Plan sponsors can use the Employee Plans Compliance Resolution System (Rev. Proc. 2021-30, as modified) to voluntarily correct the mistake of not making required minimum distributions (RMDs) under Internal Revenue Code Section 401(a)(9) to affected participants and beneficiaries.

Self Correction Program (SCP) – In some cases, RMD failures can be corrected using SCP. However, participant-owed excise tax under IRC section 4974 can’t be waived under SCP.

Voluntary Correction Program (VCP) – Unlike under SCP, you may request a waiver of the IRC Section 4974 excise tax for RMD failures using VCP. Learn more by reviewing Tips for VCP Submissions for Required Minimum Distributions.

VCP Forms – To report an RMD failure, you may complete IRS Form 14568-H, Model VCP Compliance Statement PDF - Schedule 8: Failure to Pay Required Minimum Distributions Timely, as an attachment to IRS Form 14568, Model VCP Compliance Statement, as your VCP application. You can’t use Form 14568-H for:

VCP Model Forms – Use IRS forms to report and resolve RMD failures. Complete:

You can’t use Form 14568-H for:

  1. Affected beneficiaries – Only use Form 14568-H for affected participants. If the failure involves both participants and beneficiaries, then do not use Form 14568-H. Instead, report the failure on Form 14568 and identify whether the affected beneficiaries are spousal or non-spousal beneficiaries when you describe the mistake and how it's going to be fixed.
  2. Other failures – If the listed RMD failure is also an IRC Section 401(a)(14) commencement of benefit failure or any other failure, attach narrative statements to Form 14568 describing the mistake and how it’s going to be fixed.

Consequences of RMD failures - When tax favored retirement plans don’t pay RMDs in a timely manner:

  • The plan sponsor faces the potential disqualification of the plan, which ultimately affects all plan participants in a negative manner.
  • The plan participant who should’ve received the RMD is liable for an excise tax under IRC Section 4974 equal to 50% of the amount of the RMD not received.

Additional resources