5.2

5.0

4.9

98

6.5

6.3

6.0

5.8

5.6

5.4

5.2

5.0

4.8

4.7

99

6.4

6.1

5.9

5.6

5.4

5.2

5.0

4.9

4.7

4.5

100

6.3

6.0

5.8

5.5

5.3

5.1

4.9

4.7

4.5

4.4

101

6.2

5.9

5.6

5.4

5.2

5.0

4.8

4.6

4.4

4.2

102

6.1

5.8

5.5

5.3

5.1

4.8

4.6

4.4

4.3

4.1

103

6.0

5.7

5.4

5.2

5.0

4.7

4.5

4.3

4.1

4.0

104

5.9

5.6

5.4

5.1

4.9

4.6

4.4

4.2

4.0

3.8

105

5.9

5.6

5.3

5.0

4.8

4.5

4.3

4.1

3.9

3.7

106

5.8

5.5

5.2

4.9

4.7

4.5

4.2

4.0

3.8

3.6

107

5.8

5.4

5.1

4.9

4.6

4.4

4.2

3.9

3.7

3.5

108

5.7

5.4

5.1

4.8

4.6

4.3

4.1

3.9

3.7

3.5

109

5.7

5.3

5.0

4.8

4.5

4.3

4.0

3.8

3.6

3.4

110

5.6

5.3

5.0

4.7

4.5

4.2

4.0

3.8

3.5

3.3

111

5.6

5.3

5.0

4.7

4.4

4.2

3.9

3.7

3.5

3.3

112

5.6

5.3

4.9

4.7

4.4

4.1

3.9

3.7

3.5

3.2

113

5.6

5.2

4.9

4.6

4.4

4.1

3.9

3.6

3.4

3.2

114

5.6

5.2

4.9

4.6

4.3

4.1

3.9

3.6

3.4

3.2

115+

5.5

5.2

4.9

4.6

4.3

4.1

3.8

3.6

3.4

3.1

Appendix C. (Continued)

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

AGES

100

101

102

103

104

105

106

107

108

109

100

4.2

4.1

3.9

3.8

3.7

3.5

3.4

3.3

3.3

3.2

101

4.1

3.9

3.7

3.6

3.5

3.4

3.2

3.1

3.1

3.0

102

3.9

3.7

3.6

3.4

3.3

3.2

3.1

3.0

2.9

2.8

103

3.8

3.6

3.4

3.3

3.2

3.0

2.9

2.8

2.7

2.6

104

3.7

3.5

3.3

3.2

3.0

2.9

2.7

2.6

2.5

2.4

105

3.5

3.4

3.2

3.0

2.9

2.7

2.6

2.5

2.4

2.3

106

3.4

3.2

3.1

2.9

2.7

2.6

2.4

2.3

2.2

2.1

107

3.3

3.1

3.0

2.8

2.6

2.5

2.3

2.2

2.1

2.0

108

3.3

3.1

2.9

2.7

2.5

2.4

2.2

2.1

1.9

1.8

109

3.2

3.0

2.8

2.6

2.4

2.3

2.1

2.0

1.8

1.7

110

3.1

2.9

2.7

2.5

2.3

2.2

2.0

1.9

1.7

1.6

111

3.1

2.9

2.7

2.5

2.3

2.1

1.9

1.8

1.6

1.5

112

3.0

2.8

2.6

2.4

2.2

2.0

1.9

1.7

1.5

1.4

113

3.0

2.8

2.6

2.4

2.2

2.0

1.8

1.6

1.5

1.3

114

3.0

2.7

2.5

2.3

2.1

1.9

1.8

1.6

1.4

1.3

115+

2.9

2.7

2.5

2.3

2.1

1.9

1.7

1.5

1.4

1.2

Table II (continued)

(Joint Life and Last Survivor Expectancy)

(For Use by Owners Whose Spouses Are More Than 10 Years Younger and Are the Sole Beneficiaries of Their IRAs)

