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Extention

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Extention 16. Extention   Rulings Program The IRS has a program for assisting taxpayers who have technical problems with tax laws and regulations. Extention The IRS will answer inquiries from individuals and organizations about the tax effect of their acts or transactions. Extention The National Office of the IRS issues rulings on those matters. Extention A ruling is a written statement to a taxpayer that interprets and applies tax laws to the taxpayer's specific set of facts. Extention There are also determination letters issued by IRS directors and information letters issued by IRS directors or the National Office. Extention There is a fee for most types of determination letters and rulings. Extention For complete information on the rulings program, see the first Internal Revenue Bulletin published each year. Extention Prev  Up  Next   Home   More Online Publications
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Extention 4. Extention   Qualified Plans Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Kinds of PlansDefined Contribution Plan Defined Benefit Plan Qualification RulesEarly retirement. Extention Loan secured by benefits. Extention Waiver of survivor benefits. Extention Waiver of 30-day waiting period before annuity starting date. Extention Involuntary cash-out of benefits not more than dollar limit. Extention Exception for certain loans. Extention Exception for QDRO. Extention SIMPLE and safe harbor 401(k) plan exception. Extention Setting Up a Qualified PlanAdopting a Written Plan Investing Plan Assets Minimum Funding RequirementDue dates. Extention Installment percentage. Extention Extended period for making contributions. Extention ContributionsEmployer Contributions Employee Contributions When Contributions Are Considered Made Employer DeductionDeduction Limits Deduction Limit for Self-Employed Individuals Where To Deduct Contributions Carryover of Excess Contributions Excise Tax for Nondeductible (Excess) Contributions Elective Deferrals (401(k) Plans)Limit on Elective Deferrals Automatic Enrollment Treatment of Excess Deferrals Qualified Roth Contribution ProgramElective Deferrals Qualified Distributions Reporting Requirements DistributionsRequired Distributions Distributions From 401(k) Plans Tax Treatment of Distributions Tax on Early Distributions Tax on Excess Benefits Excise Tax on Reversion of Plan Assets Notification of Significant Benefit Accrual Reduction Prohibited TransactionsTax on Prohibited Transactions Reporting RequirementsOne-participant plan. Extention Caution: Form 5500-EZ not required. Extention Form 5500. Extention Electronic filing of Forms 5500 and 5500-SF. Extention Topics - This chapter discusses: Kinds of plans Qualification rules Setting up a qualified plan Minimum funding requirement Contributions Employer deduction Elective deferrals (401(k) plans) Qualified Roth contribution program Distributions Prohibited transactions Reporting requirements Useful Items - You may want to see: Publications 575 Pension and Annuity Income 590 Individual Retirement Arrangements (IRAs) 3066 Have you had your Check-up this year? for Retirement Plans 3998 Choosing A Retirement Solution for Your Small Business 4222 401(k) Plans for Small Businesses 4530 Designated Roth Accounts under a 401(k), 403(b), or governmental 457(b) plans 4531 401(k) Plan Checklist 4674 Automatic Enrollment 401(k) Plans for Small Businesses 4806 Profit Sharing Plans for Small Businesses Forms (and Instructions) www. Extention dol. Extention gov/ebsa/pdf/2013-5500. Extention pdf www. Extention dol. Extention gov/ebsa/pdf/2013-5500-SF. Extention pdf W-2 Wage and Tax Statement Schedule K-1 (Form 1065) Partner's Share of Income, Deductions, Credits, etc. Extention 1099-R Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Extention 1040 U. Extention S. Extention Individual Income Tax Return Schedule C (Form 1040) Profit or Loss From Business Schedule F (Form 1040) Profit or Loss From Farming 5300 Application for Determination for Employee Benefit Plan 5310 Application for Determination for Terminating Plan 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts 5330 Return of Excise Taxes Related to Employee Benefit Plans 5500 Annual Return/Report of Employee Benefit Plan. Extention For copies of this form, go to: 5500-EZ Annual Return of One-Participant (Owners and Their Spouses) Retirement Plan 5500-SF Short Form Annual Return/Report of Small Employee Benefit Plan. Extention For copies of this form, go to: 8717 User Fee for Employee Plan Determination Letter Request 8880 Credit for Qualified Retirement Savings Contributions 8881 Credit for Small Employer Pension Plan Startup Costs 8955-SSA Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits These qualified retirement plans set up by self-employed individuals are sometimes called Keogh or H. Extention R. Extention 10 plans. Extention A sole proprietor or a partnership can set up one of these plans. Extention A common-law employee or a partner cannot set up one of these plans. Extention The plans described here can also be set up and maintained by employers that are corporations. Extention All the rules discussed here apply to corporations except where specifically limited to the self-employed. Extention The plan must be for the exclusive benefit of employees or their beneficiaries. Extention These qualified plans can include coverage for a self-employed individual. Extention As an employer, you can usually deduct, subject to limits, contributions you make to a qualified plan, including those made for your own retirement. Extention The contributions (and earnings and gains on them) are generally tax free until distributed by the plan. Extention Kinds of Plans There are two basic kinds of qualified plans—defined contribution plans and defined benefit plans—and different rules apply to each. Extention You can have more than one qualified plan, but your contributions to all the plans must not total more than the overall limits discussed under Contributions and Employer Deduction, later. Extention Defined Contribution Plan A defined contribution plan provides an individual account for each participant in the plan. Extention It provides benefits to a participant largely based on the amount contributed to that participant's account. Extention Benefits are also affected by any income, expenses, gains, losses, and forfeitures of other accounts that may be allocated to an account. Extention A defined contribution plan can be either a profit-sharing plan or a money purchase pension plan. Extention Profit-sharing plan. Extention   Although it is called a “profit-sharing plan,” you do not actually have to make a business profit for the year in order to make a contribution (except for yourself if you are self-employed as discussed under Self-employed Individual, later). Extention A profit-sharing plan can be set up to allow for discretionary employer contributions, meaning the amount contributed each year to the plan is not fixed. Extention An employer may even make no contribution to the plan for a given year. Extention   The plan must provide a definite formula for allocating the contribution among the participants and for distributing the accumulated funds to the employees after they reach a certain age, after a fixed number of years, or upon certain other occurrences. Extention   In general, you can be more flexible in making contributions to a profit-sharing plan than to a money purchase pension plan (discussed next) or a defined benefit plan (discussed later). Extention Money purchase pension plan. Extention   Contributions to a money purchase pension plan are fixed and are not based on your business profits. Extention For example, if the plan requires that contributions be 10% of the participants' compensation without regard to whether you have profits (or the self-employed person has earned income), the plan is a money purchase pension plan. Extention This applies even though the compensation of a self-employed individual as a participant is based on earned income derived from business profits. Extention Defined Benefit Plan A defined benefit plan is any plan that is not a defined contribution plan. Extention Contributions to a defined benefit plan are based on what is needed to provide definitely determinable benefits to plan participants. Extention Actuarial assumptions and computations are required to figure these contributions. Extention Generally, you will need continuing professional help to have a defined benefit plan. Extention Qualification Rules To qualify for the tax benefits available to qualified plans, a plan must meet certain requirements (qualification rules) of the tax law. Extention Generally, unless you write your own plan, the financial institution that provided your plan will take the continuing responsibility for meeting qualification rules that are later