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Publication 590-A (2015) CONTRIBUTIONS TO INDIVIDUAL RETIREMENT ARRANGEMENTS (IRAs)


Publication 590-A (2015)

DATED
DOCUMENT ATTRIBUTES
  • Institutional Authors
    Internal Revenue Service
  • Jurisdictions
  • Language
    English
Citations: Publication 590-A (2015)

What's New for 2015

 

Reminders

 

Introduction

 

1. Traditional IRAs

 

2. Roth IRAs

 

3. Retirement Savings Contributions Credit (Saver's Credit)

 

4. How To Get Tax Help

 

Appendices

What's New for 2015

Modified AGI limit for traditional IRA contributions increased. For 2015, 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 $98,000 but less than $118,000 for a married couple filing a joint return or a qualifying widow(er),

• More than $61,000 but less than $71,000 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 $183,000 but less than $193,000. If your modified AGI is $193,000 or more, you cannot take a deduction for contributions to a traditional IRA.

Modified AGI limit for Roth IRA contributions increased. For 2015, 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 $183,000. You cannot make a Roth IRA contribution if your modified AGI is $193,000 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 2015 and your modified AGI is at least $116,000. You cannot make a Roth IRA contribution if your modified AGI is $131,000 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.

 

Application of one-rollover-per-year limitation.

Beginning in 2015, you can make only one rollover from an IRA to another (or the same) IRA in any 1-year period regardless of the number of IRAs you own. However, you can continue to make unlimited trustee-to-trustee transfers between IRAs because it is not considered a rollover. Furthermore, you can also make as many rollovers from a traditional IRA to a Roth IRA (also known as "conversions"). For more information, see

Can You Move Retirement Plan Assets?

in chapter 1.

Rollovers to SIMPLE Retirement Accounts. Beginning after December 18, 2015, you are able to roll over amounts from a qualified retirement plan (as described under Table 1-4. Rollover Chart, later) or an IRA into a SIMPLE retirement account as follows:

 

1. During the first 2 years of participation in a SIMPLE retirement account, you may roll over amounts from one SIMPLE retirement account into another SIMPLE retirement account; and

2. After the first 2 years of participation in a SIMPLE retirement account, you may roll over amounts from a qualified retirement plan or an IRA into the SIMPLE retirement account.

 

Reminders

Future developments. For the latest information about developments related to Pub. 590-A, such as legislation enacted after it was published, go to http://www.irs.gov/pub590a.

Publication 590 split. Pub. 590 has been split into two separate publications as follows.

 

• Pub. 590-A, covers contributions to traditional IRAs as well as Roth IRAs. This publication includes the rules for rollover and conversion contributions.

Pub. 590-B, covers distributions from traditional IRAs as well as Roth IRAs. This publication includes the rules for required minimum distributions and IRA beneficiaries.

 

SIMPLE IRAs.

SIMPLE IRAs are not covered in this publication. They are covered in

Pub. 560

.

Simplified employee pension (SEP). SEP IRAs are not covered in this publication. They are covered in Pub. 560, Retirement Plans for Small Business.

Deemed IRAs. A qualified employer plan (retirement plan) can maintain a separate account or annuity under the plan (a deemed IRA) to receive voluntary employee contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will be subject only to IRA rules. An employee's account can be treated as a traditional IRA or a Roth IRA.

For this purpose, a "qualified employer plan" includes:

 

• A qualified pension, profit-sharing, or stock bonus plan (section

401(a)

plan),

• A qualified employee annuity plan (section 403(a) plan),

• A tax-sheltered annuity plan (section 403(b) plan), and

• A deferred compensation plan (section 457 plan) maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state.

 

Contributions to both traditional and Roth IRAs.

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 chapter 2.

IRA interest. 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 return as tax-exempt interest. For more information on tax-exempt interest, see the instructions for your tax return.

Photographs of missing children. The IRS is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

Introduction

This publication discusses contributions to individual retirement arrangements (IRAs). An IRA is a personal savings plan that gives you tax advantages for setting aside money for retirement. For information about distributions from an IRA, see Pub. 590-B.

What are some tax advantages of an IRA? Two tax advantages of an IRA are that:

 

• Contributions you make to an IRA may be fully or partially deductible, depending on which type of IRA you have and on your circumstances, and

• Generally, amounts in your IRA (including earnings and gains) are not taxed until distributed. In some cases, amounts are not taxed at all if distributed according to the rules.

 

What's in this publication?

This publication discusses contributions to traditional and Roth IRAs. It explains the rules for:

 

• Setting up an IRA,

• Contributing to an IRA,

• Transferring money or property to and from an IRA, and

• Taking a credit for contributions to an IRA.

 

It also explains the penalties and additional taxes that apply when the rules are not followed. To assist you in complying with the tax rules for IRAs, this publication contains worksheets and sample forms which can be found throughout the publication and in the appendices at the back of the publication.

How to use this publication. The rules that you must follow depend on which type of IRA you have. Use Table I-1 to help you determine which parts of this publication to read. Also use Table I-1 if you were referred to this publication from instructions to a form.