AGES

110

111

112

113

114

115+

110

1.5

1.4

1.3

1.2

1.1

1.1

111

1.4

1.2

1.1

1.1

1.0

1.0

112

1.3

1.1

1.0

1.0

1.0

1.0

113

1.2

1.1

1.0

1.0

1.0

1.0

114

1.1

1.0

1.0

1.0

1.0

1.0

115+

1.1

1.0

1.0

1.0

1.0

1.0

Appendix C. Uniform Lifetime Table

Table III

(Uniform Lifetime)

(For Use by:

- Unmarried Owners,

- Married Owners Whose Spouses Are Not More Than 10 Years Younger, and

- Married Owners Whose Spouses Are Not the Sole Beneficiaries of Their IRAs)

Age

Distribution Period

Age

Distribution Period

70

27.4

93

9.6

71

26.5

94

9.1

72

25.6

95

8.6

73

24.7

96

8.1

74

23.8

97

7.6

75

22.9

98

7.1

76

22.0

99

6.7

77

21.2

100

6.3

78

20.3

101

5.9

79

19.5

102

5.5

80

18.7

103

5.2

81

17.9

104

4.9

82

17.1

105

4.5

83

16.3

106

4.2

84

15.5

107

3.9

85

14.8

108

3.7

86

14.1

109

3.4

87

13.4

110

3.1

88

12.7

111

2.9

89

12.0

112

2.6

90

11.4

113

2.4

91

10.8

114

2.1

92

10.2

115 and over

1.9

Index

Symbols

10% additional tax, Early Distributions Tax, Age 59½ Rule, Additional 10% tax

2-year rule:

SIMPLE IRAs, Two-year rule.

20% withholding, Other withholding rules.

6% excise tax on excess contributions to Roth IRAs, What if You Contribute Too Much?

60-day period for rollovers, Time Limit for Making a Rollover Contribution

A

Account balance, IRA account balance.

Additional taxes, Additional 10% tax

Additional taxes:, What Acts Result in Penalties or Additional Taxes?

(see also Penalties)

Reporting, Reporting Additional Taxes

Adjusted gross income (AGI):, Modified adjusted gross income (AGI)., Modified AGI.

(see also Modified adjusted gross income (AGI))

Retirement savings contributions credit, Adjusted gross income.

Age 50:

Contributions, General Limit

Age 59½ rule, Age 59½ Rule

Age 70½ rule, Age 70½ rule.

Age 70½ rule:

Required minimum distributions, Distributions after the required beginning date.

Age limit:

Traditional IRA, When Can Contributions Be Made?

Airline payments, Rollover of Airline Payments

Alimony, Alimony and separate maintenance.

Annuity contracts, Annuity or endowment contracts.

Annuity contracts:

Borrowing on, Borrowing on an annuity contract.

Distribution from insurance company, Annuity distributions from an insurance company.

Distribution from IRA account, Distribution of an annuity contract from your IRA account.

Early distributions, Annuity.

Assistance (see Tax help)

B

Basis:

Inherited IRAs, IRA with basis.

Roth IRAs, Basis of distributed property.

Traditional IRAs, Cost basis.

Beginning date, required, Distributions after the required beginning date.

Beneficiaries, IRA Beneficiaries, Beneficiary not an individual.

Beneficiaries:

Change of, Change of beneficiary.

Death of beneficiary, Death of a beneficiary.

Early distributions to, Beneficiary.

Individual as, Beneficiary an individual.

More than one, More than one beneficiary., Multiple individual beneficiaries.

Not an individual, Beneficiary not an individual.

Roth IRAs, Distributions to beneficiaries.

Sole beneficiary spouse more than 10 years younger, Sole beneficiary spouse who is more than 10 years younger.

Bond purchase plans:

Rollovers from, Rollover from bond purchase plan.

Bonds, retirement (see Individual retirement bonds)

Broker's commissions, Brokers' commissions., Brokers' commissions.

C

Change in marital status, Change in marital status.

Change of beneficiary, Change of beneficiary.

Charitable distributions, qualified, Qualified Charitable Distributions

Collectibles, Investment in Collectibles, Collectibles.

Community property, Community property laws.

Compensation:

Alimony, Alimony and separate maintenance.

Defined, What Is Compensation?

Income included (Table 1-1), What Is Compensation?

