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Publication 17
taxmap/pub17/p17-089.htm#en_us_publink1000172558

Chapter 17
Individual Retirement Arrangements (IRAs)(p118)

What's New for 2012(p118)


taxmap/pub17/p17-089.htm#en_us_publink1000202625
Modified AGI limit for traditional IRA contributions increased.(p118)
For 2012, if you were covered by a retirement plan at work, your deduction for contributions to a traditional IRA is reduced (phased out) if your modified AGI is:
  • More than $92,000 but less than $112,000 for a married couple filing a joint return or a qualifying widow(er),
  • More than $58,000 but less than $68,000 for a single individual or head of household, or
  • Less than $10,000 for a married individual filing a separate return.
If you either lived with your spouse or file a joint return, and your spouse was covered by a retirement plan at work, but you were not, your deduction is phased out if your modified AGI is more than $173,000 but less than $183,000. If your modified AGI is $183,000 or more, you cannot take a deduction for contributions to a traditional IRA. See How Much Can You Deduct, later.
taxmap/pub17/p17-089.htm#en_us_publink1000202627
Modified AGI limit for Roth IRA contributions increased.(p118)
For 2012, your Roth IRA contribution limit is reduced (phased out) in the following situations.
  • Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $173,000. You cannot make a Roth IRA contribution if your modified AGI is $183,000 or more.
  • Your filing status is single, head of household, or married filing separately and you did not live with your spouse at any time in 2012 and your modified AGI is at least $110,000. You cannot make a Roth IRA contribution if your modified AGI is $125,000 or more.
  • Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.
See Can You Contribute to a Roth IRA, later.
taxmap/pub17/p17-089.htm#en_us_publink1000272826
Qualified charitable distributions (QCD). (p118)
The provision that excludes up to $100,000 of qualified charitable distributions (QCD) from income has been extended. You can elect to treat a QCD made in January 2013 as if it were made in 2012. Additionally, any portion of a distribution from an IRA in December 2012 contributed as cash (or cash equivalent) to a charity before February 1, 2013 can be treated as a QCD for 2012 if it meets certain requirements. Both these transactions can count towards your minimum required distributions for 2012. See Pub. 590 for more information.
taxmap/pub17/p17-089.htm#en_us_publink1000272825
Airline payments.(p118)
On February 14, 2012, the FAA Modernization and Reform Act was signed into law. This new law allows qualified airline employees to roll over up to 90% of all airline payments received to a traditional IRA. It would also allow qualified airline employees who previously rolled over any airline payments to a Roth IRA to transfer a portion of the rollover contribution (including any allocable income or (loss)) as a rollover contribution to a traditional IRA, limited to 90% of all airline payments received. Generally, the rollover contribution to the traditional IRA must be made within 180 days from the date you received the airline payment, or before August 14, 2012, whichever is later. For more information, see Publication 590.

What's New for 2013(p118)


taxmap/pub17/p17-089.htm#en_us_publink1000290883
Traditional IRA contribution and deduction limit.(p118)
The contribution limit to your traditional IRA for 2013 will be increased to the smaller of the following amounts:
  • $5,500, or
  • Your taxable compensation for the year.
If you were age 50 or older before 2014, the most that can be contributed to your traditional IRA for 2013 will be the smaller of the following amounts:
  • $6,500, or
  • Your taxable compensation for the year.
For more information, see How Much Can Be Contributed? later.
taxmap/pub17/p17-089.htm#en_us_publink1000290886
Roth IRA contribution limit.(p118)
If contributions on your behalf are made only to Roth IRAs, your contribution limit for 2013 will generally be the lesser of:
  • $5,500, or
  • Your taxable compensation for the year.
If you were age 50 or older before 2014 and contributions on your behalf were made only to Roth IRAs, your contribution limit for 2013 will generally be the lesser of:
  • $6,500, or
  • Your taxable compensation for the year.
However, if your modified adjusted gross income (AGI) is above a certain amount, your contribution limit may be reduced.
For more information, see How Much Can Be Contributed? under Can You Contribute to a Roth IRA? later.
taxmap/pub17/p17-089.htm#en_us_publink1000290754
Modified AGI limit for traditional IRA contributions increased.(p118)
For 2013, if you are covered by a retirement plan at work, your deduction for contributions to a traditional IRA is reduced (phased out) if your modified AGI is:
  • More than $95,000 but less than $115,000 for a married couple filing a joint return or a qualifying widow(er),
  • More than $59,000 but less than $69,000 for a single individual or head of household, or
  • Less than $10,000 for a married individual filing a separate return.
If you either live with your spouse or file a joint return, and your spouse is covered by a retirement plan at work, but you are not, your deduction is phased out if your modified AGI is more than $178,000 but less than $188,000. If your modified AGI is $188,000 or more, you cannot take a deduction for contributions to a traditional IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000290755
Modified AGI limit for Roth IRA contributions increased.(p118)
For 2013, your Roth IRA contribution limit is reduced (phased out) in the following situations.
  • Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $178,000. You cannot make a Roth IRA contribution if your modified AGI is $188,000 or more.
  • Your filing status is single, head of household, or married filing separately and you did not live with your spouse at any time in 2013 and your modified AGI is at least $112,000. You cannot make a Roth IRA contribution if your modified AGI is $127,000 or more.
  • Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

Reminders(p118)


taxmap/pub17/p17-089.htm#en_us_publink1000264746
Rollovers or conversions to a Roth IRA in 2010.(p118)
If you rolled over or converted an amount to your Roth IRA in 2010 that you did not elect to include in income for 2010, you are required to include your 2010 rollover or conversion in income for 2011 and 2012. See Publication 590 for information on how much to include in your income for 2012.
taxmap/pub17/p17-089.htm#en_us_publink1000172582
Contributions to both traditional and Roth IRAs.(p118)
For information on your combined contribution limit if you contribute to both traditional and Roth IRAs, see Roth IRAs and traditional IRAs under How Much Can Be Contributed? in Roth IRAs, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172584
Statement of required minimum distribution.(p118)
If a minimum distribution from your IRA is required, the trustee, custodian, or issuer that held the IRA at the end of the preceding year must either report the amount of the required minimum distribution to you, or offer to calculate it for you. The report or offer must include the date by which the amount must be distributed. The report is due January 31 of the year in which the minimum distribution is required. It can be provided with the year-end fair market value statement that you normally get each year. No report is required for IRAs of owners who have died.
taxmap/pub17/p17-089.htm#en_us_publink1000172585
IRA interest.(p119)
Although interest earned from your IRA is generally not taxed in the year earned, it is not tax-exempt interest. Tax on your traditional IRA is generally deferred until you take a distribution. Do not report this interest on your tax return as tax-exempt interest.
taxmap/pub17/p17-089.htm#en_us_publink1000172586
Form 8606.(p119)
To designate contributions as nondeductible, you must file Form 8606, Nondeductible IRAs.
taxmap/pub17/p17-089.htm#en_us_publink1000202636
Disaster-related tax relief.(p119)
Special rules apply to the use of retirement funds (including IRAs) by qualified individuals who suffered an economic loss as a result of the severe storms in the Midwestern disaster areas in 2008. For more information on these special rules see Tax Relief for Midwestern Disaster Areas in chapter 4 of Publication 590.
Deposit
The term "50 or older" is used several times in this chapter. It refers to an IRA owner who is age 50 or older by the end of the tax year.
taxmap/pub17/p17-089.htm#en_us_publink1000272824
An individual retirement arrangement (IRA) is a personal savings plan that gives you tax advantages for setting aside money for your retirement.
This chapter discusses the following topics.
Simplified Employee Pensions (SEPs) and Savings Incentive Match Plans for Employees (SIMPLEs) are not discussed in this chapter. For more information on these plans and employees' SEP IRAs and SIMPLE IRAs that are part of these plans, see Publications 560 and 590.
For information about contributions, deductions, withdrawals, transfers, rollovers, and other transactions, see Publication 590.

taxmap/pub17/p17-089.htm#TXMP10fae26d

Useful items

You may want to see:


