If you withdraw cash or other assets from a qualified retirement
plan in an eligible rollover distribution, you can defer tax on the
distribution by rolling it over to another qualified retirement plan
or a traditional IRA. You do not include the amount rolled over in
your income until you receive it in a distribution from the recipient
plan or IRA without rolling over that distribution. (For information
about rollovers from traditional IRAs, see chapter 1 of Publication 590.)
If you roll over the distribution to a traditional IRA, you cannot
deduct the amount rolled over as an IRA contribution. When you later
withdraw it from the IRA, you cannot use the optional methods
discussed earlier under Lump-Sum Distributions to figure
the tax.
A qualified retirement plan is a qualified pension, profit-sharing,
or stock bonus plan, or a qualified annuity plan. To determine whether
your plan is a qualified plan, check with your employer or the plan
administrator.
Self-employed individuals are generally treated as employees for
the rules on the tax treatment of distributions, including the rules
for rollovers.
Eligible rollover distribution.
An eligible rollover distribution is any distribution of all or any
part of the balance to your credit in a qualified retirement plan
except:
- The nontaxable part of a distribution (such as your
after-tax contributions) other than the net unrealized appreciation
from employer securities described at the beginning of Taxation
of Nonperiodic Payments, earlier, under Distributions of
employer securities,
- Any of a series of substantially equal distributions paid at
least once a year over:
- Your lifetime or life expectancy,
- The joint lives or life expectancies of you and your
beneficiary, or
- A period of 10 years or more,
- A required minimum distribution, discussed later under
Tax on Excess Accumulation,
- Hardship distributions from 401(k) plans and certain 403(b)
plans,
- Corrective distributions of excess contributions or excess
deferrals, and any income allocable to the excess, or of excess annual
additions and any allocable gains (see Corrective distributions
of excess plan contributions, at the beginning of Taxation
of Nonperiodic Payments, earlier),
- 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 (see Loans Treated as Distributions,
earlier),
- Dividends on employer securities, and
- The cost of life insurance coverage.
In addition, a distribution to the plan participant's beneficiary
is not generally treated as an eligible rollover distribution.
However, see Qualified domestic relations order and
Rollover by surviving spouse, later.
Withholding requirements.
If an eligible rollover distribution is paid to you, the payer must
withhold 20% of it. This applies even if you plan to roll over the
distribution to another qualified retirement plan or to an IRA.
However, you can avoid withholding by choosing the direct
rollover option, discussed next. Also, see Choosing the
right option at the end of this discussion.
Exceptions.
An eligible rollover distribution is not subject to withholding to
the extent it consists of net unrealized appreciation from employer
securities that can be excluded from your gross income. (For a
discussion of the tax treatment of a distribution of employer
securities, see Figuring the Taxable Amount under
Taxation of Nonperiodic Payments, earlier.)
In addition, withholding from an eligible rollover distribution
paid to you is not required if:
- The distribution and all previous eligible rollover
distributions you received during the tax year from the same plan (or,
at the payer's option, from all your employer's plans) total less than
$200, or
- The distribution consists solely of employer securities,
plus cash of $200 or less in lieu of fractional shares.
Direct rollover option.
You can choose to have any part or all of an eligible rollover
distribution paid directly to another qualified retirement plan that
accepts rollover distributions or to a traditional IRA.
No tax withheld.
If you choose the direct rollover option, no tax will be withheld
from any part of the distribution that is directly paid to the trustee
of the other plan. If any part of the eligible rollover distribution
is paid to you, the payer must generally withhold 20% of it for income
tax.
Payment to you option.
If an eligible rollover distribution is paid to you, 20% generally
will be withheld for income tax. However, the full amount is treated
as distributed to you even though you actually receive only 80%. You
must include in income any part (including the part withheld) that you
do not roll over within 60 days to another qualified retirement plan
or to a traditional IRA.
If you are under age 59 1/2 when a distribution is paid
to you, you may have to pay a 10% tax (in addition to the regular
income tax) on the taxable part (including any tax withheld) that you
do not roll over. See Tax on Early Distributions, later.
Partial rollovers.
If you receive a lump-sum distribution, it may qualify for special
tax treatment. See Lump-Sum Distributions, earlier.