changed. Extention The following is a brief overview of important qualification rules that generally have not yet been discussed. Extention It is not intended to be all-inclusive. Extention See Setting Up a Qualified Plan , later. Extention Generally, the following qualification rules also apply to a SIMPLE 401(k) retirement plan. Extention A SIMPLE 401(k) plan is, however, not subject to the top-heavy plan rules and nondiscrimination rules if the plan satisfies the provisions discussed in chapter 3 under SIMPLE 401(k) Plan. Extention Plan assets must not be diverted. Extention   Your plan must make it impossible for its assets to be used for, or diverted to, purposes other than the benefit of employees and their beneficiaries. Extention As a general rule, the assets cannot be diverted to the employer. Extention Minimum coverage requirement must be met. Extention   To be a qualified plan, a defined benefit plan must benefit at least the lesser of the following. Extention 50 employees, or The greater of: 40% of all employees, or Two employees. Extention If there is only one employee, the plan must benefit that employee. Extention Contributions or benefits must not discriminate. Extention   Under the plan, contributions or benefits to be provided must not discriminate in favor of highly compensated employees. Extention Contributions and benefits must not be more than certain limits. Extention   Your plan must not provide for contributions or benefits that are more than certain limits. Extention The limits apply to the annual contributions and other additions to the account of a participant in a defined contribution plan and to the annual benefit payable to a participant in a defined benefit plan. Extention These limits are discussed later in this chapter under Contributions. Extention Minimum vesting standard must be met. Extention   Your plan must satisfy certain requirements regarding when benefits vest. Extention A benefit is vested (you have a fixed right to it) when it becomes nonforfeitable. Extention A benefit is nonforfeitable if it cannot be lost upon the happening, or failure to happen, of any event. Extention Special rules apply to forfeited benefit amounts. Extention In defined contribution plans, forfeitures can be allocated to the accounts of remaining participants in a nondiscriminatory way, or they can be used to reduce your contributions. Extention   Forfeitures under a defined benefit plan cannot be used to increase the benefits any employee would otherwise receive under the plan. Extention Forfeitures must be used instead to reduce employer contributions. Extention Participation. Extention   In general, an employee must be allowed to participate in your plan if he or she meets both the following requirements. Extention Has reached age 21. Extention Has at least 1 year of service (2 years if the plan is not a 401(k) plan and provides that after not more than 2 years of service the employee has a nonforfeitable right to all his or her accrued benefit). Extention A plan cannot exclude an employee because he or she has reached a specified age. Extention Leased employee. Extention   A leased employee, defined in chapter 1, who performs services for you (recipient of the services) is treated as your employee for certain plan qualification rules. Extention These rules include those in all the following areas. Extention Nondiscrimination in coverage, contributions, and benefits. Extention Minimum age and service requirements. Extention Vesting. Extention Limits on contributions and benefits. Extention Top-heavy plan requirements. Extention Contributions or benefits provided by the leasing organization for services performed for you are treated as provided by you. Extention Benefit payment must begin when required. Extention   Your plan must provide that, unless the participant chooses otherwise, the payment of benefits to the participant must begin within 60 days after the close of the latest of the following periods. Extention The plan year in which the participant reaches the earlier of age 65 or the normal retirement age specified in the plan. Extention The plan year in which the 10th anniversary of the year in which the participant began participating in the plan occurs. Extention The plan year in which the participant separates from service. Extention Early retirement. Extention   Your plan can provide for payment of retirement benefits before the normal retirement age. Extention If your plan offers an early retirement benefit, a participant who separates from service before satisfying the early retirement age requirement is entitled to that benefit if he or she meets both the following requirements. Extention Satisfies the service requirement for the early retirement benefit. Extention Separates from service with a nonforfeitable right to an accrued benefit. Extention The benefit, which may be actuarially reduced, is payable when the early retirement age requirement is met. Extention Required minimum distributions. Extention   Special rules require minimum annual distributions from qualified plans, generally beginning after age  70½. Extention See Required Distributions , under Distributions, later. Extention Survivor benefits. Extention   Defined benefit and money purchase pension plans must provide automatic survivor benefits in both the following forms. Extention A qualified joint and survivor annuity for a vested participant who does not die before the annuity starting date. Extention A qualified pre-retirement survivor annuity for a vested participant who dies before the annuity starting date and who has a surviving spouse. Extention   The automatic survivor benefit also applies to any participant under a profit-sharing plan unless all the following conditions are met. Extention The participant does not choose benefits in the form of a life annuity. Extention The plan pays the full vested account balance to the participant's surviving spouse (or other beneficiary if the surviving spouse consents or if there is no surviving spouse) if the participant dies. Extention The plan is not a direct or indirect transferee of a plan that must provide automatic survivor benefits. Extention Loan secured by benefits. Extention   If automatic survivor benefits are required for a spouse under a plan, he or she must consent to a loan that uses as security the accrued benefits in the plan. Extention Waiver of survivor benefits. Extention   Each plan participant may be permitted to waive the joint and survivor annuity or the pre-retirement survivor annuity (or both), but only if the participant has the written consent of the spouse. Extention The plan also must allow the participant to withdraw the waiver. Extention The spouse's consent must be witnessed by a plan representative or notary public. Extention Waiver of 30-day waiting period before annuity starting date. Extention    A plan may permit a participant to waive (with spousal consent) the 30-day minimum waiting period after a written explanation of the terms and conditions of a joint and survivor annuity is provided to each participant. Extention   The waiver is allowed only if the distribution begins more than 7 days after the written explanation is provided. Extention Involuntary cash-out of benefits not more than dollar limit. Extention   A plan may provide for the immediate distribution of the participant's benefit under the plan if the present value of the benefit is not greater than $5,000. Extention   However, the distribution cannot be made after the annuity starting date unless the participant and the spouse or surviving spouse of a participant who died (if automatic survivor benefits are required for a spouse under the plan) consents in writing to the distribution. Extention If the present value is greater than $5,000, the plan must have the written consent of the participant and the spouse or surviving spouse (if automatic survivor benefits are required for a spouse under the plan) for any immediate distribution of the benefit. Extention   Benefits attributable to rollover contributions and earnings on them can be ignored in determining the present value of these benefits. Extention   A plan must provide for the automatic rollover of any cash-out distribution of more than $1,000 to an individual retirement account or annuity, unless the participant chooses otherwise. Extention A section 402(f) notice must be sent prior to an involuntary cash-out of an eligible rollover distribution. Extention See Section 402(f) Notice under Distributions, later, for more details. Extention Consolidation, merger, or transfer of assets or liabilities. Extention   Your plan must provide that, in the case of any merger or consolidation with, or transfer of assets or liabilities to, any other plan, each participant would (if the plan then terminated) receive a benefit equal to or more than the benefit he or she would have been entitled to just before the merger, etc. Extention (if the plan had then