Comments and suggestions. We welcome your comments about this publication and your suggestions for future editions.

You can send us comments from http://www.irs.gov/formspubs. Click on "More Information" and then on "Give us feedback."

Or you can write to:

Internal Revenue Service Tax Forms and Publications 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224

We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products.

Ordering forms and publications. Visit http://www.irs.gov/formspubs to download forms and publications. Otherwise, you can go to http://www.irs.gov/orderforms to order current and prior-year forms and instructions. Your order should arrive within 10 business days.

Tax questions. If you have a tax question not answered by this publication, check IRS.gov and How To Get Tax Help at the end of this publication.

Useful Items

You may want to see:

Publications

 

Publication 590-B

Distributions from Individual Retirement Arrangements (IRAs)

Publication 560 Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans)

Publication 571 Tax-Sheltered Annuity Plans (403(b) Plans)

Publication 575 Pension and Annuity Income

Publication 939 General Rule for Pensions and Annuities

 

Forms (and Instructions)

 

Form W-4P

Withholding Certificate for Pension or Annuity Payments

Form 1099-R Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.

Form 5304-SIMPLE Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)-Not for Use With a Designated Financial Institution

Form 5305-S SIMPLE Individual Retirement Trust Account

Form 5305-SA SIMPLE Individual Retirement Custodial Account

Form 5305-SIMPLE Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)-for Use With a Designated Financial Institution

Form 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts

Form 5498 IRA Contribution Information

Form 8606 Nondeductible IRAs

Form 8815 Exclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989

Form 8839 Qualified Adoption Expenses

Form 8880 Credit for Qualified Retirement Savings Contributions

 

See chapter 4 for information about getting these publications and forms.

Table I-1. Using This Publication

 ----------------------------------------------------------------------

 

 

IF

 you need

 

 information on . . .                          

THEN

 see . . .

 

 ----------------------------------------------------------------------

 

 traditional IRAs                              chapter. 1

 

 ----------------------------------------------------------------------

 

 Roth IRAs                                     chapter, and parts of 2

 

                                               chapter. 1

 

 ----------------------------------------------------------------------

 

 the credit for qualified retirement savings   chapter. 3

 

 contributions (the saver's credit)

 

 ----------------------------------------------------------------------

 

 how to keep a record of your contributions    Appendix A.

 

 to, and distributions from, your traditional

 

 IRA(s)

 

 ----------------------------------------------------------------------

 

 SEP IRAs, SIMPLE IRAs, and 401(k) plans      

Pub. 560

.

 

 ----------------------------------------------------------------------

 

 Coverdell education savings accounts          

Pub. 970

.

 

 (formerly called education IRAs)

 

 ----------------------------------------------------------------------

 

 

IF

 for 2015, you                              

THEN

 see . . .

 

  • received

social security

 benefits,

 

  • had taxable compensation,

 

  • contributed to a traditional IRA, and

 

  • you or your spouse was covered by an

 

    employer retirement plan,

 

 and you want to . . .

 

 ----------------------------------------------------------------------

 

 first figure your modified adjusted gross     Appendix B, Worksheet 1.

 

 income (AGI)

 

 ----------------------------------------------------------------------

 

 then figure how much of your traditional      Appendix B, Worksheet 2.

 

 IRA contribution you can deduct

 

 ----------------------------------------------------------------------

 

 and finally figure how much of your social    Appendix B, Worksheet 3.

 

 security is taxable

 

 ----------------------------------------------------------------------

 

 

Table I-2. How Are a Traditional IRA and a Roth IRA Different?

 This table shows the differences between traditional and Roth IRAs.

 

 Answers in the middle column apply to traditional IRAs. Answers in

 

 the right column apply to Roth IRAs.

 

 ----------------------------------------------------------------------

 

 

Question                Answer

 

 ----------------------------------------------------------------------

 

                         

Traditional IRA?         Roth IRA?

 

 ----------------------------------------------------------------------

 

 Is there an age limit   Yes. You must not have   No. You can be any

 

 on when I can open      reached age 70 1/2 by    age. See

Can You

 

 and contribute to a     the end of the year.    

Contribute to a Roth

 

                         See

Who Can Open a       IRA?

 in chapter 2.

 

                         

Traditional IRA?

 in

 

                         chapter 1.

 

 ----------------------------------------------------------------------

 

 If I earned more        Yes. For 2015, you can   Yes. For 2015, you

 

 than $5,500 in 2015     contribute to a          may be able to

 

 ($6,500 if I was 50     traditional IRA up to:   contribute to a Roth

 

 or older by the end                              IRA up to:

 

 of 2015), is there a     • $5,500, or

 

 limit on how much I                               • $5,500, or

 

 can contribute to a      • $6,500 if you were

 

                            age 50 or older        • $6,500 if you were

 

                            by the end of 2015.      age 50 or older by

 

                                                     the end of 2015.