However, if you roll over any part of the distribution, the part you
keep does not qualify for special tax treatment.
Rolling over more than amount received.
If the part of the distribution you want to roll over exceeds (due
to the tax withholding) the amount you actually received, you will
have to get funds from some other source (such as your savings or
borrowed amounts) to add to the amount you actually received.
Example.
You receive an eligible rollover distribution of $10,000 from your
employer's qualified plan. The payer withholds $2,000, so you actually
receive $8,000. If you want to roll over the entire $10,000 to
postpone including that amount in your income, you will have to get
$2,000 from some other source to add to the $8,000 you actually
received.
If you roll over only $8,000, you must include the $2,000 not
rolled over in your income for the distribution year. Also, you may be
subject to the 10% additional tax on the $2,000 if it was distributed
to you before you reached age 59 1/2.
Time for making rollover.
You must complete the rollover of an eligible rollover distribution
paid to you by the 60th day following the day on which you receive the
distribution from your employer's plan.
Example.
In the previous example, you received the distribution on January
31, 2001. To postpone including it in your income, you must complete
the rollover by April 1, 2001, the 60th day following January 31.
Frozen deposits.
If an amount distributed to you becomes a frozen deposit in a
financial institution during the 60-day period after you receive it,
the rollover period is extended. An amount is a frozen deposit if you
cannot withdraw it because of either:
- The bankruptcy or insolvency of the financial institution,
or
- A restriction on withdrawals by the state in which the
institution is located because of the bankruptcy or insolvency (or
threat of it) of one or more financial institutions in the
state.
The 60-day rollover period is extended by the period for which the
amount is a frozen deposit and does not end earlier than 10 days after
the amount is no longer a frozen deposit.
Retirement bonds.
If you redeem retirement bonds purchased under a qualified bond
purchase plan, you can roll over the proceeds that exceed your basis
tax free into an IRA or qualified employer plan. Subsequent
distributions of those proceeds, however, do not qualify for the
10-year tax option or capital gain treatment.
Annuity contracts.
If an annuity contract was distributed to you by a qualified
retirement plan, you can roll over an amount paid under the contract
that is otherwise an eligible rollover distribution. For example, you
can roll over a single sum payment you receive upon surrender of the
contract to the extent it is taxable and is not a required minimum
distribution.
Rollovers of property.
To roll over an eligible rollover distribution of property, you
must either roll over the actual property distributed or sell it and
roll over the proceeds. You cannot keep the distributed property and
roll over cash or other property.
If you sell the distributed property and roll over all the
proceeds, no gain or loss is recognized on the sale. The sale proceeds
(including any portion representing an increase in value) are treated
as part of the distribution and are not included in your gross income.
If you roll over only part of the proceeds, you are taxed on the
part you keep. You must allocate the proceeds you keep between the
part representing ordinary income from the distribution (its value
upon distribution) and the part representing gain or loss from the
sale (its change in value from its distribution to its sale).
Example 1.
On September 6, 2000, Paul received an eligible rollover
distribution from his employer's noncontributory qualified retirement
plan of $50,000 in nonemployer stock. On September 27, 2000, he sold
the stock for $60,000. On October 4, 2000, he contributed $60,000 cash
to a traditional IRA. Paul does not include either the $50,000
eligible rollover distribution or the $10,000 gain from the sale of
the stock in his income. The entire $60,000 rolled over will be
ordinary income when he withdraws it from his IRA.
Example 2.
The facts are the same as in Example 1, except that Paul sold the
stock for $40,000 and contributed $40,000 to the IRA. Paul does not
include the $50,000 eligible rollover distribution in his income and
does not deduct the $10,000 loss from the sale of the stock. The
$40,000 rolled over will be ordinary income when he withdraws it from
his IRA.
Example 3.
The facts are the same as in Example 1, except that Paul rolled
over only $45,000 of the $60,000 proceeds from the sale of the stock.
The $15,000 proceeds he did not roll over includes part of the gain
from the stock sale. Paul reports $2,500 ($10,000/$60,000 x
$15,000) capital gain and $12,500 ($50,000/$60,000 x $15,000)
ordinary income.