Publication
 560 Retirement Plans for Small Business
 590 Individual Retirement Arrangements (IRAs)
Form (and Instructions)
 5329: Additional Taxes on Qualified Plans (including IRAs) and Other Tax-Favored Accounts
 8606: Nondeductible IRAs
taxmap/pub17/p17-089.htm#en_us_publink1000172589

Traditional IRAs(p119)

rule
In this chapter, the original IRA (sometimes called an ordinary or regular IRA) is referred to as a "traditional IRA." A traditional IRA is any IRA that is not a Roth IRA or a SIMPLE IRA.Two advantages of a traditional IRA are:
taxmap/pub17/p17-089.htm#en_us_publink1000172591

Who Can Open
a Traditional IRA?(p119)

rule
You can open and make contributions to a traditional IRA if:
taxmap/pub17/p17-089.htm#en_us_publink1000172592

What is compensation?(p119)

rule
Generally, compensation is what you earn from working. Compensation includes wages, salaries, tips, professional fees, bonuses, and other amounts you receive for providing personal services. The IRS treats as compensation any amount properly shown in box 1 (Wages, tips, other compensation) of Form W-2, Wage and Tax Statement, provided that amount is reduced by any amount properly shown in box 11 (Nonqualified plans).
Scholarship and fellowship payments are compensation for this purpose only if shown in box 1 of Form W-2.
Compensation also includes commissions and taxable alimony and separate maintenance payments.
taxmap/pub17/p17-089.htm#en_us_publink1000172593
Self-employment income.(p119)
If you are self-employed (a sole proprietor or a partner), compensation is the net earnings from your trade or business (provided your personal services are a material income-producing factor) reduced by the total of:
Compensation includes earnings from self-employment even if they are not subject to self-employment tax because of your religious beliefs.
taxmap/pub17/p17-089.htm#en_us_publink1000172594
Nontaxable combat pay.(p119)
For IRA purposes, if you were a member of the U.S. Armed Forces, your compensation includes any nontaxable combat pay you receive.
taxmap/pub17/p17-089.htm#en_us_publink1000172595

What is not compensation?(p119)

rule
Compensation does not include any of the following items.
taxmap/pub17/p17-089.htm#en_us_publink1000172596

When and How Can a Traditional IRA Be Opened?(p119)

rule
You can open a traditional IRA at any time. However, the time for making contributions for any year is limited. See When Can Contributions Be Made, later.
You can open different kinds of IRAs with a variety of organizations. You can open an IRA at a bank or other financial institution or with a mutual fund or life insurance company. You can also open an IRA through your stockbroker. Any IRA must meet Internal Revenue Code requirements.
taxmap/pub17/p17-089.htm#en_us_publink1000172598

Kinds of traditional IRAs.(p119)

rule
Your traditional IRA can be an individual retirement account or annuity. It can be part of either a simplified employee pension (SEP) or an employer or employee association trust account.
taxmap/pub17/p17-089.htm#en_us_publink1000172599

How Much Can Be
Contributed?(p119)

rule
There are limits and other rules that affect the amount that can be contributed to a traditional IRA. These limits and other rules are explained below.
taxmap/pub17/p17-089.htm#en_us_publink1000172600

Community property laws.(p119)

rule
Except as discussed later under Spousal IRA limit, each spouse figures his or her limit separately, using his or her own compensation. This is the rule even in states with community property laws.
taxmap/pub17/p17-089.htm#en_us_publink1000172602

Brokers' commissions.(p119)

rule
Brokers' commissions paid in connection with your traditional IRA are subject to the contribution limit.
taxmap/pub17/p17-089.htm#en_us_publink1000172603

Trustees' fees.(p119)

rule
Trustees' administrative fees are not subject to the contribution limit.
taxmap/pub17/p17-089.htm#en_us_publink1000172604

Qualified reservist repayments.(p119)

rule
If you are (or were) a member of a reserve component and you were ordered or called to active duty after September 11, 2001, you may be able to contribute (repay) to an IRA amounts equal to any qualified reservist distributions you received. You can make these repayment contributions even if they would cause your total contributions to the IRA to be more than the general limit on contributions. To be eligible to make these repayment contributions, you must have received a qualified reservist distribution from an IRA or from a section 401(k) or 403(b) plan or similar arrangement.
For more information, see Qualified reservist repayments under How Much Can Be Contributed? in chapter 1 of Publication 590.
EIC
Contributions on your behalf to a traditional IRA reduce your limit for contributions to a Roth IRA. (See Roth IRAs, later.)
taxmap/pub17/p17-089.htm#en_us_publink1000172607

General limit.(p120)

rule
For 2012, the most that can be contributed to your traditional IRA generally is the smaller of the following amounts. This is the most that can be contributed regardless of whether the contributions are to one or more traditional IRAs or whether all or part of the contributions are nondeductible. (See Nondeductible Contributions, later.) Qualified reservist repayments do not affect this limit.
taxmap/pub17/p17-089.htm#en_us_publink1000172609

Example 1.(p120)

Betty, who is 34 years old and single, earned $24,000 in 2012. Her IRA contributions for 2012 are limited to $5,000.
taxmap/pub17/p17-089.htm#en_us_publink1000172610

Example 2.(p120)

John, an unmarried college student working part time, earned $3,500 in 2012. His IRA contributions for 2012 are limited to $3,500, the amount of his compensation.
taxmap/pub17/p17-089.htm#en_us_publink1000172612

Spousal IRA limit.(p120)

rule
For 2012, if you file a joint return and your taxable compensation is less than that of your spouse, the most that can be contributed for the year to your IRA is the smaller of the following amounts.
  1. $5,000 ($6,000 if you are 50 or older).
  2. The total compensation includible in the gross income of both you and your spouse for the year, reduced by the following two amounts.
    1. Your spouse's IRA contribution for the year to a traditional IRA.
    2. Any contribution for the year to a Roth IRA on behalf of your spouse.
This means that the total combined contributions that can be made for the year to your IRA and your spouse's IRA can be as much as $10,000 ($11,000 if only one of you is 50 or older, or $12,000 if both of you are 50 or older).
taxmap/pub17/p17-089.htm#en_us_publink1000172613

When Can Contributions Be Made?(p120)

rule
As soon as you open your traditional IRA, contributions can be made to it through your chosen sponsor (trustee or other administrator). Contributions must be in the form of money (cash, check, or money order). Property cannot be contributed.
taxmap/pub17/p17-089.htm#en_us_publink1000172614

Contributions must be made by due date.(p120)

rule
Contributions can be made to your traditional IRA for a year at any time during the year or by the due date for filing your return for that year, not including extensions.
taxmap/pub17/p17-089.htm#en_us_publink1000172616

Age 701/2 rule.(p120)

rule
Contributions cannot be made to your traditional IRA for the year in which you reach age 701/2 or for any later year.
You attain age 701/2 on the date that is 6 calendar months after the 70th anniversary of your birth. If you were born on or before June 30, 1942, you cannot contribute for 2012 or any later year.
taxmap/pub17/p17-089.htm#en_us_publink1000172617

Designating year for which contribution is made.(p120)

rule
If an amount is contributed to your traditional IRA between January 1 and April 15, you should tell the sponsor which year (the current year or the previous year) the contribution is for. If you do not tell the sponsor which year it is for, the sponsor can assume, and report to the IRS, that the contribution is for the current year (the year the sponsor received it).
taxmap/pub17/p17-089.htm#en_us_publink1000172618

Filing before a contribution is made.(p120)

rule
You can file your return claiming a traditional IRA contribution before the contribution is actually made. Generally, the contribution must be made by the due date of your return, not including extensions.
taxmap/pub17/p17-089.htm#en_us_publink1000172619

Contributions not required.(p120)

rule
You do not have to contribute to your traditional IRA for every tax year, even if you can.
taxmap/pub17/p17-089.htm#en_us_publink1000172620