 

                         There is no upper

 

                         limit on how much        but the amount you

 

                         you can earn and still   can contribute may be

 

                         contribute. See          less than that

 

                         

How Much Can Be

          depending on your

 

                         

Contributed?

 in          income, filing

 

                         chapter 1.               status, and if you

 

                                                  contribute to another

 

                                                  IRA. See

How

 

                                                  Much Can Be

 

                                                  Contributed?

 and

 

                                                  Table 2-1 in chapter

 

                                                  2.

 

 ----------------------------------------------------------------------

 

 Can I deduct            Yes. You may be able     No. You can never

 

 contributions to a      to deduct your           deduct contributions

 

                         contributions to a       to a Roth IRA. See

 

                         traditional IRA          

What Is a Roth IRA?

 

                         depending on your        in chapter 2.

 

                         income, filing

 

                         status, whether you are

 

                         covered by a retirement

 

                         plan at work, and

 

                         whether you receive

 

                         social security

 

                         benefits. See

How Much

 

                         Can You Deduct?

 in

 

                         chapter 1.

 

 ----------------------------------------------------------------------

 

 Do I have to file a     Not unless you make      No. You do not have

 

 form just because I     nondeductible            to file a form if you

 

 contribute to a         contributions to         contribute to a Roth

 

                         your traditional IRA.    IRA. See

 

                         In that case, you must  

Contributions not

 

                         file Form 8606. See      

reported

 in chapter

 

                         

Nondeductible

            2.

 

                         

Contributions

 in

 

                         chapter 1.

 

 ----------------------------------------------------------------------

 

 

1. Traditional IRAs

Introduction

This chapter discusses the original IRA. In this publication 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. The following are two advantages of a traditional IRA:

 

• You may be able to deduct some or all of your contributions to it, depending on your circumstances.

• Generally, amounts in your IRA, including earnings and gains, are not taxed until they are distributed.

 

Who Can Open a Traditional IRA?

You can open and make contributions to a traditional IRA if:

 

• You (or, if you file a joint return, your spouse) received taxable compensation during the year, and

• You were not age 70 1/2 by the end of the year.

 

You can have a traditional IRA whether or not you are covered by any other retirement plan. However, you may not be able to deduct all of your contributions if you or your spouse is covered by an employer retirement plan. See

How Much Can You Deduct?,

later.

Both spouses have compensation. If both you and your spouse have compensation and are under age 70 1/2, each of you can open an IRA. You cannot both participate in the same IRA. If you file a joint return, only one of you needs to have compensation.

What Is Compensation?

Generally, compensation is what you earn from working. For a summary of what compensation does and does not include, see Table 1-1. Compensation includes all of the items discussed next (even if you have more than one type).

Wages, salaries, etc. Wages, salaries, tips, professional fees, bonuses, and other amounts you receive for providing personal services are compensation. 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 IRA purposes only if shown in box 1 of Form W-2.

Commissions. An amount you receive that is a percentage of profits or sales price is compensation.

Self-employment income. 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:

 

• The deduction for contributions made on your behalf to retirement plans, and

• The deduction allowed for the deductible part of your self-employment taxes.

 

Compensation includes earnings from self-employment even if they are not subject to self-employment tax because of your religious beliefs.

Self-employment loss. If you have a net loss from self-employment, do not subtract the loss from your salaries or wages when figuring your total compensation.

Alimony and separate maintenance. For IRA purposes, compensation includes any taxable alimony and separate maintenance payments you receive under a decree of divorce or separate maintenance.

Nontaxable combat pay. If you were a member of the U.S. Armed Forces, compensation includes any nontaxable combat pay you received. This amount should be reported in box 12 of your 2015 Form W-2 with code Q.

Table 1-1. Compensation for Purposes of an IRA

 -------------------------------------------------------------

 

 

Includes . . .                      Does not include . . .

 

 -------------------------------------------------------------

 

 wages, salaries, etc.               earnings and profits from

 

                                     property.

 

 commissions.                        interest and

 

                                     dividend income.

 

 self-employment income.             pension or annuity

 

                                     income.

 

 alimony and separate maintenance.   deferred compensation.

 

 nontaxable combat pay.              income from certain

 

                                     partnerships.

 

                                     any amounts you exclude

 

                                     from income.

 

 -------------------------------------------------------------

 

 

What Is Not Compensation?

Compensation does not include any of the following items.

 

• Earnings and profits from property, such as rental income, interest income, and dividend income.

• Pension or annuity income.

• Deferred compensation received (compensation payments postponed from a past year).

• Income from a partnership for which you do not provide services that are a material income-producing factor.

• Conservation Reserve Program (CRP) payments reported on Schedule SE (Form 1040), line 1b.

• Any amounts (other than combat pay) you exclude from income, such as foreign earned income and housing costs.

 

When Can a Traditional IRA Be Opened?

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.

How Can a Traditional IRA Be Opened?

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. The requirements for the various arrangements are discussed below.

Kinds of traditional IRAs. 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.

Individual Retirement Account

An individual retirement account is a trust or custodial account set up in the United States for the exclusive benefit of you or your beneficiaries. The account is created by a written document. The document must show that the account meets all of the following requirements.

 

• The trustee or custodian must be a bank, a federally insured credit union, a savings and loan association, or an entity approved by the IRS to act as trustee or custodian.