Example 4.
The facts are the same as in Example 2, except that Paul rolled
over only $25,000 of the $40,000 proceeds from the sale of the stock.
The $15,000 proceeds he did not roll over includes part of the loss
from the stock sale. Paul reports $3,750 ($10,000/$40,000 x
$15,000) capital loss and $18,750 ($50,000/$40,000 x $15,000)
ordinary income.
Property and cash distributed.
If both cash and property were distributed and you did not roll
over the entire distribution, you may designate what part of the
rollover is allocable to the cash distribution and what part is
allocable to the proceeds from the sale of the distributed property.
If the distribution included an amount that is not taxable (other than
the net unrealized appreciation in employer securities) as well as an
eligible rollover distribution, you may also designate what part of
the nontaxable amount is allocable to the cash distribution and what
part is allocable to the property. Your designation must be made by
the due date for filing your tax return, including extensions. You
cannot change your designation after that date. If you do not make a
designation on time, the rollover amount or the nontaxable amount must
be allocated on a ratable basis.
Tax-sheltered annuity plan.
The preceding rules also apply to distributions from tax-sheltered
annuity plans, except that eligible rollover distributions from a
tax-sheltered annuity plan cannot be rolled over into a qualified
retirement plan. Instead, they can be rolled over into another
tax-sheltered annuity plan or into a traditional IRA.
For more information on the tax treatment of distributions from a
tax-sheltered annuity plan, get Publication 571.
Section 457 plans.
You cannot roll over any distribution from a section 457
deferred compensation plan of a state or local government or
tax-exempt organization.
Qualified domestic relations order.
You may be able to roll over tax free all or part of a distribution
from a qualified retirement plan that you receive under a qualified
domestic relations order. (See Qualified domestic relations order
under General Information, earlier.) If you receive
the distribution as an employee's spouse or former spouse (not as a
nonspousal beneficiary), the rollover rules apply to you as if you
were the employee.
Rollover by surviving spouse.
You may be able to roll over tax free all or part of a distribution
from a qualified retirement plan you receive as the surviving spouse
of a deceased employee. The rollover rules apply to you as if you were
the employee, except that you can roll over the distribution only into
a traditional IRA. You cannot roll it over into a qualified retirement
plan. A distribution paid to a beneficiary other than the employee's
surviving spouse is not an eligible rollover distribution.
How to report.
Enter the total distribution (before income tax or other deductions
were withheld) on line 16a of Form 1040 or line 12a of 1040A. 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 line 16b of Form 1040 or line 12b of Form 1040A. Also, put
"Rollover" next to line 16b on Form 1040 or line 12b of Form 1040A.
Written explanation to recipients.
The administrator of a qualified retirement plan must, within a
reasonable period of time before making an eligible rollover
distribution, provide a written explanation to you. It must tell you
about:
- Your right to have the distribution paid tax free directly
to another qualified retirement plan or to a traditional IRA,
- The requirement to withhold tax from the distribution if it
is not directly rolled over,
- The nontaxability of any part of the distribution paid to
you that you roll over within 60 days after you receive the
distribution, and
- The other qualified retirement plan rules that apply,
including those for lump-sum distributions, alternate payees, and cash
or deferred arrangements.
Reasonable period of time.
The plan administrator must provide you with a 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
the following two requirements are met.
- You must have the opportunity to consider whether or not you
want to make a direct rollover for at least 30 days after the
explanation is provided.
- The information you receive must clearly state that you have
the right to have 30 days to make a decision.
Contact the plan administrator if you have any questions
regarding this information.
Choosing the right option.
The following comparison chart may help you decide which
distribution option to choose. Carefully compare the tax effects of
each and choose the option that is best for you.
Comparison Chart
Direct Rollover |
Payment To You |
No withholding. |
Payer generally must withhold income tax of 20% on the taxable part even if you roll it over. |
No 10% additional tax. |
If you are under age 59 1/2, a 10%
additional tax may apply to the taxable part, including the tax
withheld, that you do not roll over. See Tax on Early Distributions, later. |
Not income until later distributed to you from the other plan or the IRA. |
Taxable part, including the tax withheld, is income to the extent not rolled over. |
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