Nontaxable combat pay, Nontaxable combat pay.

Self-employment, Self-employment loss.

Wages, salaries, etc., Wages, salaries, etc.

Conduit IRAs, IRA as a holding account (conduit IRA) for rollovers to other eligible plans.

Contribution limits:

More than one IRA, More than one IRA.

Contributions

Excess (see Excess contributions)

Nondeductible (see Nondeductible contributions)

Recharacterizing (see Recharacterization)

Contributions:

Designating the year, Designating year for which contribution is made.

Distributions in same year as, Both contributions for 2010 and distributions in 2010.

Less than maximum, Less Than Maximum Contributions

Matching (SIMPLE), Matching contributions.

Not required, Contributions not required.

Qualified reservist repayments, Qualified reservist repayments.

Retirement savings contributions credit, Eligible contributions.

Roth IRAs, Can You Contribute to a Roth IRA?, Applying excess contributions.

SIMPLE plans, How Are Contributions Made?, How Much Can Be Contributed on Your Behalf?

Traditional IRAs, How Much Can Be Contributed?, More Than Maximum Contributions

When to contribute, When Can Contributions Be Made?

Withdrawing before due date of return, Contributions Returned Before Due Date of Return

Conversions:

2010 special rules, Special rules for 2010 conversions from traditional IRAs to Roth IRAs., Special rules for 2010 conversions from traditional IRAs to Roth IRAs.

From SIMPLE IRAs, Converting from a SIMPLE IRA.

To Roth IRAs, Conversions

Credits:

Retirement savings contributions credit, Retirement Savings Contributions Credit (Saver's Credit), How to figure and report the credit.

D

Death of beneficiary, Death of a beneficiary.

Deductions:

Figuring reduced IRA deduction, How To Figure Your Reduced IRA Deduction

Phaseout, Deduction Phaseout

Traditional IRAs, How Much Can You Deduct?, Examples — Worksheet for Reduced IRA Deduction for 2010

Deemed IRAs, Reminders, Reminder

Defined benefit plans, Defined benefit plan.

Defined contribution plans, Defined contribution plan.

Disabilities, persons with:

Early distributions to, Disabled.

Disaster-Related Relief, Disaster-Related Relief

Distributions

Beneficiaries (see Beneficiaries)

Inherited IRAs (see Inherited IRAs)

Distributions:

After required beginning date, Distributions after the required beginning date.

Age 59½ rule, Age 59½ Rule

Contributions in same year as, Both contributions for 2010 and distributions in 2010.

Delivered outside U.S., IRA distributions delivered outside the United States.

Figuring nontaxable and taxable amounts, Figuring the Nontaxable and Taxable Amounts

From individual retirement accounts, Distributions from individual retirement account.

From individual retirement annuities, Distributions from individual retirement annuities.

Fully or partly taxable, Distributions Fully or Partly Taxable

Income from, Income from IRA distributions.

Insufficient, Excess Accumulations (Insufficient Distributions)

Ordinary income treatment, Ordinary income.

Qualified charitable, Qualified Charitable Distributions

Qualified recovery assistance, Qualified Recovery Assistance Distribution, Qualified Disaster Recovery Assistance Distribution

Qualified reservist, Qualified reservist distributions.

Repayment of Qualified Disaster Recovery Assistance , Repayment of Qualified Disaster Recovery Assistance Distributions

Repayment of qualified recovery assistance, Repayment of Qualified Recovery Assistance Distributions

Roth IRAs, Are Distributions Taxable?, How Do You Figure the Taxable Part?

Roth IRAs:

Ordering rules for, Ordering Rules for Distributions

SIMPLE IRAs, Are Distributions Taxable?

Taxable status of, Are Distributions Taxable?

Taxation of, Taxation of Qualified Disaster Recovery Assistance Distributions

Taxation of qualified recovery assistance, Taxation of Qualified Recovery Assistance Distributions

Divorce:

Rollovers by former spouse, Distributions under divorce or similar proceedings (alternate payees).

Transfers incident to, Transfers Incident To Divorce

E

Early distributions, Early Distributions, Nondeductible contributions.