• The trustee or custodian generally cannot accept contributions of more than the deductible amount for the year. However, rollover contributions and employer contributions to a simplified employee pension (SEP) can be more than this amount.

• Contributions, except for rollover contributions, must be in cash. See Rollovers, later.

• You must have a nonforfeitable right to the amount at all times.

• Money in your account cannot be used to buy a life insurance policy.

• Assets in your account cannot be combined with other property, except in a common trust fund or common investment fund.

• You must start receiving distributions by April 1 of the year following the year in which you reach age 70 1/2. See Pub. 590-B for more information about Required Minimum Distributions (RMDs) and other distribution rules.

 

Individual Retirement Annuity

You can open an individual retirement annuity by purchasing an annuity contract or an endowment contract from a life insurance company.

An individual retirement annuity must be issued in your name as the owner, and either you or your beneficiaries who survive you are the only ones who can receive the benefits or payments.

An individual retirement annuity must meet all the following requirements.

 

• Your entire interest in the contract must be nonforfeitable.

• The contract must provide that you cannot transfer any portion of it to any person other than the issuer.

• There must be flexible premiums so that if your compensation changes, your payment can also change. This provision applies to contracts issued after November 6, 1978.

• The contract must provide that contributions cannot be more than the deductible amount for an IRA for the year, and that you must use any refunded premiums to pay for future premiums or to buy more benefits before the end of the calendar year after the year in which you receive the refund.

• Distributions must begin by April 1 of the year following the year in which you reach age 70 1/2. See Pub. 590-B for more information about Required Minimum Distributions (RMDs) and other distribution rules.

 

Individual Retirement Bonds

The sale of individual retirement bonds issued by the federal government was suspended after April 30, 1982. The bonds have the following features.

 

• They stop earning interest when you reach age 70 1/2. If you die, interest will stop 5 years after your death, or on the date you would have reached age 70 1/2, whichever is earlier.

• You cannot transfer the bonds.

 

If you cash (redeem) the bonds before the year in which you reach age 59 1/2, you may be subject to a 10% additional tax. See

Pub. 590-B

for more information about

Age 59 1/2 Rule for Early Distributions

and other distribution rules. You can roll over redemption proceeds into IRAs.

SIMPLE IRAs

A SIMPLE IRA plan is a tax-favored retirement plan that certain small employers (including self-employed employees) can set up for the benefit of their employees. Your participation in your employer's SIMPLE IRA plan does not prevent you from making contributions to a traditional or Roth IRA. See Pub. 560 for more information about SIMPLE IRAs.

Simplified Employee Pension (SEP)

A simplified employee pension (SEP) is a written arrangement that allows your employer to make deductible contributions to a traditional IRA (a SEP IRA) set up for you to receive such contributions. Generally, distributions from SEP IRAs are subject to the withdrawal and tax rules that apply to traditional IRAs. See Pub. 560 for more information about SEPs.

Employer and Employee Association Trust Accounts

Your employer or your labor union or other employee association can set up a trust to provide individual retirement accounts for employees or members. The requirements for individual retirement accounts apply to these traditional IRAs.

Required Disclosures

The trustee or issuer (sometimes called the sponsor) of your traditional IRA generally must give you a disclosure statement at least 7 days before you open your IRA. However, the sponsor does not have to give you the statement until the date you open (or purchase, if earlier) your IRA, provided you are given at least 7 days from that date to revoke the IRA.

The disclosure statement must explain certain items in plain language. For example, the statement should explain when and how you can revoke the IRA, and include the name, address, and telephone number of the person to receive the notice of cancellation. This explanation must appear at the beginning of the disclosure statement.

If you revoke your IRA within the revocation period, the sponsor must return to you the entire amount you paid. The sponsor must report on the appropriate IRS forms both your contribution to the IRA (unless it was made by a trustee-to-trustee transfer) and the amount returned to you. These requirements apply to all sponsors.

How Much Can Be Contributed?

There are limits and other rules that affect the amount that can be contributed to a traditional IRA. These limits and rules are explained below.

Community property laws. Except as discussed later under Kay Bailey Hutchison 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.

Brokers' commissions. Brokers' commissions paid in connection with your traditional IRA are subject to the contribution limit. For information about whether you can deduct brokers' commissions, see Brokers' commissions, later, under How Much Can You Deduct?

Trustees' fees. Trustees' administrative fees are not subject to the contribution limit. For information about whether you can deduct trustees' fees, see Trustees' fees, later, under How Much Can You Deduct?

Qualified reservist repayments. If you 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 (defined under Early Distributions in Pub. 590-B) 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 a similar arrangement. See Pub. 590-B under Early Distributions for more information on qualified reservist distributions.

Limit. Your qualified reservist repayments cannot be more than your qualified reservist distributions.

When repayment contributions can be made. You cannot make these repayment contributions later than the date that is 2 years after your active duty period ends.

No deduction. You cannot deduct qualified reservist repayments.

Reserve component. The term "reserve component" means the:

 

• Army National Guard of the United States,

• Army Reserve,

• Naval Reserve,

• Marine Corps Reserve,

• Air National Guard of the United States,

• Air Force Reserve,

• Coast Guard Reserve, or

• Reserve Corps of the Public Health Service.