terminated). Extention Benefits must not be assigned or alienated. Extention   Your plan must provide that a participant's or beneficiary's benefits under the plan cannot be taken away by any legal or equitable proceeding except as provided below or pursuant to certain judgements or settlements against the participant for violations of plan rules. Extention Exception for certain loans. Extention   A loan from the plan (not from a third party) to a participant or beneficiary is not treated as an assignment or alienation if the loan is secured by the participant's accrued nonforfeitable benefit and is exempt from the tax on prohibited transactions under section 4975(d)(1) or would be exempt if the participant were a disqualified person. Extention A disqualified person is defined later in this chapter under Prohibited Transactions. Extention Exception for QDRO. Extention   Compliance with a QDRO (qualified domestic relations order) does not result in a prohibited assignment or alienation of benefits. Extention   Payments to an alternate payee under a QDRO before the participant attains age 59½ are not subject to the 10% additional tax that would otherwise apply under certain circumstances. Extention Benefits distributed to an alternate payee under a QDRO can be rolled over tax free to an individual retirement account or to an individual retirement annuity. Extention No benefit reduction for social security increases. Extention   Your plan must not permit a benefit reduction for a post-separation increase in the social security benefit level or wage base for any participant or beneficiary who is receiving benefits under your plan, or who is separated from service and has nonforfeitable rights to benefits. Extention This rule also applies to plans supplementing the benefits provided by other federal or state laws. Extention Elective deferrals must be limited. Extention   If your plan provides for elective deferrals, it must limit those deferrals to the amount in effect for that particular year. Extention See Limit on Elective Deferrals later in this chapter. Extention Top-heavy plan requirements. Extention   A top-heavy plan is one that mainly favors partners, sole proprietors, and other key employees. Extention   A plan is top-heavy for a plan year if, for the preceding plan year, the total value of accrued benefits or account balances of key employees is more than 60% of the total value of accrued benefits or account balances of all employees. Extention Additional requirements apply to a top-heavy plan primarily to provide minimum benefits or contributions for non-key employees covered by the plan. Extention   Most qualified plans, whether or not top-heavy, must contain provisions that meet the top-heavy requirements and will take effect in plan years in which the plans are top-heavy. Extention These qualification requirements for top-heavy plans are explained in section 416 and its regulations. Extention SIMPLE and safe harbor 401(k) plan exception. Extention   The top-heavy plan requirements do not apply to SIMPLE 401(k) plans, discussed earlier in chapter 3, or to safe harbor 401(k) plans that consist solely of safe harbor contributions, discussed later in this chapter. Extention QACAs (discussed later) also are not subject to top-heavy requirements. Extention Setting Up a Qualified Plan There are two basic steps in setting up a qualified plan. Extention First you adopt a written plan. Extention Then you invest the plan assets. Extention You, the employer, are responsible for setting up and maintaining the plan. Extention If you are self-employed, it is not necessary to have employees besides yourself to sponsor and set up a qualified plan. Extention If you have employees, see Participation, under Qualification Rules, earlier. Extention Set-up deadline. Extention   To take a deduction for contributions for a tax year, your plan must be set up (adopted) by the last day of that year (December 31 for calendar-year employers). Extention Credit for startup costs. Extention   You may be able to claim a tax credit for part of the ordinary and necessary costs of starting a qualified plan that first became effective in 2013. Extention For more information, see Credit for startup costs under Reminders, earlier. Extention Adopting a Written Plan You must adopt a written plan. Extention The plan can be an IRS-approved master or prototype plan offered by a sponsoring organization. Extention Or it can be an individually designed plan. Extention Written plan requirement. Extention   To qualify, the plan you set up must be in writing and must be communicated to your employees. Extention The plan's provisions must be stated in the plan. Extention It is not sufficient for the plan to merely refer to a requirement of the Internal Revenue Code. Extention Master or prototype plans. Extention   Most qualified plans follow a standard form of plan (a master or prototype plan) approved by the IRS. Extention Master and prototype plans are plans made available by plan providers for adoption by employers (including self-employed individuals). Extention Under a master plan, a single trust or custodial account is established, as part of the plan, for the joint use of all adopting employers. Extention Under a prototype plan, a separate trust or custodial account is established for each employer. Extention Plan providers. Extention   The following organizations generally can provide IRS-approved master or prototype plans. Extention Banks (including some savings and loan associations and federally insured credit unions). Extention Trade or professional organizations. Extention Insurance companies. Extention Mutual funds. Extention Individually designed plan. Extention   If you prefer, you can set up an individually designed plan to meet specific needs. Extention Although advance IRS approval is not required, you can apply for approval by paying a fee and requesting a determination letter. Extention You may need professional help for this. Extention See Rev. Extention Proc. Extention 2014-6, 2014-1 I. Extention R. Extention B. Extention 198, available at www. Extention irs. Extention gov/irb/2014-1_IRB/ar10. Extention html, as annually updated, that may help you decide whether to apply for approval. Extention Internal Revenue Bulletins are available on the IRS website at IRS. Extention gov They are also available at most IRS offices and at certain libraries. Extention User fee. Extention   The fee mentioned earlier for requesting a determination letter does not apply to employers who have 100 or fewer employees who received at least $5,000 of compensation from the employer for the preceding year. Extention At least one of them must be a non-highly compensated employee participating in the plan. Extention The fee does not apply to requests made by the later of the following dates. Extention The end of the 5th plan year the plan is in effect. Extention The end of any remedial amendment period for the plan that begins within the first 5 plan years. Extention The request cannot be made by the sponsor of a prototype or similar plan the sponsor intends to market to participating employers. Extention   For more information about whether the user fee applies, see Rev. Extention Proc. Extention 2014-8, 2014-1 I. Extention R. Extention B. Extention 242, available at www. Extention irs. Extention gov/irb/2014-1_IRB/ar12. Extention html, as may be annually updated; Notice 2003-49, 2003-32 I. Extention R. Extention B. Extention 294, available at www. Extention irs. Extention gov/irb/2003-32_IRB/ar13. Extention html; and Notice 2011-86, 2011-45 I. Extention R. Extention B. Extention 698, available at www. Extention irs. Extention gov/irb/2011-45_IRB/ar11. Extention html. Extention Investing Plan Assets In setting up a qualified plan, you arrange how the plan's funds will be used to build its assets. Extention You can establish a trust or custodial account to invest the funds. Extention You, the trust, or the custodial account can buy an annuity contract from an insurance company. Extention Life insurance can be included only if it is incidental to the retirement benefits. Extention You set up a trust by a legal instrument (written document). Extention You may need professional help to do this. Extention You can set up a custodial account with a bank, savings and loan association, credit union, or other person who can act as the plan trustee. Extention You do not need a trust or custodial account, although you can have one, to invest the plan's funds in annuity contracts or face-amount certificates. Extention If anyone other than a trustee holds them, however, the contracts or certificates must state they are not transferable. Extention Other plan requirements. Extention   For information on other important plan requirements, see Qualification Rules , earlier in this chapter. Extention Minimum Funding Requirement In general, if your plan is a money purchase pension plan or a defined benefit