How Much Can You Deduct?(p120)

rule
Generally, you can deduct the lesser of: However, if you or your spouse was covered by an employer retirement plan, you may not be able to deduct this amount. See Limit If Covered by Employer Plan, later.
Deposit
You may be able to claim a credit for contributions to your traditional IRA. For more information, see chapter 36.
taxmap/pub17/p17-089.htm#en_us_publink1000172623

Trustees' fees.(p120)

rule
Trustees' administrative fees that are billed separately and paid in connection with your traditional IRA are not deductible as IRA contributions. However, they may be deductible as a miscellaneous itemized deduction on Schedule A (Form 1040). See chapter 28.
taxmap/pub17/p17-089.htm#en_us_publink1000172624

Brokers' commissions.(p120)

rule
Brokers' commissions are part of your IRA contribution and, as such, are deductible subject to the limits.
taxmap/pub17/p17-089.htm#en_us_publink1000172625

Full deduction.(p120)

rule
If neither you nor your spouse was covered for any part of the year by an employer retirement plan, you can take a deduction for total contributions to one or more traditional IRAs of up to the lesser of: This limit is reduced by any contributions made to a 501(c)(18) plan on your behalf.
taxmap/pub17/p17-089.htm#en_us_publink1000172626
Spousal IRA.(p120)
In the case of a married couple with unequal compensation who file a joint return, the deduction for contributions to the traditional IRA of the spouse with less compensation is limited to the lesser of the following amounts.
  1. $5,000 ($6,000 if the spouse with the lower compensation is age 50 or older in 2012).
  2. The total compensation includible in the gross income of both spouses for the year reduced by the following three amounts.
    1. The IRA deduction for the year of the spouse with the greater compensation.
    2. Any designated nondeductible contribution for the year made on behalf of the spouse with the greater compensation.
    3. Any contributions for the year to a Roth IRA on behalf of the spouse with the greater compensation.
This limit is reduced by any contributions to a 501(c)(18) plan on behalf of the spouse with the lesser compensation.
Note.If you were divorced or legally separated (and did not remarry) before the end of the year, you cannot deduct any contributions to your spouse's IRA. After a divorce or legal separation, you can deduct only contributions to your own IRA. Your deductions are subject to the rules for single individuals.
taxmap/pub17/p17-089.htm#en_us_publink1000172628

Covered by an employer retirement plan.(p120)

rule
If you or your spouse was covered by an employer retirement plan at any time during the year for which contributions were made, your deduction may be further limited. This is discussed later under Limit If Covered by Employer Plan. Limits on the amount you can deduct do not affect the amount that can be contributed. See Nondeductible Contributions, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172631

Are You Covered by an Employer Plan?(p120)

rule
The Form W-2 you receive from your employer has a box used to indicate whether you were covered for the year. The "Retirement plan" box should be checked if you were covered.
Reservists and volunteer firefighters should also see Situations in Which You Are Not Covered by an Employer Plan, later.
If you are not certain whether you were covered by your employer's retirement plan, you should ask your employer.
taxmap/pub17/p17-089.htm#en_us_publink1000172633

Federal judges.(p120)

rule
For purposes of the IRA deduction, federal judges are covered by an employer retirement plan.
taxmap/pub17/p17-089.htm#en_us_publink1000172634

For Which Year(s) Are You Covered by an Employer Plan?(p120)

rule
Special rules apply to determine the tax years for which you are covered by an employer plan. These rules differ depending on whether the plan is a defined contribution plan or a defined benefit plan.
taxmap/pub17/p17-089.htm#en_us_publink1000172635

Tax year.(p120)

rule
Your tax year is the annual accounting period you use to keep records and report income and expenses on your income tax return. For almost all people, the tax year is the calendar year.
taxmap/pub17/p17-089.htm#en_us_publink1000172636

Defined contribution plan.(p120)

rule
Generally, you are covered by a defined contribution plan for a tax year if amounts are contributed or allocated to your account for the plan year that ends with or within that tax year.
A defined contribution plan is a plan that provides for a separate account for each person covered by the plan. Types of defined contribution plans include profit-sharing plans, stock bonus plans, and money purchase pension plans.
taxmap/pub17/p17-089.htm#en_us_publink1000172637

Defined benefit plan.(p121)

rule
If you are eligible to participate in your employer's defined benefit plan for the plan year that ends within your tax year, you are covered by the plan. This rule applies even if you:
A defined benefit plan is any plan that is not a defined contribution plan. Defined benefit plans include pension plans and annuity plans.
taxmap/pub17/p17-089.htm#en_us_publink1000172638

No vested interest.(p121)

rule
If you accrue a benefit for a plan year, you are covered by that plan even if you have no vested interest in (legal right to) the accrual.
taxmap/pub17/p17-089.htm#en_us_publink1000172639

Situations in Which You Are Not Covered by an Employer Plan(p121)

rule
Unless you are covered under another employer plan, you are not covered by an employer plan if you are in one of the situations described below.
taxmap/pub17/p17-089.htm#en_us_publink1000172640

Social security or railroad retirement.(p121)

rule
Coverage under social security or railroad retirement is not coverage under an employer retirement plan.
taxmap/pub17/p17-089.htm#en_us_publink1000172641

Benefits from a previous employer's plan.(p121)

rule
If you receive retirement benefits from a previous employer's plan, you are not covered by that plan.
taxmap/pub17/p17-089.htm#en_us_publink1000172642

Reservists.(p121)

rule
If the only reason you participate in a plan is because you are a member of a reserve unit of the armed forces, you may not be covered by the plan. You are not covered by the plan if both of the following conditions are met.
  1. The plan you participate in is established for its employees by:
    1. The United States,
    2. A state or political subdivision of a state, or
    3. An instrumentality of either (a) or (b) above.
  2. You did not serve more than 90 days on active duty during the year (not counting duty for training).
taxmap/pub17/p17-089.htm#en_us_publink1000172643

Volunteer firefighters.(p121)

rule
If the only reason you participate in a plan is because you are a volunteer firefighter, you may not be covered by the plan. You are not covered by the plan if both of the following conditions are met.
  1. The plan you participate in is established for its employees by:
    1. The United States,
    2. A state or political subdivision of a state, or
    3. An instrumentality of either (a) or (b) above.
  2. Your accrued retirement benefits at the beginning of the year will not provide more than $1,800 per year at retirement.
taxmap/pub17/p17-089.htm#en_us_publink1000172644

Limit If Covered by Employer Plan(p121)

rule
If either you or your spouse was covered by an employer retirement plan, you may be entitled to only a partial (reduced) deduction or no deduction at all, depending on your income and your filing status.
Your deduction begins to decrease (phase out) when your income rises above a certain amount and is eliminated altogether when it reaches a higher amount. These amounts vary depending on your filing status.
To determine if your deduction is subject to phaseout, you must determine your modified adjusted gross income (AGI) and your filing status. See Filing status and Modified adjusted gross income (AGI), later. Then use Table 17-1 or 17-2 to determine if the phaseout applies.
taxmap/pub17/p17-089.htm#en_us_publink1000172649

Social security recipients.(p121)

rule
Instead of using Table 17-1 or Table 17-2, use the worksheets in Appendix B of Publication 590 if, for the year, all of the following apply. Use those worksheets to figure your IRA deduction, your nondeductible contribution, and the taxable portion, if any, of your social security benefits.
taxmap/pub17/p17-089.htm#en_us_publink1000172652

Deduction phaseout.(p121)

rule
If you were covered by an employer retirement plan and you did not receive any social security retirement benefits, your IRA deduction may be reduced or eliminated depending on your filing status and modified AGI as shown in Table 17-1.
taxmap/pub17/p17-089.htm#en_us_publink1000172654

Table 17-1. Effect of Modified AGI1 on Deduction if You Are Covered by Retirement Plan at Work

If you are covered by a retirement plan at work, use this table to determine if your modified AGI affects the amount of your deduction.