 

Figuring your IRA deduction.

The repayment of qualified reservist distributions does not affect the amount you can deduct as an IRA contribution.

Reporting the repayment. If you repay a qualified reservist distribution, include the amount of the repayment with nondeductible contributions on line 1 of Form 8606.

Example. In 2015, your IRA contribution limit is $5,500. However, because of your filing status and AGI, the limit on the amount you can deduct is $3,500. You can make a nondeductible contribution of $2,000 ($5,500 - $3,500). In an earlier year, you received a $3,000 qualified reservist distribution, which you would like to repay this year.

For 2015, you can contribute a total of $8,500 to your IRA. This is made up of the maximum deductible contribution of $3,500; a nondeductible contribution of $2,000; and a $3,000 qualified reservist repayment. You contribute the maximum allowable for the year. Since you are making a nondeductible contribution ($2,000) and a qualified reservist repayment ($3,000), you must file Form 8606 with your return and include $5,000 ($2,000 + $3,000) on line 1 of Form 8606. The qualified reservist repayment is not deductible.

CAUTION: Contributions on your behalf to a traditional IRA reduce your limit for contributions to a Roth IRA. See chapter 2 for information about Roth IRAs.

General Limit

For 2015, the most that can be contributed to your traditional IRA generally is the smaller of the following amounts:

 

• $5,500 ($6,500 if you are age 50 or older), or

• Your taxable compensation (defined earlier) for the year.

 

Note.

This limit is reduced by any contributions to a section

plan (generally, a pension plan created before June 25, 1959, that is funded entirely by employee contributions).

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.

Examples. George, who is 34 years old and single, earns $24,000 in 2015. His IRA contributions for 2015 are limited to $5,500.

Danny, an unmarried college student working part time, earns $3,500 in 2015. His IRA contributions for 2015 are limited to $3,500, the amount of his compensation.

More than one IRA. If you have more than one IRA, the limit applies to the total contributions made on your behalf to all your traditional IRAs for the year.

Annuity or endowment contracts. If you invest in an annuity or endowment contract under an individual retirement annuity, no more than $5,500 ($6,500 if you are age 50 or older) can be contributed toward its cost for the tax year, including the cost of life insurance coverage. If more than this amount is contributed, the annuity or endowment contract is disqualified.

Kay Bailey Hutchison Spousal IRA Limit

For 2015, 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 two amounts:

 

1. $5,500 ($6,500 if you are age 50 or older), or

2. The total compensation includible in the gross income of both you and your spouse for the year, reduced by the following two amounts.

 

a. Your spouse's IRA contribution for the year to a traditional IRA.

b. Any contributions 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 $11,000 ($12,000 if only one of you is age 50 or older or $13,000 if both of you are age 50 or older).

Note. This traditional IRA limit is reduced by any contributions to a section

 

• The contributions to your traditional IRA for the year, or

• The general limit (or the Kay Bailey Hutchison Spousal IRA limit, if applicable) explained earlier under How Much Can Be Contributed?.

 

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.

TIP: You may be able to claim a credit for contributions to your traditional IRA. For more information, see chapter 3.

Trustees' fees. 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). For information about miscellaneous itemized deductions, see Pub. 529, Miscellaneous Deductions.

Brokers' commissions. These commissions are part of your IRA contribution and, as such, are deductible subject to the limits.

Full deduction. 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 of your traditional IRAs of up to the lesser of:

 

• $5,500 ($6,500 if you are age 50 or older), or

• 100% of your compensation.

 

This limit is reduced by any contributions made to a 501(c)(18) plan on your behalf.

Kay Bailey Hutchison Spousal IRA. 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:

 

1. $5,500 ($6,500 if the spouse with the lower compensation is age 50 or older), or

2. The total compensation includible in the gross income of both spouses for the year reduced by the following three amounts.

 

a. The IRA deduction for the year of the spouse with the greater compensation.

b. Any designated nondeductible contribution for the year made on behalf of the spouse with the greater compensation.

c. 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 section

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 the contributions to your own IRA. Your deductions are subject to the rules for single individuals.

Covered by an employer retirement plan. 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.

Are You Covered by an Employer Plan?

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, later.

If you are not certain whether you were covered by your employer's retirement plan, you should ask your employer.

Federal judges. For purposes of the IRA deduction, federal judges are covered by an employer plan.

For Which Year(s) Are You Covered?

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.

Tax year. 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.

Defined contribution plan. 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. However, also see Situations in Which You Are Not Covered, later.

A defined contribution plan is a plan that provides for a separate account for each person covered by the plan. In a defined contribution plan, the amount to be contributed to each participant's account is spelled out in the plan. The level of benefits actually provided to a participant depends on the total amount contributed to that participant's account and any earnings and losses on those contributions. Types of defined contribution plans include profit-sharing plans, stock bonus plans, and money purchase pension plans.