plan, you must actually pay enough into the plan to satisfy the minimum funding standard for each year. Extention Determining the amount needed to satisfy the minimum funding standard for a defined benefit plan is complicated, and you should seek professional help in order to meet these contribution requirements. Extention For information on this funding requirement, see section 412 and its regulations. Extention Quarterly installments of required contributions. Extention   If your plan is a defined benefit plan subject to the minimum funding requirements, you generally must make quarterly installment payments of the required contributions. Extention If you do not pay the full installments timely, you may have to pay interest on any underpayment for the period of the underpayment. Extention Due dates. Extention   The due dates for the installments are 15 days after the end of each quarter. Extention For a calendar-year plan, the installments are due April 15, July 15, October 15, and January 15 (of the following year). Extention Installment percentage. Extention   Each quarterly installment must be 25% of the required annual payment. Extention Extended period for making contributions. Extention   Additional contributions required to satisfy the minimum funding requirement for a plan year will be considered timely if made by 8½ months after the end of that year. Extention Contributions A qualified plan is generally funded by your contributions. Extention However, employees participating in the plan may be permitted to make contributions, and you may be permitted to make contributions on your own behalf. Extention See Employee Contributions and Elective Deferrals later. Extention Contributions deadline. Extention   You can make deductible contributions for a tax year up to the due date of your return (plus extensions) for that year. Extention Self-employed individual. Extention   You can make contributions on behalf of yourself only if you have net earnings (compensation) from self-employment in the trade or business for which the plan was set up. Extention Your net earnings must be from your personal services, not from your investments. Extention If you have a net loss from self-employment, you cannot make contributions for yourself for the year, even if you can contribute for common-law employees based on their compensation. Extention Employer Contributions There are certain limits on the contributions and other annual additions you can make each year for plan participants. Extention There are also limits on the amount you can deduct. Extention See Deduction Limits , later. Extention Limits on Contributions and Benefits Your plan must provide that contributions or benefits cannot exceed certain limits. Extention The limits differ depending on whether your plan is a defined contribution plan or a defined benefit plan. Extention Defined benefit plan. Extention   For 2013, the annual benefit for a participant under a defined benefit plan cannot exceed the lesser of the following amounts. Extention 100% of the participant's average compensation for his or her highest 3 consecutive calendar years. Extention $205,000 ($210,000 for 2014). Extention Defined contribution plan. Extention   For 2013, a defined contribution plan's annual contributions and other additions (excluding earnings) to the account of a participant cannot exceed the lesser of the following amounts. Extention 100% of the participant's compensation. Extention $51,000 ($52,000 for 2014). Extention   Catch-up contributions (discussed later under Limit on Elective Deferrals) are not subject to the above limit. Extention Employee Contributions Participants may be permitted to make nondeductible contributions to a plan in addition to your contributions. Extention Even though these employee contributions are not deductible, the earnings on them are tax free until distributed in later years. Extention Also, these contributions must satisfy the actual contribution percentage (ACP) test of section 401(m)(2), a nondiscrimination test that applies to employee contributions and matching contributions. Extention See Regulations sections 1. Extention 401(k)-2 and 1. Extention 401(m)-2 for further guidance relating to the nondiscrimination rules under sections 401(k) and 401(m). Extention When Contributions Are Considered Made You generally apply your plan contributions to the year in which you make them. Extention But you can apply them to the previous year if all the following requirements are met. Extention You make them by the due date of your tax return for the previous year (plus extensions). Extention The plan was established by the end of the previous year. Extention The plan treats the contributions as though it had received them on the last day of the previous year. Extention You do either of the following. Extention You specify in writing to the plan administrator or trustee that the contributions apply to the previous year. Extention You deduct the contributions on your tax return for the previous year. Extention A partnership shows contributions for partners on Form 1065. Extention Employer's promissory note. Extention   Your promissory note made out to the plan is not a payment that qualifies for the deduction. Extention Also, issuing this note is a prohibited transaction subject to tax. Extention See Prohibited Transactions , later. Extention Employer Deduction You can usually deduct, subject to limits, contributions you make to a qualified plan, including those made for your own retirement. Extention The contributions (and earnings and gains on them) are generally tax free until distributed by the plan. Extention Deduction Limits The deduction limit for your contributions to a qualified plan depends on the kind of plan you have. Extention Defined contribution plans. Extention   The deduction for contributions to a defined contribution plan (profit-sharing plan or money purchase pension plan) cannot be more than 25% of the compensation paid (or accrued) during the year to your eligible employees participating in the plan. Extention If you are self-employed, you must reduce this limit in figuring the deduction for contributions you make for your own account. Extention See Deduction Limit for Self-Employed Individuals , later. Extention   When figuring the deduction limit, the following rules apply. Extention Elective deferrals (discussed later) are not subject to the limit. Extention Compensation includes elective deferrals. Extention The maximum compensation that can be taken into account for each employee in 2013 is $255,000 ($260,000 for 2014). Extention Defined benefit plans. Extention   The deduction for contributions to a defined benefit plan is based on actuarial assumptions and computations. Extention Consequently, an actuary must figure your deduction limit. Extention    In figuring the deduction for contributions, you cannot take into account any contributions or benefits that are more than the limits discussed earlier under Limits on Contributions and Benefits, earlier. Extention Table 4–1. Extention Carryover of Excess Contributions Illustrated—Profit-Sharing Plan (000's omitted) Year Participants' compensation Participants' share of required contribution (10% of annual profit) Deductible  limit for current year (25% of compensation) Contribution Excess contribution carryover used1 Total  deduction including carryovers Excess contribution carryover available at end of year 2010 $1,000 $100 $250 $100 $ 0 $100 $ 0 2011 400 165 100 165 0 100 65 2012 500 100 125 100 25 125 40 2013 600 100 150 100 40 140 0  1There were no carryovers from years before 2010. Extention Deduction Limit for Self-Employed Individuals If you make contributions for yourself, you need to make a special computation to figure your maximum deduction for these contributions. Extention Compensation is your net earnings from self-employment, defined in chapter 1. Extention This definition takes into account both the following items. Extention The deduction for the deductible part of your self-employment tax. Extention The deduction for contributions on your behalf to the plan. Extention The deduction for your own contributions and your net earnings depend on each other. Extention For this reason, you determine the deduction for your own contributions indirectly by reducing the contribution rate called for in your plan. Extention To do this, use either the Rate Table for Self-Employed or the Rate Worksheet for Self-Employed in chapter 5. Extention Then figure your maximum deduction by using the Deduction Worksheet for Self-Employed in chapter 5. Extention Where To Deduct Contributions Deduct the contributions you make for your common-law employees on your tax return. Extention For example, sole proprietors deduct them on Schedule C (Form 1040) or Schedule F (Form 1040); partnerships deduct them on Form 1065; and corporations deduct them on Form 1120, or Form 1120S. Extention Sole proprietors and partners deduct