IF your filing status is... AND your modified AGI is... THEN you can take...
single

or

head of household
  $58,000 or less a full deduction.
 more than $58,000
but less than $68,000
 a partial deduction.
 $68,000 or more no deduction.
married filing jointly

or

qualifying widow(er)
  $92,000 or less a full deduction.
 more than $92,000
but less than $112,000
 a partial deduction.
 $112,000 or more no deduction.
married filing separately2 less than $10,000 a partial deduction.
 $10,000 or more no deduction.
1Modified AGI (adjusted gross income). See Modified adjusted gross income (AGI).
2If you did not live with your spouse at any time during the year, your filing status is considered Single for this purpose (therefore, your IRA deduction is determined under the "Single" column).
taxmap/pub17/p17-089.htm#en_us_publink1000172658
If your spouse is covered.(p121)
If you are not covered by an employer retirement plan, but your spouse is, and you did not receive any social security benefits, your IRA deduction may be reduced or eliminated entirely depending on your filing status and modified AGI as shown in Table 17-2.
taxmap/pub17/p17-089.htm#en_us_publink1000172664

Filing status.(p121)

rule
Your filing status depends primarily on your marital status. For this purpose, you need to know if your filing status is single or head of household, married filing jointly or qualifying widow(er), or married filing separately. If you need more information on filing status, see chapter 2.
taxmap/pub17/p17-089.htm#en_us_publink1000172666
Lived apart from spouse.(p121)
If you did not live with your spouse at any time during the year and you file a separate return, your filing status, for this purpose, is single.
taxmap/pub17/p17-089.htm#en_us_publink1000172660

Table 17-2. Effect of Modified AGI1 on Deduction if You Are NOT Covered by Retirement Plan at Work

If you are not covered by a retirement plan at work, use this table to determine if your modified AGI affects the amount of your deduction.

IF your filing status is... AND your modified AGI is... THEN you can take...
single,
head of household, or
qualifying widow(er)
 any amount a full deduction.
married filing jointly or separately with a spouse who is not covered by a plan at work  any amount a full deduction.
married filing jointly with a spouse who is covered by a plan at work  $173,000 or less a full deduction.
 more than $173,000
but less than $183,000
 a partial deduction.
 $183,000 or more no deduction.
married filing separately with a spouse who is covered by a plan at work2 less than $10,000 a partial deduction.
 $10,000 or more no deduction.
1Modified AGI (adjusted gross income). See Modified adjusted gross income (AGI).
2You are entitled to the full deduction if you did not live with your spouse at any time during the year.
taxmap/pub17/p17-089.htm#en_us_publink1000172667

Modified adjusted gross income (AGI).(p121)

rule
How you figure your modified AGI depends on whether you are filing Form 1040 or Form 1040A. If you made contributions to your IRA for 2012 and received a distribution from your IRA in 2012, see Publication 590. You may be able to use Worksheet 17-1 to figure your modified AGI.
EIC
Do not assume that your modified AGI is the same as your compensation. Your modified AGI may include income in addition to your compensation (discussed earlier), such as interest, dividends, and income from IRA distributions.
taxmap/pub17/p17-089.htm#en_us_publink1000172675
Pencil

Worksheet 17-1. Figuring Your Modified AGI

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

1.Enter your adjusted gross income (AGI) from Form 1040, line 38, or Form 1040A, line 22, figured without taking into account the amount from Form 1040, line 32, or Form 1040A, line 17 1.
2.Enter any student loan interest deduction from Form 1040, line 33, or Form 1040A, line 182.
3.Enter any tuition and fees deduction from Form 1040, line 34, or Form 1040A, line 193.
4.Enter any domestic production activities deduction from Form 1040, line 354.
5.Enter any foreign earned income and/or housing exclusion from Form 2555, line 45, or Form 2555-EZ, line 18 5.
6.Enter any foreign housing deduction from Form 2555, line 506.
7.Enter any excludable savings bond interest from Form 8815, line 147.
8.Enter any excluded employer-provided adoption benefits from Form 8839, line 248.
9.Add lines 1 through 8. This is your Modified AGI for traditional IRA purposes 9.
taxmap/pub17/p17-089.htm#en_us_publink1000172669
Form 1040.(p121)
If you file Form 1040, refigure the amount on the page 1 "adjusted gross income" line without taking into account any of the following eight amounts. This is your modified AGI.
taxmap/pub17/p17-089.htm#en_us_publink1000172670
Form 1040A.(p122)
If you file Form 1040A, refigure the amount on the page 1 "adjusted gross income" line without taking into account any of the following amounts. This is your modified AGI.
taxmap/pub17/p17-089.htm#en_us_publink1000172671
Both contributions for 2012 and distributions in 2012.(p122)
If all three of the following apply, any IRA distributions you received in 2012 may be partly tax free and partly taxable. If this is your situation, you must figure the taxable part of the traditional IRA distribution before you can figure your modified AGI. To do this, you can use Worksheet 1-5, Figuring the Taxable Part of Your IRA Distribution, in Publication 590.
If at least one of the above does not apply, figure your modified AGI using Worksheet 17-1, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172673

How to figure your reduced IRA deduction.(p122)

rule
You can figure your reduced IRA deduction for either Form 1040 or Form 1040A by using the worksheets in chapter 1 of Publication 590. Also, the instructions for Form 1040 and Form 1040A include similar worksheets that you may be able to use instead.
taxmap/pub17/p17-089.htm#en_us_publink1000172674

Reporting Deductible Contributions(p122)

rule
If you file Form 1040, enter your IRA deduction on line 32 of that form. If you file Form 1040A, enter your IRA deduction on line 17. You cannot deduct IRA contributions on Form 1040EZ.
taxmap/pub17/p17-089.htm#en_us_publink1000172677

Nondeductible Contributions(p122)

rule
Although your deduction for IRA contributions may be reduced or eliminated, contributions can be made to your IRA up to the general limit or, if it applies, the spousal IRA limit. The difference between your total permitted contributions and your IRA deduction, if any, is your nondeductible contribution.
taxmap/pub17/p17-089.htm#en_us_publink1000172678

Example.(p122)

Mike is 28 years old and single. In 2012, he was covered by a retirement plan at work. His salary was $57,312. His modified AGI was $69,000. Mike made a $5,000 IRA contribution for 2012. Because he was covered by a retirement plan and his modified AGI was over $68,000, he cannot deduct his $5,000 IRA contribution. He must designate this contribution as a nondeductible contribution by reporting it on Form 8606, as explained next.
taxmap/pub17/p17-089.htm#en_us_publink1000172679

Form 8606.(p122)

rule
To designate contributions as nondeductible, you must file Form 8606.
You do not have to designate a contribution as nondeductible until you file your tax return. When you file, you can even designate otherwise deductible contributions as nondeductible.
You must file Form 8606 to report nondeductible contributions even if you do not have to file a tax return for the year.
EIC
A Form 8606 is not used for the year that you make a rollover from a qualified retirement plan to a traditional IRA and the rollover includes nontaxable amounts. In those situations, a Form 8606 is completed for the year you take a distribution from that IRA. See Form 8606 under Distributions Fully or Partly Taxable, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172682
Failure to report nondeductible contributions.(p123)
If you do not report nondeductible contributions, all of the contributions to your traditional IRA will be treated as deductible contributions when withdrawn. All distributions from your IRA will be taxed unless you can show, with satisfactory evidence, that nondeductible contributions were made.
taxmap/pub17/p17-089.htm#en_us_publink1000172683
Penalty for overstatement.(p123)
If you overstate the amount of nondeductible contributions on your Form 8606 for any tax year, you must pay a penalty of $100 for each overstatement, unless it was due to reasonable cause.
taxmap/pub17/p17-089.htm#en_us_publink1000172684
Penalty for failure to file Form 8606.(p123)
You will have to pay a $50 penalty if you do not file a required Form 8606, unless you can prove that the failure was due to reasonable cause.

taxmap/pub17/p17-089.htm#en_us_publink1000172685

Tax on earnings on nondeductible contributions.(p123)

rule
As long as contributions are within the contribution limits, none of the earnings or gains on contributions (deductible or nondeductible) will be taxed until they are distributed. See When Can You Withdraw or Use IRA Assets, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172687

