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Chapter 2: Income Tax Issues

121

There are several exceptions to the proportionate allocation, cream-in-the-coffee, all-IRAs-

aggregated, scheme described at

¶ 2.2.08 :

A.

IRA-to-nonIRA-plan rollovers.

See

¶ 2.2.09 (

A).

B.

Return of IRA contribution before tax return due date.

Certain returned IRA

contributions are taxed outside the

§ 72

“system.” See

¶ 2.1.08 (

D), (F).

C.

QHSAFDs.

A Qualified Health Savings Account Funding Distribution (see

¶ 2.1.06 (

K))

is deemed to come entirely from the pretax money in the individual’s IRAs until the pretax

money is exhausted.

§ 408(d)(9)(E) .

D.

Qualified Charitable Distributions.

Another exception is for “Qualified Charitable

Contributions” (QCDs). A QCD is the distribution of up to $100,000 per year from the

IRA(s) of an individual who is over age 70½ directly to an eligible charity; se

e ¶ 7.6.07 .

A

QCD is deemed to come first out of the pretax portion of the individual’s IRA.

§ 408(d)(8)(D) .

QCDs were available in tax years 2006–2009

only

.

2.3 Income Tax Withholding

For the effect of income tax withholding on the recipient’s right to roll over benefits, see

2.6.02

(first paragraph).

2.3.01

Withholding of federal income taxes: overview

Retirement plan distributions are subject to withholding of federal income taxes. This fact

creates problems and planning opportunities. This book does not cover state or local withholding

requirements.

Chapter 24, Subchapter A, of the Code

( § 3401 § 3406 )

establishes the withholding of

income tax at the source of payment. Though titled “Withholding from Wages,” one section of the

Chapter

( § 3405 )

also provides income tax withholding rules for QRPs, 403(b) plans, and IRAs.

¶ 2.3.02

explains the Code’s general scheme for withholding from retirement plan

distributions, including the different rules for different types of distributions. Exceptions and

special rules are discussed at

¶ 2.3.03 . ¶ 2.3.04

explains mutually voluntary withholding. Finally,

¶ 2.3.05

explains how withheld income taxes are applied to the recipient’s tax liability for the year.

2.3.02

Periodic, nonperiodic, and eligible rollover payments

Here are the Code’s opening bids on withholding from retirement distributions, including

which ones the recipient can opt out of. (If the recipient wants the plan to withhold more income

tax than is required, see

¶ 2.3.04 .

)

The withholding requirements distinguish between “periodic payments”

( § 3405(e)(2) )

,

“nonperiodic distributions”

( § 3405(e)(3) )

, and “eligible rollover distributions”

( § 3405(c)(3) )

.

A.

Periodic payments

from all types of retirement plans, including IRAs, are subject to

withholding of taxes at the same rate as wages.

§ 3405(a)(1) .

The recipient can elect out of

having anything withheld from a periodic payment, so the withholding is voluntary as far