contributions for themselves on line 28 of Form 1040. Extention (If you are a partner, contributions for yourself are shown on the Schedule K-1 (Form 1065) you get from the partnership. Extention ) Carryover of Excess Contributions If you contribute more to the plans than you can deduct for the year, you can carry over and deduct the difference in later years, combined with your contributions for those years. Extention Your combined deduction in a later year is limited to 25% of the participating employees' compensation for that year. Extention For purposes of this limit, a SEP is treated as a profit-sharing (defined contribution) plan. Extention However, this percentage limit must be reduced to figure your maximum deduction for contributions you make for yourself. Extention See Deduction Limit for Self-Employed Individuals, earlier. Extention The amount you carry over and deduct may be subject to the excise tax discussed next. Extention Table 4-1, earlier, illustrates the carryover of excess contributions to a profit-sharing plan. Extention Excise Tax for Nondeductible (Excess) Contributions If you contribute more than your deduction limit to a retirement plan, you have made nondeductible contributions and you may be liable for an excise tax. Extention In general, a 10% excise tax applies to nondeductible contributions made to qualified pension and profit-sharing plans and to SEPs. Extention Special rule for self-employed individuals. Extention   The 10% excise tax does not apply to any contribution made to meet the minimum funding requirements in a money purchase pension plan or a defined benefit plan. Extention Even if that contribution is more than your earned income from the trade or business for which the plan is set up, the difference is not subject to this excise tax. Extention See Minimum Funding Requirement , earlier. Extention Reporting the tax. Extention   You must report the tax on your nondeductible contributions on Form 5330. Extention Form 5330 includes a computation of the tax. Extention See the separate instructions for completing the form. Extention Elective Deferrals (401(k) Plans) Your qualified plan can include a cash or deferred arrangement under which participants can choose to have you contribute part of their before-tax compensation to the plan rather than receive the compensation in cash. Extention A plan with this type of arrangement is popularly known as a “401(k) plan. Extention ” (As a self-employed individual participating in the plan, you can contribute part of your before-tax net earnings from the business. Extention ) This contribution is called an “elective deferral” because participants choose (elect) to defer receipt of the money. Extention In general, a qualified plan can include a cash or deferred arrangement only if the qualified plan is one of the following plans. Extention A profit-sharing plan. Extention A money purchase pension plan in existence on June 27, 1974, that included a salary reduction arrangement on that date. Extention Partnership. Extention   A partnership can have a 401(k) plan. Extention Restriction on conditions of participation. Extention   The plan cannot require, as a condition of participation, that an employee complete more than 1 year of service. Extention Matching contributions. Extention   If your plan permits, you can make matching contributions for an employee who makes an elective deferral to your 401(k) plan. Extention For example, the plan might provide that you will contribute 50 cents for each dollar your participating employees choose to defer under your 401(k) plan. Extention Matching contributions are generally subject to the ACP test discussed earlier under Employee Contributions. Extention Nonelective contributions. Extention   You can also make contributions (other than matching contributions) for your participating employees without giving them the choice to take cash instead. Extention These are called nonelective contributions. Extention Employee compensation limit. Extention   No more than $255,000 of the employee's compensation can be taken into account when figuring contributions other than elective deferrals in 2013. Extention This limit is $260,000 in 2014. Extention SIMPLE 401(k) plan. Extention   If you had 100 or fewer employees who earned $5,000 or more in compensation during the preceding year, you may be able to set up a SIMPLE 401(k) plan. Extention A SIMPLE 401(k) plan is not subject to the nondiscrimination and top-heavy plan requirements discussed earlier under Qualification Rules. Extention For details about SIMPLE 401(k) plans, see SIMPLE 401(k) Plan in chapter 3. Extention Distributions. Extention   Certain rules apply to distributions from 401(k) plans. Extention See Distributions From 401(k) Plans , later. Extention Limit on Elective Deferrals There is a limit on the amount an employee can defer each year under these plans. Extention This limit applies without regard to community property laws. Extention Your plan must provide that your employees cannot defer more than the limit that applies for a particular year. Extention For 2013 and 2014, the basic limit on elective deferrals is $17,500. Extention This limit applies to all salary reduction contributions and elective deferrals. Extention If, in conjunction with other plans, the deferral limit is exceeded, the difference is included in the employee's gross income. Extention Catch-up contributions. Extention   A 401(k) plan can permit participants who are age 50 or over at the end of the calendar year to also make catch-up contributions. Extention The catch-up contribution limit for 2013 and 2014 is $5,500. Extention Elective deferrals are not treated as catch-up contributions for 2013 until they exceed the $17,500 limit, the actual deferral percentage (ADP) test limit of section 401(k)(3), or the plan limit (if any). Extention However, the catch-up contribution a participant can make for a year cannot exceed the lesser of the following amounts. Extention The catch-up contribution limit. Extention The excess of the participant's compensation over the elective deferrals that are not catch-up contributions. Extention Treatment of contributions. Extention   Your contributions to your own 401(k) plan are generally deductible by you for the year they are contributed to the plan. Extention Matching or nonelective contributions made to the plan are also deductible by you in the year of contribution. Extention Your employees' elective deferrals other than designated Roth contributions are tax free until distributed from the plan. Extention Elective deferrals are included in wages for social security, Medicare, and federal unemployment (FUTA) tax. Extention Forfeiture. Extention   Employees have a nonforfeitable right at all times to their accrued benefit attributable to elective deferrals. Extention Reporting on Form W-2. Extention   Do not include elective deferrals in the “Wages, tips, other compensation” box of Form W-2. Extention You must, however, include them in the “Social security wages” and “Medicare wages and tips” boxes. Extention You must also include them in box 12. Extention Mark the “Retirement plan” checkbox in box 13. Extention For more information, see the Form W-2 instructions. Extention Automatic Enrollment Your 401(k) plan can have an automatic enrollment feature. Extention Under this feature, you can automatically reduce an employee's pay by a fixed percentage and contribute that amount to the 401(k) plan on his or her behalf unless the employee affirmatively chooses not to have his or her pay reduced or chooses to have it reduced by a different percentage. Extention These contributions are elective deferrals. Extention An automatic enrollment feature will encourage employees' saving for retirement and will help your plan pass nondiscrimination testing (if applicable). Extention For more information, see Publication 4674, Automatic Enrollment 401(k) Plans for Small Businesses. Extention Eligible automatic contribution arrangement. Extention   Under an eligible automatic contribution arrangement (EACA), a participant is treated as having elected to have the employer make contributions in an amount equal to a uniform percentage of compensation. Extention This automatic election will remain in place until the participant specifically elects not to have such deferral percentage made (or elects a different percentage). Extention There is no required deferral percentage. Extention Withdrawals. Extention   Under an EACA, you may allow participants to withdraw their automatic contributions to the plan if certain conditions are met. Extention The participant must elect the withdrawal no later than 90 days after the date of the first elective contributions under the EACA. Extention The participant must withdraw the entire amount of EACA default contributions, including any earnings thereon. Extention   If the plan allows withdrawals under the EACA, the amount of the withdrawal other than the