Early distributions:, What Acts Result in Penalties or Additional Taxes?

(see also Penalties)

Age 59½ rule, Age 59½ Rule

Defined, Early distributions defined.

Disability exception, Disabled.

First-time homebuyers, exception, First home.

Higher education expenses, exception, Higher education expenses.

Medical insurance, exception, Medical insurance.

Roth IRAs, Additional Tax on Early Distributions

SIMPLE IRAs, Additional Tax on Early Distributions

Tax, Early Distributions Tax

Unreimbursed medical expenses, exception, Unreimbursed medical expenses.

Education expenses, Higher education expenses.

Employer and employee association trust accounts, Employer and Employee Association Trust Accounts

Employer plans:

Covered by, Covered by an employer retirement plan.

Year(s) covered, For Which Year(s) Are You Covered?

Employer retirement plans, Are You Covered by an Employer Plan?

Employer retirement plans:

Defined benefit plans, Defined benefit plan.

Defined contribution plans, Defined contribution plan.

Effect of modified AGI on deduction (Table 1-2),

Limit if covered by, Limit if Covered by Employer Plan

Prohibited transactions, Trust account set up by an employer or an employee association.

Endowment contracts (see Annuity contracts)

Estate tax, Estate tax.

Estate tax:

Deduction for inherited IRAs, Federal estate tax deduction.

Excess accumulations, Excess Accumulations (Insufficient Distributions), Make up of shortfall in distribution.

Excess accumulations:

Roth IRAs, Tax on excess accumulations (insufficient distributions).

Excess contributions, Excess Contributions

Excess contributions:

Closed tax year, Closed tax year.

Deducted in earlier year, Excess contribution deducted in an earlier year.

Deducting in a later year, Deducting an Excess Contribution in a Later Year

Due to incorrect rollover information, Excess due to incorrect rollover information.

Recharacterizing, Recharacterizing excess contributions.

Roth IRAs, What if You Contribute Too Much?

Tax, Excess Contributions Tax

Withdrawn after due date of return, Excess Contributions Withdrawn After Due Date of Return

Withdrawn by due date of return, Excess Contributions Withdrawn by Due Date of Return

Exempt transactions, Exempt Transactions

Exxon Valdez settlement income, Rollover of Exxon Valdez Settlement Income, Rollover of Exxon Valdez Settlement Income

F

Failed financial institutions, Failed financial institutions.

Federal judges, Federal judges.

Fiduciaries:

Prohibited transactions, Fiduciary.

Filing before IRA contribution is made, Filing before a contribution is made.

Filing status, Filing Status

Filing status:

Deduction phaseout and, Filing status.

Firefighters, volunteer, Volunteer firefighters.

First-time homebuyers, First home.

Form 1040:

Modified AGI calculation from, Form 1040., Form 1040NR.

Form 1040A:

Modified AGI calculation from, Form 1040A.

Form 1099-R, Reporting and Withholding Requirements for Taxable Amounts

Form 1099-R:

Distribution code 1 used on, Form 5329 not required.

Letter codes used on, Letter codes.

Number codes used on, Number codes.

Withdrawal of excess contribution, Form 1099-R.

Form 5329, Additional 10% tax, Reporting the tax., Reporting Additional Taxes

Form 5329:

Recapture tax, Recapture tax for changes in distribution method under equal payment exception.

Form 8606, Form 8606., Form 8606., Reporting your nontaxable distribution on Form 8606., Reporting and Withholding Requirements for Taxable Amounts

Form 8606:

Failure to file, penalty, Penalty for failure to file Form 8606.

Form 8880, How to figure and report the credit.

Form W-2:

Employer retirement plans, Are You Covered by an Employer Plan?

Free tax services, How To Get Tax Help

Frozen deposits, Frozen deposit.

Full-time student:

Retirement savings contributions credit, Full-time student.

H

Help (see Tax help)

Higher education expenses, Higher education expenses.

How to:

Set up an IRA, How Can a Traditional IRA Be Opened?

Treat withdrawn contributions, How to treat withdrawn contributions.