Cost basis.(p123)

rule
You will have a cost basis in your traditional IRA if you made any nondeductible contributions. Your cost basis is the sum of the nondeductible contributions to your IRA minus any withdrawals or distributions of nondeductible contributions.
taxmap/pub17/p17-089.htm#en_us_publink1000172688

Inherited IRAs(p123)

rule
If you inherit a traditional IRA, you are called a beneficiary. A beneficiary can be any person or entity the owner chooses to receive the benefits of the IRA after he or she dies. Beneficiaries of a traditional IRA must include in their gross income any taxable distributions they receive.
taxmap/pub17/p17-089.htm#en_us_publink1000172689

Inherited from spouse.(p123)

rule
If you inherit a traditional IRA from your spouse, you generally have the following three choices. You can:
  1. Treat it as your own IRA by designating yourself as the account owner.
  2. Treat it as your own by rolling it over into your IRA, or to the extent it is taxable, into a:
    1. Qualified employer plan,
    2. Qualified employee annuity plan (section 403(a) plan),
    3. Tax-sheltered annuity plan (section 403(b) plan), or
    4. Deferred compensation plan of a state or local government (section 457 plan).
  3. Treat yourself as the beneficiary rather than treating the IRA as your own.
taxmap/pub17/p17-089.htm#en_us_publink1000172690
Treating it as your own.(p123)
You will be considered to have chosen to treat the IRA as your own if: You will only be considered to have chosen to treat the IRA as your own if:
However, if you receive a distribution from your deceased spouse's IRA, you can roll that distribution over into your own IRA within the 60-day time limit, as long as the distribution is not a required distribution, even if you are not the sole beneficiary of your deceased spouse's IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000172691

Inherited from someone other than spouse.(p123)

rule
If you inherit a traditional IRA from anyone other than your deceased spouse, you cannot treat the inherited IRA as your own. This means that you cannot make any contributions to the IRA. It also means you cannot roll over any amounts into or out of the inherited IRA. However, you can make a trustee-to-trustee transfer as long as the IRA into which amounts are being moved is set up and maintained in the name of the deceased IRA owner for the benefit of you as beneficiary.
For more information, see the discussion of inherited IRAs under Rollover From One IRA Into Another, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172693

Can You Move Retirement Plan Assets?(p123)

rule
You can transfer, tax free, assets (money or property) from other retirement plans (including traditional IRAs) to a traditional IRA. You can make the following kinds of transfers.
taxmap/pub17/p17-089.htm#en_us_publink1000172694

Transfers to Roth IRAs.(p123)

rule
Under certain conditions, you can move assets from a traditional IRA or from a designated Roth account to a Roth IRA. You can also move assets from a qualified retirement plan to a Roth IRA. See Can You Move Amounts Into a Roth IRA? under Roth IRAs, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172696

Trustee-to-Trustee Transfer(p123)

rule
A transfer of funds in your traditional IRA from one trustee directly to another, either at your request or at the trustee's request, is not a rollover. Because there is no distribution to you, the transfer is tax free. Because it is not a rollover, it is not affected by the 1-year waiting period required between rollovers, discussed later under Rollover From One IRA Into Another. For information about direct transfers to IRAs from retirement plans other than IRAs, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172698

Rollovers(p123)

rule
Generally, a rollover is a tax-free distribution to you of cash or other assets from one retirement plan that you contribute (roll over) to another retirement plan. The contribution to the second retirement plan is called a "rollover contribution."
Note.An amount rolled over tax free from one retirement plan to another is generally includible in income when it is distributed from the second plan.
taxmap/pub17/p17-089.htm#en_us_publink1000172700

Kinds of rollovers to a traditional IRA.(p123)

rule
You can roll over amounts from the following plans into a traditional IRA:
taxmap/pub17/p17-089.htm#en_us_publink1000172701

Treatment of rollovers.(p123)

rule
You cannot deduct a rollover contribution, but you must report the rollover distribution on your tax return as discussed later under Reporting rollovers from IRAs and under Reporting rollovers from employer plans.
taxmap/pub17/p17-089.htm#en_us_publink1000172704

Kinds of rollovers from a traditional IRA.(p123)

rule
You may be able to roll over, tax free, a distribution from your traditional IRA into a qualified plan. These plans include the federal Thrift Savings Fund (for federal employees), deferred compensation plans of state or local governments (section 457 plans), and tax-sheltered annuity plans (section 403(b) plans). The part of the distribution that you can roll over is the part that would otherwise be taxable (includible in your income). Qualified plans may, but are not required to, accept such rollovers.
taxmap/pub17/p17-089.htm#en_us_publink1000172705

Time limit for making a rollover contribution.(p123)

rule
You generally must make the rollover contribution by the 60th day after the day you receive the distribution from your traditional IRA or your employer's plan.
The IRS may waive the 60-day requirement where the failure to do so would be against equity or good conscience, such as in the event of a casualty, disaster, or other event beyond your reasonable control. For more information, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172706
Extension of rollover period.(p123)
If an amount distributed to you from a traditional IRA or a qualified employer retirement plan is a frozen deposit at any time during the 60-day period allowed for a rollover, special rules extend the rollover period. For more information, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172707

More information.(p123)

rule
For more information on rollovers, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172708

Rollover From One IRA Into Another(p124)

rule
You can withdraw, tax free, all or part of the assets from one traditional IRA if you reinvest them within 60 days in the same or another traditional IRA. Because this is a rollover, you cannot deduct the amount that you reinvest in an IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000172709

Waiting period between rollovers.(p124)

rule
Generally, if you make a tax-free rollover of any part of a distribution from a traditional IRA, you cannot, within a 1-year period, make a tax-free rollover of any later distribution from that same IRA. You also cannot make a tax-free rollover of any amount distributed, within the same 1-year period, from the IRA into which you made the tax-free rollover.
The 1-year period begins on the date you receive the IRA distribution, not on the date you roll it over into an IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000172710

Example.(p124)

You have two traditional IRAs, IRA-1 and IRA-2. You make a tax-free rollover of a distribution from IRA-1 into a new traditional IRA (IRA-3). You cannot, within 1 year of the distribution from IRA-1, make a tax-free rollover of any distribution from either IRA-1 or IRA-3 into another traditional IRA.
However, the rollover from IRA-1 into IRA-3 does not prevent you from making a tax-free rollover from IRA-2 into any other traditional IRA. This is because you have not, within the last year, rolled over, tax free, any distribution from IRA-2 or made a tax-free rollover into IRA-2.
taxmap/pub17/p17-089.htm#en_us_publink1000172711
Exception.(p124)
For an exception for distributions from failed financial institutions, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172712

Partial rollovers.(p124)

rule
If you withdraw assets from a traditional IRA, you can roll over part of the withdrawal tax free and keep the rest of it. The amount you keep will generally be taxable (except for the part that is a return of nondeductible contributions). The amount you keep may be subject to the 10% additional tax on early distributions, discussed later under What Acts Result in Penalties or Additional Taxes.
taxmap/pub17/p17-089.htm#en_us_publink1000172714

Required distributions.(p124)

rule
Amounts that must be distributed during a particular year under the required distribution rules (discussed later) are not eligible for rollover treatment.
taxmap/pub17/p17-089.htm#en_us_publink1000172715

Inherited IRAs.(p124)

rule
If you inherit a traditional IRA from your spouse, you generally can roll it over, or you can choose to make the inherited IRA your own. See Treating it as your own, earlier.
taxmap/pub17/p17-089.htm#en_us_publink1000172717
Not inherited from spouse.(p124)
If you inherit a traditional IRA from someone other than your spouse, you cannot roll it over or allow it to receive a rollover contribution. You must withdraw the IRA assets within a certain period. For more information, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172718