amount of any designated Roth contributions must be included in the employee's gross income for the tax year in which the distribution is made. Extention The additional 10% tax on early distributions will not apply to the distribution. Extention Notice requirement. Extention   Under an EACA, employees must be given written notice of the terms of the EACA within a reasonable period of time before each plan year. Extention The notice must be written in a manner calculated to be understood by the average employee and be sufficiently accurate and comprehensive in order to apprise the employee of his or her rights and obligations under the EACA. Extention The notice must include an explanation of the employee's right to elect not to have elective contributions made on his or her behalf, or to elect a different percentage, and the employee must be given a reasonable period of time after receipt of the notice before the first elective contribution is made. Extention The notice also must explain how contributions will be invested in the absence of an investment election by the employee. Extention Qualified automatic contribution arrangement. Extention    A qualified automatic contribution arrangement (QACA) is a type of safe harbor plan. Extention It contains an automatic enrollment feature, and mandatory employer contributions are required. Extention If your plan includes a QACA, it will not be subject to the ADP test (discussed later) nor the top-heavy requirements (discussed earlier). Extention Additionally, your plan will not be subject to the actual contribution percentage (ACP) test if certain additional requirements are met. Extention Under a QACA, each employee who is eligible to participate in the plan will be treated as having elected to make elective deferral contributions equal to a certain default percentage of compensation. Extention In order to not have default elective deferrals made, an employee must make an affirmative election specifying a deferral percentage (including zero, if desired). Extention If an employee does not make an affirmative election, the default deferral percentage must meet the following conditions. Extention It must be applied uniformly. Extention It must not exceed 10%. Extention It must be at least 3% in the first plan year it applies to an employee and through the end of the following year. Extention It must increase to at least 4% in the following plan year. Extention It must increase to at least 5% in the following plan year. Extention It must increase to at least 6% in subsequent plan years. Extention Matching or nonelective contributions. Extention   Under the terms of the QACA, you must make either matching or nonelective contributions according to the following terms. Extention Matching contributions. Extention You must make matching contributions on behalf of each non-highly compensated employee in the following amounts. Extention An amount equal to 100% of elective deferrals, up to 1% of compensation. Extention An amount equal to 50% of elective deferrals, from 1% up to 6% of compensation. Extention Other formulas may be used as long as they are at least as favorable to non-highly compensated employees. Extention The rate of matching contributions for highly compensated employees, including yourself, must not exceed the rates for non-highly compensated employees. Extention Nonelective contributions. Extention You must make nonelective contributions on behalf of every non-highly compensated employee eligible to participate in the plan, regardless of whether they elected to participate, in an amount equal to at least 3% of their compensation. Extention Vesting requirements. Extention   All accrued benefits attributed to matching or nonelective contributions under the QACA must be 100% vested for all employees who complete 2 years of service. Extention These contributions are subject to special withdrawal restrictions, discussed later. Extention Notice requirements. Extention   Each employee eligible to participate in the QACA must receive written notice of their rights and obligations under the QACA, within a reasonable period before each plan year. Extention The notice must be written in a manner calculated to be understood by the average employee, and it must be accurate and comprehensive. Extention The notice must explain their right to elect not to have elective contributions made on their behalf, or to have contributions made at a different percentage than the default percentage. Extention Additionally, the notice must explain how contributions will be invested in the absence of any investment election by the employee. Extention The employee must have a reasonable period of time after receiving the notice to make such contribution and investment elections prior to the first contributions under the QACA. Extention Treatment of Excess Deferrals If the total of an employee's deferrals is more than the limit for 2013, the employee can have the difference (called an excess deferral) paid out of any of the plans that permit these distributions. Extention He or she must notify the plan by April 15, 2014 (or an earlier date specified in the plan), of the amount to be paid from each plan. Extention The plan must then pay the employee that amount, plus earnings on the amount through the end of 2013, by April 15, 2014. Extention Excess withdrawn by April 15. Extention   If the employee takes out the excess deferral by April 15, 2014, it is not reported again by including it in the employee's gross income for 2014. Extention However, any income earned in 2013 on the excess deferral taken out is taxable in the tax year in which it is taken out. Extention The distribution is not subject to the additional 10% tax on early distributions. Extention   If the employee takes out part of the excess deferral and the income on it, the distribution is treated as made proportionately from the excess deferral and the income. Extention   Even if the employee takes out the excess deferral by April 15, the amount will be considered for purposes of nondiscrimination testing requirements of the plan, unless the distributed amount is for a non-highly compensated employee who participates in only one employer's 401(k) plan or plans. Extention Excess not withdrawn by April 15. Extention   If the employee does not take out the excess deferral by April 15, 2014, the excess, though taxable in 2013, is not included in the employee's cost basis in figuring the taxable amount of any eventual distributions under the plan. Extention In effect, an excess deferral left in the plan is taxed twice, once when contributed and again when distributed. Extention Also, if the employee's excess deferral is allowed to stay in the plan and the employee participates in no other employer's plan, the plan can be disqualified. Extention Reporting corrective distributions on Form 1099-R. Extention   Report corrective distributions of excess deferrals (including any earnings) on Form 1099-R. Extention For specific information about reporting corrective distributions, see the Instructions for Forms 1099-R and 5498. Extention Tax on excess contributions of highly compensated employees. Extention   The law provides tests to detect discrimination in a plan. Extention If tests, such as the actual deferral percentage test (ADP test) (see section 401(k)(3)) and the actual contribution percentage test (ACP test) (see section 401(m)(2)), show that contributions for highly compensated employees are more than the test limits for these contributions, the employer may have to pay a 10% excise tax. Extention Report the tax on Form 5330. Extention The ADP test does not apply to a safe harbor 401(k) plan (discussed next) nor to a QACA. Extention Also, the ACP test does not apply to these plans if certain additional requirements are met. Extention   The tax for the year is 10% of the excess contributions for the plan year ending in your tax year. Extention Excess contributions are elective deferrals, employee contributions, or employer matching or nonelective contributions that are more than the amount permitted under the ADP test or the ACP test. Extention   See Regulations sections 1. Extention 401(k)-2 and 1. Extention 401(m)-2 for further guidance relating to the nondiscrimination rules under sections 401(k) and 401(m). Extention    If the plan fails the ADP or ACP testing, and the failure is not corrected by the end of the next plan year, the plan can be disqualified. Extention Safe harbor 401(k) plan. Extention If you meet the requirements for a safe harbor 401(k) plan, you do not have to satisfy the ADP test, nor the ACP test, if certain additional requirements are met. Extention For your plan to be a safe harbor plan, you must meet the following conditions. Extention Matching or nonelective contributions. Extention You must make matching or nonelective contributions according to one of the following formulas. Extention Matching contributions. Extention You must make matching