Hurricane-Related Relief

Amending your return, Amending Your Return

I

Individual retirement accounts, Individual Retirement Account

Individual retirement accounts:

Distributions from, Distributions from individual retirement account.

Individual retirement annuities, Individual Retirement Annuity

Individual retirement annuities:

Distributions from, Distributions from individual retirement annuities.

Individual retirement arrangements (IRAs):

How to set up, How Can a Traditional IRA Be Opened?

When to set up, When Can a Traditional IRA Be Opened?

Individual retirement bonds, Individual Retirement Bonds

Individual retirement bonds:

Cashing in, Cashing in retirement bonds.

Inherited IRAs, What if You Inherit an IRA?, More information.

Inherited IRAs:

Rollovers, Inherited IRAs.

Insufficient distributions, Excess Accumulations (Insufficient Distributions)

Interest on IRA, Reminders

Investment in collectibles:

Collectibles defined, Collectibles.

Exception, Exception.

IRAs and other retirement plans, Tax Relief for Kansas Disaster Area

K

Keogh plans:

Rollovers from, Keogh plans and rollovers.

L

Last-in first-out rule, Last-in first-out rule.

Life expectancy, Life expectancy.

Life insurance, Life insurance contract.

Losses:

Roth IRAs, Recognizing Losses on Investments

Traditional IRAs, Recognizing Losses on Traditional IRA Investments

M

Marital status, change in, Change in marital status.

Matching contributions (SIMPLE), Matching contributions.

Medical expenses, unreimbursed, Unreimbursed medical expenses.

Medical insurance, Medical insurance.

Midwestern disaster areas, Tax Relief for Midwestern Disaster Areas

Military death gratuities, Military Death Gratuities and Servicemembers' Group Life Insurance (SGLI) Payments

Minimum distribution (see Required minimum distribution)

Missing children, photographs of, Reminders

Modified adjusted gross income (AGI):

Employer retirement plan coverage and deduction (Table 1-2),

Figuring (Worksheet 1-1), Both contributions for 2010 and distributions in 2010.

No employer retirement plan coverage and deduction (Table 1-3),

Roth IRAs, Modified AGI.

Roth IRAs:

Effect on contribution amount (Table 2-1), Can you contribute to a Roth IRA for your spouse?

More information (see Tax help)

More than one beneficiary, More than one beneficiary.

More than one IRA, More than one IRA.

More than one IRA:

Recharacterization, More than one IRA.

Required minimum distribution, More than one IRA.

N

Nondeductible contributions, Nondeductible Contributions, Nondeductible contributions.

Nondeductible contributions:

Failure to report, Failure to report nondeductible contributions.

Overstatement penalty, Penalty for overstatement.

Notice:

Qualified employer plan to provide prior to rollover distribution, Written explanation to recipients.

Rollovers, Rollover notice.

P

Partial rollovers, Partial rollovers., Partial rollover.

Penalties, What Acts Result in Penalties or Additional Taxes?, Form 5329 not required.

Penalties:

Early distributions, Early Distributions, Nondeductible contributions.

Excess accumulations, Excess Accumulations (Insufficient Distributions), Make up of shortfall in distribution.

Excess contributions, Excess Contributions

Excess contributions:

Roth IRAs, What if You Contribute Too Much?

Exempt transactions, Exempt Transactions, Services received at reduced or no cost.

Failure to file Form 8606, Penalty for failure to file Form 8606.

Overstatement of nondeductible contributions, Penalty for overstatement.

Prohibited transactions, Prohibited Transactions, Services received at reduced or no cost.

Reporting, Reporting Additional Taxes

SIMPLE IRAs, Additional Tax on Early Distributions

Phaseout of deduction, Deduction Phaseout

Pledging account as security, Pledging an account as security.

Prohibited transactions, Prohibited Transactions, Services received at reduced or no cost.

Prohibited transactions:

Taxes on, Taxes on prohibited transactions.

Publications (see Tax help)

Q

Qualified disaster recovery assistance distribution, Qualified Disaster Recovery Assistance Distribution

Qualified domestic relations orders (QDROs), Qualified domestic relations order.