Example. Company A has a money purchase pension plan. Its plan year is from July 1 to June 30. The plan provides that contributions must be allocated as of June 30. Bob, an employee, leaves Company A on December 31, 2014. The contribution for the plan year ending on June 30, 2015, is made February 15, 2016. Because an amount is contributed to Bob's account for the plan year, Bob is covered by the plan for his 2015 tax year.

A special rule applies to certain plans in which it is not possible to determine if an amount will be contributed to your account for a given plan year. If, for a plan year, no amounts have been allocated to your account that are attributable to employer contributions, employee contributions, or forfeitures, by the last day of the plan year, and contributions are discretionary for the plan year, you are not covered for the tax year in which the plan year ends. If, after the plan year ends, the employer makes a contribution for that plan year, you are covered for the tax year in which the contribution is made.

Example. Mickey was covered by a profit-sharing plan and left the company on December 31, 2014. The plan year runs from July 1 to June 30. Under the terms of the plan, employer contributions do not have to be made, but if they are made, they are contributed to the plan before the due date for filing the company's tax return. Such contributions are allocated as of the last day of the plan year, and allocations are made to the accounts of individuals who have any service during the plan year. As of June 30, 2015, no contributions were made that were allocated to the June 30, 2015, plan year, and no forfeitures had been allocated within the plan year. In addition, as of that date, the company was not obligated to make a contribution for such plan year and it was impossible to determine whether or not a contribution would be made for the plan year. On December 31, 2015, the company decided to contribute to the plan for the plan year ending June 30, 2015. That contribution was made on February 15, 2016. Mickey is an active participant in the plan for his 2016 tax year but not for his 2015 tax year.

No vested interest. If an amount is allocated to your account for a plan year, you are covered by that plan even if you have no vested interest in (legal right to) the account.

Defined benefit plan. 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:

 

• Declined to participate in the plan,

• Did not make a required contribution, or

• Did not perform the minimum service required to accrue a benefit for the year.

 

A defined benefit plan is any plan that is not a defined contribution plan. In a defined benefit plan, the level of benefits to be provided to each participant is spelled out in the plan. The plan administrator figures the amount needed to provide those benefits and those amounts are contributed to the plan. Defined benefit plans include pension plans and annuity plans.

Example. Nick, an employee of Company B, is eligible to participate in Company B's defined benefit plan, which has a July 1 to June 30 plan year. Nick leaves Company B on December 31, 2014. Because Nick is eligible to participate in the plan for its year ending June 30, 2015, he is covered by the plan for his 2015 tax year.

No vested interest. 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.

Situations in Which You Are Not Covered

Unless you are covered by another employer plan, you are not covered by an employer plan if you are in one of the situations described below.

Social security or railroad retirement. Coverage under social security or railroad retirement is not coverage under an employer retirement plan.

Benefits from previous employer's plan. If you receive retirement benefits from a previous employer's plan, you are not covered by that plan.

Reservists. 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:

 

a. The United States,

b. A state or political subdivision of a state, or

c. 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).

 

Volunteer firefighters.

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:

 

a. The United States,

b. A state or political subdivision of a state, or

c. 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.

 

Limit if Covered by Employer Plan

As discussed earlier, the deduction you can take for contributions made to your traditional IRA depends on whether you or your spouse was covered for any part of the year by an employer retirement plan. Your deduction is also affected by how much income you had and by your filing status. Your deduction may also be affected by social security benefits you received.

Reduced or no deduction. 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 the phaseout, you must determine your modified adjusted gross income (AGI) and your filing status, as explained later under Deduction Phaseout. Once you have determined your modified AGI and your filing status, you can use Table 1-2 or Table 1-3 to determine if the phaseout applies.

Social Security Recipients

Instead of using Table 1-2 or Table 1-3 and Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2015, later, complete the worksheets in Appendix B of this publication if, for the year, all of the following apply.

 

• You received social security benefits.

• You received taxable compensation.

• Contributions were made to your traditional IRA.

• You or your spouse was covered by an employer retirement plan.

 

Use the worksheets in Appendix B to figure your IRA deduction, your nondeductible contribution, and the taxable portion, if any, of your social security benefits. Appendix B includes an example with filled-in worksheets to assist you.

Table 1-2. Effect of Modified AGI1 on Deduction if You Are Covered by a 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.

 

 ----------------------------------------------------------------------

 

                         

AND

 your modified

 

                         adjusted gross income

 

 

IF

 your filing          (modified AGI)          

THEN

 you can

 

 status is . . .         is . . .                take . . .

 

 ----------------------------------------------------------------------

 

 

single

 or               $61,000 or less         a full deduction.

 

 

head of household

       ----------------------------------------------

 

                         more than $61,000       a partial deduction.

 

                         but less than $71,000

 

                         ----------------------------------------------

 

                         $71,000 or more         no deduction.

 

 ----------------------------------------------------------------------

 

 

married filing jointly

  $98,000 or less         a full deduction.

 

 or

qualifying

           ----------------------------------------------

 

 

widow(er)

               more than $98,000       a partial deduction.

 

                         but less than $118,000

 

                         ----------------------------------------------

 

                         $118,000 or more        no deduction.