Reporting rollovers from IRAs.(p124)

rule
Report any rollover from one traditional IRA to the same or another traditional IRA on lines 15a and 15b, Form 1040, or lines 11a and 11b, Form 1040A, as follows.
Enter the total amount of the distribution on Form 1040, line 15a, or Form 1040A, line 11a. If the total amount on Form 1040, line 15a, or Form 1040A, line 11a, was rolled over, enter zero on Form 1040, line 15b, or Form 1040A, line 11b. If the total distribution was not rolled over, enter the taxable portion of the part that was not rolled over on Form 1040, line 15b, or Form 1040A, line 11b. Put "Rollover" next to Form 1040, line 15b, or Form 1040A, line 11b. See your tax return instructions.
If you rolled over the distribution into a qualified plan (other than an IRA) or you make the rollover in 2013, attach a statement explaining what you did.
taxmap/pub17/p17-089.htm#en_us_publink1000172719

Rollover From Employer's Plan Into an IRA(p124)

rule
You can roll over into a traditional IRA all or part of an eligible rollover distribution you receive from your (or your deceased spouse's):
A qualified plan is one that meets the requirements of the Internal Revenue Code.
taxmap/pub17/p17-089.htm#en_us_publink1000172720

Eligible rollover distribution.(p124)

rule
Generally, an eligible rollover distribution is any distribution of all or part of the balance to your credit in a qualified retirement plan except the following.
  1. A required minimum distribution (explained later under When Must You Withdraw IRA Assets? (Required Minimum Distributions)).
  2. A hardship distribution.
  3. Any of a series of substantially equal periodic distributions paid at least once a year over:
    1. Your lifetime or life expectancy,
    2. The lifetimes or life expectancies of you and your beneficiary, or
    3. A period of 10 years or more.
  4. Corrective distributions of excess contributions or excess deferrals, and any income allocable to the excess, or of excess annual additions and any allocable gains.
  5. A loan treated as a distribution because it does not satisfy certain requirements either when made or later (such as upon default), unless the participant's accrued benefits are reduced (offset) to repay the loan.
  6. Dividends on employer securities.
  7. The cost of life insurance coverage.
Deposit
Any nontaxable amounts that you roll over into your traditional IRA become part of your basis (cost) in your IRAs. To recover your basis when you take distributions from your IRA, you must complete Form 8606 for the year of the distribution. See Form 8606 under Distributions Fully or Partly Taxable, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172724

Rollover by nonspouse beneficiary.(p124)

rule
A direct transfer from a deceased employee's qualified pension, profit-sharing, or stock bonus plan; annuity plan; tax-sheltered annuity (section 403(b)) plan; or governmental deferred compensation (section 457) plan to an IRA set up to receive the distribution on your behalf can be treated as an eligible rollover distribution if you are the designated beneficiary of the plan and not the employee's spouse. The IRA is treated as an inherited IRA. For more information about inherited IRAs, see Inherited IRAs, earlier.
taxmap/pub17/p17-089.htm#en_us_publink1000172726

Reporting rollovers from employer plans.(p124)

rule
Enter the total distribution (before income tax or other deductions were withheld) on Form 1040, line 16a, or Form 1040A, line 12a. This amount should be shown in box 1 of Form 1099-R. From this amount, subtract any contributions (usually shown in box 5 of Form 1099-R) that were taxable to you when made. From that result, subtract the amount that was rolled over either directly or within 60 days of receiving the distribution. Enter the remaining amount, even if zero, on Form 1040, line 16b, or Form 1040A, line 12b. Also, enter "Rollover" next to Form 1040, line 16b, or Form 1040A, line 12b.
taxmap/pub17/p17-089.htm#en_us_publink1000172727

Transfers Incident to Divorce(p124)

rule
If an interest in a traditional IRA is transferred from your spouse or former spouse to you by a divorce or separate maintenance decree or a written document related to such a decree, the interest in the IRA, starting from the date of the transfer, is treated as your IRA. The transfer is tax free. For detailed information, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172728

Converting From Any Traditional IRA to a Roth IRA(p124)

rule
taxmap/pub17/p17-089.htm#en_us_publink1000248478

Allowable conversions.(p124)

rule
You can withdraw all or part of the assets from a traditional IRA and reinvest them (within 60 days) in a Roth IRA. The amount that you withdraw and timely contribute (convert) to the Roth IRA is called a conversion contribution. If properly (and timely) rolled over, the 10% additional tax on early distributions will not apply. However, a part or all of the conversion contribution from your traditional IRA is included in your gross income.
taxmap/pub17/p17-089.htm#en_us_publink1000172731

Required distributions.(p124)

rule
You cannot convert amounts that must be distributed from your traditional IRA for a particular year (including the calendar year in which you reach age 701/2) under the required distribution rules (discussed later).
taxmap/pub17/p17-089.htm#en_us_publink1000172732

Income.(p124)

rule
You must include in your gross income distributions from a traditional IRA that you would have had to include in income if you had not converted them into a Roth IRA. These amounts are normally included in income on your return for the year that you converted them from a traditional IRA to a Roth IRA.
However, for 2010 conversions, any amounts you must include in income are included in income in equal amounts in 2011 and 2012 unless you elected to include the entire amount in income in 2010. See Special rules for 2010 conversions from traditional IRAs to Roth IRAs in Publication 590 for more information.
You do not include in gross income any part of a distribution from a traditional IRA that is a return of your basis, as discussed later.
You must file Form 8606 to report 2012 conversions from traditional, SEP, or SIMPLE IRAs to a Roth IRA in 2012 (unless you recharacterized the entire amount) and to figure the amount to include in income.
If you must include any amount in your gross income, you may have to increase your withholding or make estimated tax payments. See chapter 4.
taxmap/pub17/p17-089.htm#en_us_publink1000172734

Recharacterizations(p125)

rule
You may be able to treat a contribution made to one type of IRA as having been made to a different type of IRA. This is called recharacterizing the contribution. More detailed information is in Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172735

How to recharacterize a contribution.(p125)

rule
To recharacterize a contribution, you generally must have the contribution transferred from the first IRA (the one to which it was made) to the second IRA in a trustee-to-trustee transfer. If the transfer is made by the due date (including extensions) for your tax return for the year during which the contribution was made, you can elect to treat the contribution as having been originally made to the second IRA instead of to the first IRA. If you recharacterize your contribution, you must do all three of the following.
taxmap/pub17/p17-089.htm#en_us_publink1000172736

No deduction allowed.(p125)

rule
You cannot deduct the contribution to the first IRA. Any net income you transfer with the recharacterized contribution is treated as earned in the second IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000172737
Required notifications.(p125)
To recharacterize a contribution, you must notify both the trustee of the first IRA (the one to which the contribution was actually made) and the trustee of the second IRA (the one to which the contribution is being moved) that you have elected to treat the contribution as having been made to the second IRA rather than the first. You must make the notifications by the date of the transfer. Only one notification is required if both IRAs are maintained by the same trustee. The notification(s) must include all of the following information.
taxmap/pub17/p17-089.htm#en_us_publink1000172738

Reporting a recharacterization.(p125)

rule
If you elect to recharacterize a contribution to one IRA as a contribution to another IRA, you must report the recharacterization on your tax return as directed by Form 8606 and its instructions. You must treat the contribution as having been made to the second IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000172739

When Can You Withdraw or Use IRA Assets?(p125)

rule
There are rules limiting use of your IRA assets and distributions from it. Violation of the rules generally results in additional taxes in the year of violation. See What Acts Result in Penalties or Additional Taxes, later.
taxmap/pub17/p17-089.htm#en_us_publink1000172741

Contributions returned before the due date of return.(p125)

rule
If you made IRA contributions in 2012, you can withdraw them tax free by the due date of your return. If you have an extension of time to file your return, you can withdraw them tax free by the extended due date. You can do this if, for each contribution you withdraw, both of the following conditions apply.
Note.To calculate the amount you must withdraw, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172743
Earnings includible in income.(p125)
You must include in income any earnings on the contributions you withdraw. Include the earnings in income for the year in which you made the contributions, not in the year in which you withdraw them.
EIC
Generally, except for any part of a withdrawal that is a return of nondeductible contributions (basis), any withdrawal of your contributions after the due date (or extended due date) of your return will be treated as a taxable distribution. Excess contributions can also be recovered tax free as discussed under What Acts Result in Penalties or Additional Taxes, later.