Qualified recovery assistance distribution, Qualified Recovery Assistance Distribution

Qualified settlement income, Rollover of Exxon Valdez Settlement Income, Rollover of Exxon Valdez Settlement Income

R

Recapture tax:

Changes in distribution method, Recapture tax for changes in distribution method under equal payment exception.

Receivership distributions, Receivership distributions.

Recharacterization, Recharacterizations, More than one IRA.

Recharacterization:

Determining amount of net income due to contribution and total amount to be recharacterized (Worksheet 1-3),

Reporting, Reporting a Recharacterization

SIMPLE employer contributions, Recharacterizing employer contributions.

Timing of, Timing.

Reconversion, Reconversions

Recordkeeping requirements:

Traditional IRAs, Nondeductible Contributions

Reporting:

Additional taxes, Reporting Additional Taxes

Deductible contributions, Reporting Deductible Contributions

Nontaxable distribution on Form 8606, Reporting your nontaxable distribution on Form 8606.

Recharacterization, Reporting a Recharacterization

Rollovers:

From employer plans, Reporting rollovers from employer plans.

From IRAs, Reporting rollovers from IRAs.

Taxable amounts, Reporting and Withholding Requirements for Taxable Amounts

Taxable distributions, Reporting taxable distributions on your return.

Required beginning date, Distributions after the required beginning date.

Required minimum distribution, Reminders, When Must You Withdraw Assets? (Required Minimum Distributions), Annuity distributions from an insurance company.

Required minimum distribution:

Distribution period, Distribution period.

During lifetime, Distributions during your lifetime.

Figuring, Figuring the Owner's Required Minimum Distribution

Figuring:

For beneficiary, Figuring the Beneficiary's Required Minimum Distribution

Table to use, Which Table Do You Use To Determine Your Required Minimum Distribution?

In year of owner's death, Distributions in the year of the owner's death.

Installments allowed, Installments allowed.

More than one IRA, More than one IRA.

Sole beneficiary spouse who is more than 10 years younger, Sole beneficiary spouse who is more than 10 years younger.

Reservists, Reservists.

Reservists:

Qualified reservist distribution, Qualified reservist distributions.

Qualified reservist repayments, Qualified reservist repayments.

Retirement bonds (see Individual retirement bonds)

Retirement plans, Tax Relief for Kansas Disaster Area

Retirement savings contributions credit, Retirement Savings Contributions Credit (Saver's Credit), How to figure and report the credit.

Rollovers, Rollovers, Reporting rollovers from employer plans.

Withholding (see Withholding)

Rollovers:

2010 special rules, Special rules for 2010 rollovers from qualified retirement plans into Roth IRAs.

Airline payments, Rollover of Airline Payments

Amount, Amount.

Choosing an option (Table 1-5),

Completed after 60-day period, Rollovers completed after the 60-day period.

Conduit IRAs, IRA as a holding account (conduit IRA) for rollovers to other eligible plans.

Direct rollover option, Direct rollover option.

Extension of period, Extension of rollover period.

From bond purchase plan, Rollover from bond purchase plan.

From employer's plan into a Roth IRA, Rollover From Employer's Plan Into a Roth IRA

From employer's plan into an IRA, Rollover From Employer's Plan Into an IRA

From Keogh plans, Keogh plans and rollovers.

From one IRA into another, Rollover From One IRA Into Another

From Roth IRAs, Rollover From a Roth IRA

From traditional IRA, Kinds of rollovers from a traditional IRA.

Inherited IRAs, Inherited IRAs.

Nonspouse beneficiary, Rollover by nonspouse beneficiary.

Notice, Rollover notice.

Partial, Partial rollovers., Partial rollover.

SIMPLE IRAs, Rollovers and Transfers Exception

Tax treatment of rollover from traditional IRA to eligible retirement plan other than an IRA, Tax treatment of a rollover from a traditional IRA to an eligible retirement plan other than an IRA.

Time limit, Time Limit for Making a Rollover Contribution

To Roth IRAs, Conversion methods.

To traditional IRA, Kinds of rollovers to a traditional IRA.

Waiting period between, Waiting period between rollovers., No waiting period between rollovers.