 

 ----------------------------------------------------------------------

 

 

married filing

          less than $10,000       a partial deduction.

 

 

separately

2

             ----------------------------------------------

 

                         $10,000 or more         no deduction.

 

 ----------------------------------------------------------------------

 

 

1

 Modified AGI (adjusted gross income). See

Modified adjusted gross

 

 income (AGI),

 later.

 

 

2

 If 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" filing status).

 

 ======================================================================

 

 

Table 1-3. Effect of Modified AGI1 on Deduction if You Are NOT Covered by a 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.

 

 ----------------------------------------------------------------------

 

                         

AND

 your modified

 

                         adjusted gross income

 

 

IF

 your filing          (modified AGI)          

THEN

 you can

 

 status is . . .         is . . .                take . . .

 

 ----------------------------------------------------------------------

 

 

single,

                 any amount             a full deduction.

 

 

head of household,

 or

 

 

qualifying widow(er)

 

 ----------------------------------------------------------------------

 

 

married filing jointly

  any amount             a full deduction.

 

 or

separately

 with a

 

 spouse who

is not

 

 covered by a plan at

 

 work

 

 ----------------------------------------------------------------------

 

 

married filing jointly

  $183,000 or less       a full deduction.

 

 with a spouse who

is

    ----------------------------------------------

 

 covered by a plan at    more than $183,000     a partial deduction.

 

 work                    but less than

 

                         $193,000

 

                         ----------------------------------------------

 

                         $193,000 or more       no deduction.

 

 ----------------------------------------------------------------------

 

 

married filing

          less than $10,000      a partial deduction.

 

 

separately

 with a       ----------------------------------------------

 

 spouse who

is

           $10,000 or more        no deduction.

 

 covered by a plan at

 

 work

2

 

 ----------------------------------------------------------------------

 

 

1

 Modified AGI (adjusted gross income). See

Modified adjusted gross

 

 income (AGI),

 later.

 

 

2

 You are entitled to the full deduction if you did not live with your

 

 spouse at any time during the year.

 

 ======================================================================

 

 

Deduction Phaseout

The amount of any reduction in the limit on your IRA deduction (phaseout) depends on whether you or your spouse was covered by an employer retirement plan.

Covered by a retirement plan. If you are 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 1-2.

If your spouse is covered. 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 1-3.

Filing status. 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 Pub. 501, Exemptions, Standard Deduction, and Filing Information.

Lived apart from spouse. 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.

Modified adjusted gross income (AGI). You can use Worksheet 1-1 to figure your modified AGI. If you made contributions to your IRA for 2015 and received a distribution from your IRA in 2015, see Both contributions for 2015 and distributions in 2015, later.

CAUTION: 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.

Form 1040. If you file Form 1040, refigure the amount on the page 1 "adjusted gross income" line without taking into account any of the following amounts.

 

• IRA deduction.

• Student loan interest deduction.

• Tuition and fees deduction.

• Domestic production activities deduction.

• Foreign earned income exclusion.

• Foreign housing exclusion or deduction.

• Exclusion of qualified savings bond interest shown on Form 8815.

• Exclusion of employer-provided adoption benefits shown on Form 8839.

 

This is your modified AGI.

Form 1040A. 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.

 

• IRA deduction.

• Student loan interest deduction.

• Tuition and fees deduction.

• Exclusion of qualified savings bond interest shown on Form 8815.

 

This is your modified AGI.

Form 1040NR. If you file Form 1040NR, refigure the amount on the page 1 "adjusted gross income" line without taking into account any of the following amounts.

 

• IRA deduction.

• Student loan interest deduction.

• Domestic production activities deduction.

• Exclusion of qualified savings bond interest shown on Form 8815.

• Exclusion of employer-provided adoption benefits shown on Form 8839.

 

This is your modified AGI.

Income from IRA distributions. If you received distributions in 2015 from one or more traditional IRAs and your traditional IRAs include only deductible contributions, the distributions are fully taxable and are included in your modified AGI. See Pub. 590-B for more information on distributions.

Both contributions for 2015 and distributions in 2015. If all three of the following apply, any IRA distributions you received in 2015 may be partly tax free and partly taxable.

 

• You received distributions in 2015 from one or more traditional IRAs,

• You made contributions to a traditional IRA for 2015, and

• Some of those contributions may be nondeductible contributions. (See Nondeductible Contributions and Worksheet 1-2, later.)

 

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 1-1 in

Pub. 590-B

.

If at least one of the above does not apply, figure your modified AGI using Worksheet 1-1, later.

Worksheet 1-1. Figuring Your Modified AGI

 Keep for Your Records

 

 

Use this worksheet to figure your modified AGI for traditional IRA

 

 purposes.

 

 --------------------------------------------------------------------

 

 

1.

 Enter your adjusted gross income (AGI) from

 

    Form 1040A, line 22; or

 

    Form 1040NR, line 37, figured without taking into

 

    account the amount from Form 1040, line 32;

 

    Form 1040A, line 17; or Form 1040NR, line 32            

1.

 ______

 

 

2.