taxmap/pub17/p17-089.htm#en_us_publink1000172746

Early distributions tax.(p125)

rule
The 10% additional tax on distributions made before you reach age 591/2 does not apply to these tax-free withdrawals of your contributions. However, the distribution of interest or other income must be reported on Form 5329 and, unless the distribution qualifies as an exception to the age 591/2 rule, it will be subject to this tax.
taxmap/pub17/p17-089.htm#en_us_publink1000172748

When Must You Withdraw IRA Assets? (Required Minimum Distributions)(p125)

rule
You cannot keep funds in a traditional IRA indefinitely. Eventually they must be distributed. If there are no distributions, or if the distributions are not large enough, you may have to pay a 50% excise tax on the amount not distributed as required. See Excess Accumulations (Insufficient Distributions), later. The requirements for distributing IRA funds differ depending on whether you are the IRA owner or the beneficiary of a decedent's IRA.
taxmap/pub17/p17-089.htm#en_us_publink1000172750

Required minimum distribution.(p125)

rule
The amount that must be distributed each year is referred to as the required minimum distribution.
taxmap/pub17/p17-089.htm#en_us_publink1000172751

Required distributions not eligible for rollover.(p125)

rule
Amounts that must be distributed (required minimum distributions) during a particular year are not eligible for rollover treatment.
taxmap/pub17/p17-089.htm#en_us_publink1000172752

IRA owners.(p125)

rule
If you are the owner of a traditional IRA, you must generally start receiving distributions from your IRA by April 1 of the year following the year in which you reach age 701/2. April 1 of the year following the year in which you reach age 701/2 is referred to as the required beginning date.
taxmap/pub17/p17-089.htm#en_us_publink1000172753

Distributions by the required beginning date.(p125)

rule
You must receive at least a minimum amount for each year starting with the year you reach age 701/2 (your 701/2 year). If you do not (or did not) receive that minimum amount in your 701/2 year, then you must receive distributions for your 701/2 year by April 1 of the next year.
If an IRA owner dies after reaching age 701/2, but before April 1 of the next year, no minimum distribution is required because death occurred before the required beginning date.
EIC
Even if you begin receiving distributions before you attain age 701/2, you must begin calculating and receiving required minimum distributions by your required beginning date.
taxmap/pub17/p17-089.htm#en_us_publink1000172755
Distributions after the required beginning date.(p125)
The required minimum distribution for any year after the year you turn 701/2 must be made by December 31 of that later year.

taxmap/pub17/p17-089.htm#en_us_publink1000172756

Beneficiaries.(p125)

rule
If you are the beneficiary of a decedent's traditional IRA, the requirements for distributions from that IRA generally depend on whether the IRA owner died before or after the required beginning date for distributions.
taxmap/pub17/p17-089.htm#en_us_publink1000172757

More information.(p125)

rule
For more information, including how to figure your minimum required distribution each year and how to figure your required distribution if you are a beneficiary of a decedent's IRA, see Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000172758

Are Distributions Taxable?(p125)

rule
In general, distributions from a traditional IRA are taxable in the year you receive them.
taxmap/pub17/p17-089.htm#en_us_publink1000172759

Exceptions.(p126)

rule
Exceptions to distributions from traditional IRAs being taxable in the year you receive them are:
EIC
Although a conversion of a traditional IRA is considered a rollover for Roth IRA purposes, it is not an exception to the rule that distributions from a traditional IRA are taxable in the year you receive them. Conversion distributions are includible in your gross income subject to this rule and the special rules for conversions explained in Publication 590.
taxmap/pub17/p17-089.htm#en_us_publink1000296577

Qualified charitable distributions (QCD).(p126)

rule
A QCD is generally a nontaxable distribution made directly by the trustee of your IRA to an organization eligible to receive tax-deductible contributions. Special rules apply if you made a qualified charitable distribution in January 2013 that you elected to treat as made in 2012, or if you took a distribution in December 2012 and contributed any portion of it to a charity before February 1, 2013. Both these transactions can count towards your minimum required distributions for 2012. See Qualified Charitable Distributions in Publication 590 for more information.
taxmap/pub17/p17-089.htm#en_us_publink1000172764

Ordinary income.(p126)

rule
Distributions from traditional IRAs that you include in income are taxed as ordinary income.
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No special treatment.(p126)

rule
In figuring your tax, you cannot use the 10-year tax option or capital gain treatment that applies to lump-sum distributions from qualified retirement plans.
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Distributions Fully or Partly Taxable(p126)

rule
Distributions from your traditional IRA may be fully or partly taxable, depending on whether your IRA includes any nondeductible contributions.
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Fully taxable.(p126)

rule
If only deductible contributions were made to your traditional IRA (or IRAs, if you have more than one), you have no basis in your IRA. Because you have no basis in your IRA, any distributions are fully taxable when received. See Reporting taxable distributions on your return, later.
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Partly taxable.(p126)

rule
If you made nondeductible contributions or rolled over any after-tax amounts to any of your traditional IRAs, you have a cost basis (investment in the contract) equal to the amount of those contributions. These nondeductible contributions are not taxed when they are distributed to you. They are a return of your investment in your IRA.
Only the part of the distribution that represents nondeductible contributions and rolled over after-tax amounts (your cost basis) is tax free. If nondeductible contributions have been made or after-tax amounts have been rolled over to your IRA, distributions consist partly of nondeductible contributions (basis) and partly of deductible contributions, earnings, and gains (if there are any). Until all of your basis has been distributed, each distribution is partly nontaxable and partly taxable.
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Form 8606.(p126)

rule
You must complete Form 8606 and attach it to your return if you receive a distribution from a traditional IRA and have ever made nondeductible contributions or rolled over after-tax amounts to any of your traditional IRAs. Using the form, you will figure the nontaxable distributions for 2012 and your total IRA basis for 2012 and earlier years.
Note.If you are required to file Form 8606, but you are not required to file an income tax return, you still must file Form 8606. Send it to the IRS at the time and place you would otherwise file an income tax return.
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Distributions reported on Form 1099-R.(p126)

rule
If you receive a distribution from your traditional IRA, you will receive Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., or a similar statement. IRA distributions are shown in boxes 1 and 2a of Form 1099-R. A number or letter code in box 7 tells you what type of distribution you received from your IRA.
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Withholding.(p126)

rule
Federal income tax is withheld from distributions from traditional IRAs unless you choose not to have tax withheld. See chapter 4.
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IRA distributions delivered outside the United States.(p126)
In general, if you are a U.S. citizen or resident alien and your home address is outside the United States or its possessions, you cannot choose exemption from withholding on distributions from your traditional IRA.
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Reporting taxable distributions on your return.(p126)

rule
Report fully taxable distributions, including early distributions on Form 1040, line 15b, or Form 1040A, line 11b (no entry is required on Form 1040, line 15a, or Form 1040A, line 11a). If only part of the distribution is taxable, enter the total amount on Form 1040, line 15a, or Form 1040A, line 11a, and the taxable part on Form 1040, line 15b, or Form 1040A, line 11b. You cannot report distributions on Form 1040EZ.
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What Acts Result in Penalties or Additional Taxes?(p126)

rule
The tax advantages of using traditional IRAs for retirement savings can be offset by additional taxes and penalties if you do not follow the rules.
There are additions to the regular tax for using your IRA funds in prohibited transactions. There are also additional taxes for the following activities.
There are penalties for overstating the amount of nondeductible contributions and for failure to file a Form 8606, if required.
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Prohibited Transactions(p126)

rule
Generally, a prohibited transaction is any improper use of your traditional IRA by you, your beneficiary, or any disqualified person.
Disqualified persons include your fiduciary and members of your family (spouse, ancestor, lineal descendent, and any spouse of a lineal descendent).
The following are examples of prohibited transactions with a traditional IRA.
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Effect on an IRA account.(p126)

rule
Generally, if you or your beneficiary engages in a prohibited transaction in connection with your traditional IRA account at any time during the year, the account stops being an IRA as of the first day of that year.
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Effect on you or your beneficiary.(p126)