Roth IRAs, Roth IRAs, Tax on excess accumulations (insufficient distributions).

Roth IRAs:

Age limit, Is there an age limit for contributions?

Contribution limit reduced, Contribution limit reduced.

Contributions, Can You Contribute to a Roth IRA?, Applying excess contributions.

Contributions:

Timing of, When Can You Make Contributions?

To traditional IRAs and to Roth IRAs, Roth IRAs and traditional IRAs.

Conversion, Recharacterizing to a SEP IRA or SIMPLE IRA., Conversions

Defined, What Is a Roth IRA?

Distributions, Are Distributions Taxable?, How Do You Figure the Taxable Part?

Distributions:

After death of owner, Distributions After Owner's Death

Insufficient, Tax on excess accumulations (insufficient distributions).

Ordering rules for, Ordering Rules for Distributions

Early distributions, Additional Tax on Early Distributions

Excess accumulations, Tax on excess accumulations (insufficient distributions).

Excess contributions, What if You Contribute Too Much?

Figuring taxable part, How Do You Figure the Taxable Part?

Losses, Recognizing Losses on Investments

Modified AGI:

Effect on contribution amount (Table 2-1), Can you contribute to a Roth IRA for your spouse?

Figuring (Worksheet 2-1), Contribution limit reduced.

Rollovers from, Rollover From a Roth IRA

Setting up, When Can a Roth IRA Be Opened?

Spouse, Can you contribute to a Roth IRA for your spouse?

Traditional IRAs converted into, Converting From Any Traditional IRA Into a Roth IRA

Withdrawing or using assets, Must You Withdraw or Use Assets?

S

Salary reduction arrangement, What Is a SIMPLE Plan?

Savings Incentive Match Plans for Employees (see SIMPLE IRAs)

Section 501(c)(18) plan, General Limit, Spousal IRA Limit

Self-employed persons:

Deductible contributions, Self-employed.

Income of, Self-employment income.

SIMPLE plans, Self-employed individual.

SEP IRAs:

Recharacterizing to, Recharacterizing to a SEP IRA or SIMPLE IRA.

Separated taxpayers:

Filing status of, Lived apart from spouse.

Servicemembers group life insurance, Military Death Gratuities and Servicemembers' Group Life Insurance (SGLI) Payments

Services received at reduced or no cost, Services received at reduced or no cost.

SIMPLE IRAs, Savings Incentive Match Plans for Employees (SIMPLE), Two-year rule.

SIMPLE IRAs:

Contributions, How Are Contributions Made?, How Much Can Be Contributed on Your Behalf?

Conversion from, Converting from a SIMPLE IRA.

Distributions, Are Distributions Taxable?

Early distributions, Additional 10% tax, Additional Tax on Early Distributions

Eligible employees, Eligible Employees

Penalties, Additional Tax on Early Distributions

Recharacterizing to, Recharacterizing to a SEP IRA or SIMPLE IRA.

Rollovers, Rollovers and Transfers Exception

Salary reduction contribution limits, Salary reduction contributions limit.

Self-employed persons, Self-employed individual.

SIMPLE plan, defined, What Is a SIMPLE Plan?

Traditional IRA, mistakenly moved to, Traditional IRA mistakenly moved to SIMPLE IRA., Traditional IRA mistakenly moved to SIMPLE IRA.

Two-year rule, Two-year rule.

Withdrawing or using assets, When Can You Withdraw or Use Assets?

Simplified employee pensions (SEPs), Simplified Employee Pension (SEP)

Social Security recipients, Social Security Recipients

Spousal IRA, Can you contribute to a Roth IRA for your spouse?

Spousal IRAs:

Contribution limits, Spousal IRA Limit

Deduction, Spousal IRA.

Inherited, Inherited from spouse.

Students:

Education expenses, Higher education expenses.

Retirement savings contributions credit, Full-time student.

Surviving spouse, Surviving spouse., Surviving spouse.

Surviving spouse:

Death of, Death of surviving spouse.

Rollovers by, Distributions received by a surviving spouse.

T

Tables:

Compensation, types of (Table 1-1), What Is Compensation?