contributions according to the following rules. Extention You must contribute an amount equal to 100% of each non-highly compensated employee's elective deferrals, up to 3% of compensation. Extention You must contribute an amount equal to 50% of each non-highly compensated employee's elective deferrals, from 3% up to 5% of compensation. Extention The rate of matching contributions for highly compensated employees, including yourself, must not exceed the rates for non-highly compensated employees. Extention Nonelective contributions. Extention You must make nonelective contributions, without regard to whether the employee made elective deferrals, on behalf of all non-highly compensated employees eligible to participate in the plan, equal to at least 3% of the employee's compensation. Extention These mandatory matching and nonelective contributions must be immediately 100% vested and are subject to special withdrawal restrictions. Extention Notice requirement. Extention You must give eligible employees written notice of their rights and obligations with regard to contributions under the plan, within a reasonable period before the plan year. Extention The other requirements for a 401(k) plan, including withdrawal and vesting rules, must also be met for your plan to qualify as a safe harbor 401(k) plan. Extention Qualified Roth Contribution Program Under this program an eligible employee can designate all or a portion of his or her elective deferrals as after-tax Roth contributions. Extention Elective deferrals designated as Roth contributions must be maintained in a separate Roth account. Extention However, unlike other elective deferrals, designated Roth contributions are not excluded from employees' gross income, but qualified distributions from a Roth account are excluded from employees' gross income. Extention Elective Deferrals Under a qualified Roth contribution program, the amount of elective deferrals that an employee may designate as a Roth contribution is limited to the maximum amount of elective deferrals excludable from gross income for the year (for 2013 and 2014, $17,500 if under age 50 and $23,000 if age 50 or over) less the total amount of the employee's elective deferrals not designated as Roth contributions. Extention Designated Roth deferrals are treated the same as pre-tax elective deferrals for most purposes, including: The annual individual elective deferral limit (total of all designated Roth contributions and traditional, pre-tax elective deferrals) of $17,500 for 2013 and 2014, with an additional $5,500 if age 50 or over for 2013 and 2014, Determining the maximum employee and employer annual contributions of the lesser of 100% of compensation or $51,000 for 2013 ($52,000 for 2014), Nondiscrimination testing, Required distributions, and Elective deferrals not taken into account for purposes of deduction limits. Extention Qualified Distributions A qualified distribution is a distribution that is made after the employee's nonexclusion period and: On or after the employee attains age   59½, On account of the employee's being disabled, or On or after the employee's death. Extention An employee's nonexclusion period for a plan is the 5-tax-year period beginning with the earlier of the following tax years. Extention The first tax year in which the employee made a contribution to his or her Roth account in the plan, or If a rollover contribution was made to the employee's designated Roth account from a designated Roth account previously established for the employee under another plan, then the first tax year the employee made a designated Roth contribution to the previously established account. Extention Rollover. Extention   Beginning September 28, 2010, a rollover from another account can be made to a designated Roth account in the same plan. Extention For additional information on these in-plan Roth rollovers, see Notice 2010-84, 2010-51 I. Extention R. Extention B. Extention 872, available at www. Extention irs. Extention gov/irb/2010-51_IRB/ar11. Extention html, and Notice 2013-74. Extention A distribution from a designated Roth account can only be rolled over to another designated Roth account or a Roth IRA. Extention Rollover amounts do not apply toward the annual deferral limit. Extention Reporting Requirements You must report a contribution to a Roth account on Form W-2 and a distribution from a Roth account on Form 1099-R. Extention See the Form W-2 and 1099-R instructions for detailed information. Extention Distributions Amounts paid to plan participants from a qualified plan are called distributions. Extention Distributions may be nonperiodic, such as lump-sum distributions, or periodic, such as annuity payments. Extention Also, certain loans may be treated as distributions. Extention See Loans Treated as Distributions in Publication 575. Extention Required Distributions A qualified plan must provide that each participant will either: Receive his or her entire interest (benefits) in the plan by the required beginning date (defined later), or Begin receiving regular periodic distributions by the required beginning date in annual amounts calculated to distribute the participant's entire interest (benefits) over his or her life expectancy or over the joint life expectancy of the participant and the designated beneficiary (or over a shorter period). Extention These distribution rules apply individually to each qualified plan. Extention You cannot satisfy the requirement for one plan by taking a distribution from another. Extention The plan must provide that these rules override any inconsistent distribution options previously offered. Extention Minimum distribution. Extention   If the account balance of a qualified plan participant is to be distributed (other than as an annuity), the plan administrator must figure the minimum amount required to be distributed each distribution calendar year. Extention This minimum is figured by dividing the account balance by the applicable life expectancy. Extention The plan administrator can use the life expectancy tables in Appendix C of Publication 590 for this purpose. Extention For more information on figuring the minimum distribution, see Tax on Excess Accumulation in Publication 575. Extention Required beginning date. Extention   Generally, each participant must receive his or her entire benefits in the plan or begin to receive periodic distributions of benefits from the plan by the required beginning date. Extention   A participant must begin to receive distributions from his or her qualified retirement plan by April 1 of the first year after the later of the following years. Extention Calendar year in which he or she reaches age 70½. Extention Calendar year in which he or she retires from employment with the employer maintaining the plan. Extention However, the plan may require the participant to begin receiving distributions by April 1 of the year after the participant reaches age 70½ even if the participant has not retired. Extention   If the participant is a 5% owner of the employer maintaining the plan, the participant must begin receiving distributions by April 1 of the first year after the calendar year in which the participant reached age 70½. Extention For more information, see Tax on Excess Accumulation in Publication 575. Extention Distributions after the starting year. Extention   The distribution required to be made by April 1 is treated as a distribution for the starting year. Extention (The starting year is the year in which the participant meets (1) or (2) above, whichever applies. Extention ) After the starting year, the participant must receive the required distribution for each year by December 31 of that year. Extention If no distribution is made in the starting year, required distributions for 2 years must be made in the next year (one by April 1 and one by December 31). Extention Distributions after participant's death. Extention   See Publication 575 for the special rules covering distributions made after the death of a participant. Extention Distributions From 401(k) Plans Generally, distributions cannot be made until one of the following occurs. Extention The employee retires, dies, becomes disabled, or otherwise severs employment. Extention The plan ends and no other defined contribution plan is established or continued. Extention In the case of a 401(k) plan that is part of a profit-sharing plan, the employee reaches age 59½ or suffers financial hardship. Extention For the rules on hardship distributions, including the limits on them, see Regulations section 1. Extention 401(k)-1(d). Extention The employee becomes eligible for a qualified reservist distribution (defined next). Extention Certain distributions listed above may be subject to the tax on early distributions discussed later. Extention Qualified reservist distributions. Extention   A qualified reservist distribution is a distribution from an IRA or an elective deferral account made after September 