rule
If your account stops being an IRA because you or your beneficiary engaged in a prohibited transaction, the account is treated as distributing all its assets to you at their fair market values on the first day of the year. If the total of those values is more than your basis in the IRA, you will have a taxable gain that is includible in your income. For information on figuring your gain and reporting it in income, see Are Distributions Taxable, earlier. The distribution may be subject to additional taxes or penalties.
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Taxes on prohibited transactions.(p126)

rule
If someone other than the owner or beneficiary of a traditional IRA engages in a prohibited transaction, that person may be liable for certain taxes. In general, there is a 15% tax on the amount of the prohibited transaction and a 100% additional tax if the transaction is not corrected.
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More information.(p126)

rule
For more information on prohibited transactions, see Publication 590.
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Investment in Collectibles(p126)

rule
If your traditional IRA invests in collectibles, the amount invested is considered distributed to you in the year invested. You may have to pay the 10% additional tax on early distributions, discussed later.
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Collectibles.(p126)

rule
These include:
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Exception.(p127)
Your IRA can invest in one, one-half, one-quarter, or one-tenth ounce U.S. gold coins, or one-ounce silver coins minted by the Treasury Department. It can also invest in certain platinum coins and certain gold, silver, palladium, and platinum bullion.
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Excess Contributions(p127)

rule
Generally, an excess contribution is the amount contributed to your traditional IRA(s) for the year that is more than the smaller of:
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Tax on excess contributions.(p127)

rule
In general, if the excess contributions for a year are not withdrawn by the date your return for the year is due (including extensions), you are subject to a 6% tax. You must pay the 6% tax each year on excess amounts that remain in your traditional IRA at the end of your tax year. The tax cannot be more than 6% of the combined value of all your IRAs as of the end of your tax year.
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Excess contributions withdrawn by due date of return.(p127)

rule
You will not have to pay the 6% tax if you withdraw an excess contribution made during a tax year and you also withdraw interest or other income earned on the excess contribution. You must complete your withdrawal by the date your tax return for that year is due, including extensions.
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How to treat withdrawn contributions.(p127)
Do not include in your gross income an excess contribution that you withdraw from your traditional IRA before your tax return is due if both the following conditions are met. You can take into account any loss on the contribution while it was in the IRA when calculating the amount that must be withdrawn. If there was a loss, the net income you must withdraw may be a negative amount.
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How to treat withdrawn interest or other income.(p127)
You must include in your gross income the interest or other income that was earned on the excess contribution. Report it on your return for the year in which the excess contribution was made. Your withdrawal of interest or other income may be subject to an additional 10% tax on early distributions, discussed later.
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Excess contributions withdrawn after due date of return.(p127)

rule
In general, you must include all distributions (withdrawals) from your traditional IRA in your gross income. However, if the following conditions are met, you can withdraw excess contributions from your IRA and not include the amount withdrawn in your gross income. The withdrawal can take place at any time, even after the due date, including extensions, for filing your tax return for the year.
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Excess contribution deducted in an earlier year.(p127)

rule
If you deducted an excess contribution in an earlier year for which the total contributions were not more than the maximum deductible amount for that year (see the following table), you can still remove the excess from your traditional IRA and not include it in your gross income. To do this, file Form 1040X for that year and do not deduct the excess contribution on the amended return. Generally, you can file an amended return within 3 years after you filed your return, or 2 years from the time the tax was paid, whichever is later.
Year(s)Contribution limitContribution limit if age 50 or older at the end of the year
2008 through 2011$5,000$6,000
2006 or 2007$4,000$5,000
2005$4,000$4,500
2002 through 2004$3,000$3,500
1997 through 2001$2,000
before 1997$2,250
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Excess due to incorrect rollover information.(p127)

rule
If an excess contribution in your traditional IRA is the result of a rollover and the excess occurred because the information the plan was required to give you was incorrect, you can withdraw the excess contribution. The limits mentioned above are increased by the amount of the excess that is due to the incorrect information. You will have to amend your return for the year in which the excess occurred to correct the reporting of the rollover amounts in that year. Do not include in your gross income the part of the excess contribution caused by the incorrect information.
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Early Distributions(p127)

rule
You must include early distributions of taxable amounts from your traditional IRA in your gross income. Early distributions are also subject to an additional 10% tax. See the discussion of Form 5329 under Reporting Additional Taxes, later, to figure and report the tax.
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Early distributions defined.(p127)

rule
Early distributions generally are amounts distributed from your traditional IRA account or annuity before you are age 591/2.
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Age 591/2 rule.(p127)

rule
Generally, if you are under age 591/2, you must pay a 10% additional tax on the distribution of any assets (money or other property) from your traditional IRA. Distributions before you are age 591/2 are called early distributions.
The 10% additional tax applies to the part of the distribution that you have to include in gross income. It is in addition to any regular income tax on that amount.
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Exceptions.(p127)
There are several exceptions to the age 591/2 rule. Even if you receive a distribution before you are age 591/2, you may not have to pay the 10% additional tax if you are in one of the following situations. Most of these exceptions are explained in Publication 590.
Note.Distributions that are timely and properly rolled over, as discussed earlier, are not subject to either regular income tax or the 10% additional tax. Certain withdrawals of excess contributions after the due date of your return are also tax free and therefore not subject to the 10% additional tax. (See Excess contributions withdrawn after due date of return, earlier.) This also applies to transfers incident to divorce, as discussed earlier.
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Receivership distributions.(p127)
Early distributions (with or without your consent) from savings institutions placed in receivership are subject to this tax unless one of the exceptions listed earlier applies. This is true even if the distribution is from a receiver that is a state agency.
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Additional 10% tax.(p127)

rule
The additional tax on early distributions is 10% of the amount of the early distribution that you must include in your gross income. This tax is in addition to any regular income tax resulting from including the distribution in income.
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Nondeductible contributions.(p127)

rule
The tax on early distributions does not apply to the part of a distribution that represents a return of your nondeductible contributions (basis).
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More information.(p127)

rule
For more information on early distributions, see Publication 590.
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Excess Accumulations
(Insufficient Distributions)(p128)

rule
You cannot keep amounts in your traditional IRA indefinitely. Generally, you must begin receiving distributions by April 1 of the year following the year in which you reach age 701/2. The required minimum distribution for any year after the year in which you reach age 701/2 must be made by December 31 of that later year.
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Tax on excess.(p128)

rule
If distributions are less than the required minimum distribution for the year, you may have to pay a 50% excise tax for that year on the amount not distributed as required.
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Request to waive the tax.(p128)

rule
If the excess accumulation is due to reasonable error, and you have taken, or are taking, steps to remedy the insufficient distribution, you can request that the tax be waived. If you believe you qualify for this relief, attach a statement of explanation and complete Form 5329 as instructed under Waiver of tax in the Instructions for Form 5329.
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Exemption from tax.(p128)

rule
If you are unable to take required distributions because you have a traditional IRA invested in a contract issued by an insurance company that is in state insurer delinquency proceedings, the 50% excise tax does not apply if the conditions and requirements of Revenue Procedure 92-10 are satisfied.
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More information.(p128)

rule
For more information on excess accumulations, see Publication 590.
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Reporting Additional Taxes(p128)

rule
Generally, you must use Form 5329 to report the tax on excess contributions, early distributions, and excess accumulations. If you must file Form 5329, you cannot use Form 1040A or Form 1040EZ.
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Filing a tax return.(p128)

rule
If you must file an individual income tax return, complete Form 5329 and attach it to your Form 1040. Enter the total additional taxes due on Form 1040, line 58.
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Not filing a tax return.(p128)

rule
If you do not have to file a tax return but do have to pay one of the additional taxes mentioned earlier, file the completed Form 5329 with the IRS at the time and place you would have filed your Form 1040. Be sure to include your address on page 1 and your signature and date on page 2. Enclose, but do not attach, a check or money order payable to the United States Treasury for the tax you owe, as shown on Form 5329. Enter your social security number and "2012 Form 5329" on your check or money order.
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Form 5329 not required.(p128)

rule
You do not have to use Form 5329 if either of the following situations exists.