Modified AGI:

Employer retirement plan coverage and deduction (Table 1-2),

No employer retirement plan coverage and deduction (Table 1-3),

Roth IRAs, effect on contribution (Table 2-1), Can you contribute to a Roth IRA for your spouse?

Rollover vs. direct payment to taxpayer (Table 1-5),

Using this publication (Table I-1), Introduction

Tax advantages of IRAs, What are some tax advantages of an IRA?

Tax credits:

Retirement savings contributions credit, Retirement Savings Contributions Credit (Saver's Credit), How to figure and report the credit.

Tax help, How To Get Tax Help

Tax year, Tax year.

Tax-sheltered annuities:

Rollovers from, Distribution from a tax-sheltered annuity.

Taxpayer Advocate, Contacting your Taxpayer Advocate.

Traditional IRAs, Traditional IRAs, Form 5329 not required.

Rollovers (see Rollovers)

Traditional IRAs:

Age 59½ rule, Age 59½ Rule

Contribution limits, How Much Can Be Contributed?, More Than Maximum Contributions

Contributions, How Much Can Be Contributed?, More Than Maximum Contributions

Contributions:

Due date, Contributions must be made by due date.

To Roth IRAs and to traditional IRAs, Roth IRAs and traditional IRAs.

Converting into Roth IRA, Converting From Any Traditional IRA Into a Roth IRA

Cost basis, Cost basis.

Deductions, How Much Can You Deduct?, Examples — Worksheet for Reduced IRA Deduction for 2010

Defined, Introduction

Disclosures, Required Disclosures

Excess contributions, Excess Contributions

Inherited IRAs, What if You Inherit an IRA?, More information.

Loss of IRA status, Loss of IRA status.

Losses, Recognizing Losses on Traditional IRA Investments

Mistakenly moved to SIMPLE IRA, Traditional IRA mistakenly moved to SIMPLE IRA., Traditional IRA mistakenly moved to SIMPLE IRA.

Recordkeeping, Nondeductible Contributions

Reduced IRA deduction for 2010 , Examples — Worksheet for Reduced IRA Deduction for 2010

Setting up, Who Can Open a Traditional IRA?, Required Disclosures

Social Security recipients, Social Security Recipients

Transfers, Can You Move Retirement Plan Assets?

Types of, Kinds of traditional IRAs.

Withdrawing or using assets, When Can You Withdraw or Use Assets?, Excess Contributions Tax

Transfers, Can You Move Retirement Plan Assets?

Transfers:

Divorce, Transfers Incident To Divorce

To Roth IRAs, Transfers to Roth IRAs., Can You Move Amounts Into a Roth IRA?

Trustee to trustee, Trustee-to-Trustee Transfer, Conversion methods.

Trustee-to-trustee transfers, Trustee-to-Trustee Transfer

Trustee-to-trustee transfers:

To Roth IRAs, Conversion methods.

Trustees' fees, Trustees' fees., Trustees' fees.

Trusts:

As beneficiary, Trust as beneficiary.

TTY/TDD information, How To Get Tax Help

Two-year rule:

SIMPLE IRAs, Two-year rule.

U

Unreimbursed medical expenses, Unreimbursed medical expenses.

V

Volunteer firefighters, Volunteer firefighters.

W

Withdrawing or using assets:

Contribution withdrawal, before due date of return, Contributions Returned Before Due Date of Return

Roth IRAs, Must You Withdraw or Use Assets?

SIMPLE IRAs, When Can You Withdraw or Use Assets?

Traditional IRAs, When Can You Withdraw or Use Assets?, Excess Contributions Tax

Withholding, Reporting and Withholding Requirements for Taxable Amounts, Withholding.

Withholding:

Direct rollover option, Withholding.

Eligible rollover distribution paid to taxpayer, Withholding requirement.

Worksheets:

Figuring amount of net income due to IRA contribution and total amount to be recharacterized (Worksheet 1-3),

Figuring modified AGI (Worksheet 1-1), Both contributions for 2010 and distributions in 2010.

Roth IRAs:

Figuring modified AGI (Worksheet 2-1), Contribution limit reduced.