11, 2001, to a military reservist or a member of the National Guard who has been called to active duty for at least 180 days or for an indefinite period. Extention All or part of a qualified reservist distribution can be recontributed to an IRA. Extention The additional 10% tax on early distributions does not apply to a qualified reservist distribution. Extention Tax Treatment of Distributions Distributions from a qualified plan minus a prorated part of any cost basis are subject to income tax in the year they are distributed. Extention Since most recipients have no cost basis, a distribution is generally fully taxable. Extention An exception is a distribution that is properly rolled over as discussed under Rollover, next. Extention The tax treatment of distributions depends on whether they are made periodically over several years or life (periodic distributions) or are nonperiodic distributions. Extention See Taxation of Periodic Payments and Taxation of Nonperiodic Payments in Publication 575 for a detailed description of how distributions are taxed, including the 10-year tax option or capital gain treatment of a lump-sum distribution. Extention Note. Extention A recipient of a distribution from a designated Roth account will have a cost basis since designated Roth contributions are made on an after-tax basis. Extention Also, a distribution from a designated Roth account is entirely tax-free if certain conditions are met. Extention See Qualified distributions under Qualified Roth Contribution Program, earlier. Extention Rollover. Extention   The recipient of an eligible rollover distribution from a qualified plan can defer the tax on it by rolling it over into a traditional IRA or another eligible retirement plan. Extention However, it may be subject to withholding as discussed under Withholding requirement, later. Extention A rollover can also be made to a Roth IRA, in which case, any previously untaxed amounts are includible in gross income unless the rollover is from a designated Roth account. Extention Eligible rollover distribution. Extention   This is a distribution of all or any part of an employee's balance in a qualified retirement plan that is not any of the following. Extention A required minimum distribution. Extention See Required Distributions , earlier. Extention Any of a series of substantially equal payments made at least once a year over any of the following periods. Extention The employee's life or life expectancy. Extention The joint lives or life expectancies of the employee and beneficiary. Extention A period of 10 years or longer. Extention A hardship distribution. Extention The portion of a distribution that represents the return of an employee's nondeductible contributions to the plan. Extention See Employee Contributions , earlier, and Rollover of nontaxable amounts, next. Extention Loans treated as distributions. Extention Dividends on employer securities. Extention The cost of any life insurance coverage provided under a qualified retirement plan. Extention Similar items designated by the IRS in published guidance. Extention See, for example, the Instructions for Forms 1099-R and 5498. Extention Rollover of nontaxable amounts. Extention   You may be able to roll over the nontaxable part of a distribution to another qualified retirement plan or a section 403(b) plan, or to an IRA. Extention If the rollover is to a qualified retirement plan or a section 403(b) plan that separately accounts for the taxable and nontaxable parts of the rollover, the transfer must be made through a direct (trustee-to-trustee) rollover. Extention If the rollover is to an IRA, the transfer can be made by any rollover method. Extention Note. Extention A distribution from a designated Roth account can be rolled over to another designated Roth account or to a Roth IRA. Extention If the rollover is to a Roth IRA, it can be rolled over by any rollover method, but if the rollover is to another designated Roth account, it must be rolled over directly (trustee-to-trustee). Extention More information. Extention   For more information about rollovers, see Rollovers in Pubs. Extention 575 and 590. Extention Withholding requirement. Extention   If, during a year, a qualified plan pays to a participant one or more eligible rollover distributions (defined earlier) that are reasonably expected to total $200 or more, the payor must withhold 20% of the taxable portion of each distribution for federal income tax. Extention Exceptions. Extention   If, instead of having the distribution paid to him or her, the participant chooses to have the plan pay it directly to an IRA or another eligible retirement plan (a direct rollover), no withholding is required. Extention   If the distribution is not an eligible rollover distribution, defined earlier, the 20% withholding requirement does not apply. Extention Other withholding rules apply to distributions that are not eligible rollover distributions, such as long-term periodic distributions and required distributions (periodic or nonperiodic). Extention However, the participant can choose not to have tax withheld from these distributions. Extention If the participant does not make this choice, the following withholding rules apply. Extention For periodic distributions, withholding is based on their treatment as wages. Extention For nonperiodic distributions, 10% of the taxable part is withheld. Extention Estimated tax payments. Extention   If no income tax is withheld or not enough tax is withheld, the recipient of a distribution may have to make estimated tax payments. Extention For more information, see Withholding Tax and Estimated Tax in Publication 575. Extention Section 402(f) Notice. Extention   If a distribution is an eligible rollover distribution, as defined earlier, you must provide a written notice to the recipient that explains the following rules regarding such distributions. Extention That the distribution may be directly transferred to an eligible retirement plan and information about which distributions are eligible for this direct transfer. Extention That tax will be withheld from the distribution if it is not directly transferred to an eligible retirement plan. Extention That the distribution will not be subject to tax if transferred to an eligible retirement plan within 60 days after the date the recipient receives the distribution. Extention Certain other rules that may be applicable. Extention   Notice 2009-68, 2009-39 I. Extention R. Extention B. Extention 423, available at www. Extention irs. Extention gov/irb/2009-39_IRB/ar14. Extention html, contains two updated safe harbor section 402(f) notices that plan administrators may provide recipients of eligible rollover distributions. Extention If the plan allows in-plan Roth rollovers, the 402(f) notice must be amended to reflect this. Extention Notice 2010-84 contains guidance on how to modify a 402(f) notice for in-plan Roth rollovers. Extention Timing of notice. Extention   The notice generally must be provided no less than 30 days and no more than 180 days before the date of a distribution. Extention Method of notice. Extention   The written notice must be provided individually to each distributee of an eligible rollover distribution. Extention Posting of the notice is not sufficient. Extention However, the written requirement may be satisfied through the use of electronic media if certain additional conditions are met. Extention See Regulations section 1. Extention 401(a)-21. Extention Tax on failure to give notice. Extention   Failure to give a 402(f) notice will result in a tax of $100 for each failure, with a total not exceeding $50,000 per calendar year. Extention The tax will not be imposed if it is shown that such failure is due to reasonable cause and not to willful neglect. Extention Tax on Early Distributions If a distribution is made to an employee under the plan before he or she reaches age 59½, the employee may have to pay a 10% additional tax on the distribution. Extention This tax applies to the amount received that the employee must include in income. Extention Exceptions. Extention   The 10% tax will not apply if distributions before age 59½ are made in any of the following circumstances. Extention Made to a beneficiary (or to the estate of the employee) on or after the death of the employee. Extention Made due to the employee having a qualifying disability. Extention Made as part of a series of substantially equal periodic payments beginning after separation from service and made at least annually for the life or life expectancy of the employee or the joint lives or life expectancies of the employee and his or her designated beneficiary. Extention (The payments under this exception, except in the case of death or disability, must continue for at least 5 years or until the employee reaches age 59½, whichever is the longer period. Extention ) Made to an employee after separation from service if the separation occurred during o