 Enter any student loan interest deduction from

 

    Form 1040A, line 18; or

 

    Form 1040NR, line 33                                    

2.

 ______

 

 

3.

 Enter any tuition and fees deduction from

 

    Form 1040A, line 19              

3.

 ______

 

 

4.

 Enter any domestic production activities deduction

 

    from Form 1040, line 35, or Form 1040NR, line 34        

4.

 ______

 

 

5.

 Enter any foreign earned income exclusion 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 50                                                

6.

 ______

 

 

7.

 Enter any excludable savings bond interest from

 

    Form 8815, line 14                                      

7.

 ______

 

 

8.

 Enter any excluded employer-provided adoption

 

    benefits from Form 8839, line 28                        

8.

 ______

 

 

9.

 Add lines 1 through 8. This is your

Modified AGI

 

    for traditional IRA purposes                            

9.

 ______

 

 --------------------------------------------------------------------

 

 

How To Figure Your Reduced IRA Deduction

If you or your spouse is covered by an employer retirement plan and you did not receive any social security benefits, you can figure your reduced IRA deduction by using Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015. The Instructions for Form 1040A, and Form 1040NR include similar worksheets that you can use instead of the worksheet in this publication.

If you or your spouse is covered by an employer retirement plan, and you received any social security benefits, see Social Security Recipients, earlier.

Note. If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction separately.

Reporting Deductible Contributions

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 of that form. If you file Form 1040NR, enter your IRA deduction on line 32 of that form. You cannot deduct IRA contributions on Form 1040EZ or Form 1040NR-EZ.

Self-employed. If you are self-employed (a sole proprietor or partner) and have a SIMPLE IRA, enter your deduction for allowable plan contributions on Form 1040, line 28. If you file Form 1040NR, enter your deduction on line 28 of that form.

Nondeductible Contributions

Although your deduction for IRA contributions may be reduced or eliminated, contributions can be made to your IRA of up to the general limit or, if it applies, the Kay Bailey Hutchison Spousal IRA limit. The difference between your total permitted contributions and your IRA deduction, if any, is your nondeductible contribution.

Example. Tony is 29 years old and single. In 2015, he was covered by a retirement plan at work. His salary is $67,000. His modified AGI is $80,000. Tony makes a $5,500 IRA contribution for 2015. Because he was covered by a retirement plan and his modified AGI is above $71,000, he cannot deduct his $5,500 IRA contribution. He must designate this contribution as a nondeductible contribution by reporting it on Form 8606.

Repayment of reservist distributions. Nondeductible contributions may include repayments of qualified reservist distributions. For more information, see Qualified reservist repayments under How Much Can Be Contributed?, earlier.

Form 8606. 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 contributions.

You must file Form 8606 to report nondeductible contributions even if you do not have to file a tax return for the year.

CAUTION: 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 in Pub. 590-B.

Failure to report nondeductible contributions. If you do not report nondeductible contributions, all of the contributions to your traditional IRA will be treated like deductible contributions when withdrawn. All distributions from your IRA will be taxed unless you can show, with satisfactory evidence, that nondeductible contributions were made.

Penalty for overstatement. 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.

Penalty for failure to file Form 8606. 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.

Tax on earnings on nondeductible contributions. 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.

Cost basis. 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.

CAUTION: Commonly, distributions from your traditional IRAs will include both taxable and nontaxable (cost basis) amounts. See Pub. 590-B for more information on distributions for more information.

RECORDS: Recordkeeping. There is a recordkeeping worksheet, Appendix A. Summary Record of Traditional IRA(s) for 2015, that you can use to keep a record of deductible and nondeductible IRA contributions.

Examples -- Worksheet for Reduced IRA Deduction for 2015

The following examples illustrate the use of Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015.

Example 1. For 2015, Tom and Betty file a joint return on Form 1040. They are both 39 years old. They are both employed. Tom is covered by his employer's retirement plan. However, Betty is not covered by her employer's retirement plan. Tom's salary is $59,000 and Betty's is $32,555. They each have a traditional IRA and their combined modified AGI, which includes $8,000 interest and dividend income, is $99,555. Because their modified AGI is between $98,000 and $118,000 and Tom is covered by an employer plan, Tom is subject to the deduction phaseout discussed earlier under Limit if Covered by Employer Plan.

For 2015, Tom contributed $5,500 to his IRA and Betty contributed $5,500 to hers. Even though they file a joint return, they must figure their IRA deduction separately.

Tom can take a deduction of only $5,080. Using Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2015, Tom figures his deductible and nondeductible amounts as shown on Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015--Example 1 Illustrated.

He can choose to treat the $5,080 as either deductible or nondeductible contributions. He can either leave the $420 ($5,500 - $5,080) of nondeductible contributions in his IRA or withdraw them by April 18, 2016. He decides to treat the $5,080 as deductible contributions and leave the $420 of nondeductible contributions in his IRA.

Betty figures her IRA deduction as follows. Betty can treat all or part of her $5,500 contribution as either deductible or nondeductible. This is because she is not covered by her employer's retirement plan, and their combined modified AGI is not between $183,000 to $193,000. Therefore, she is not subject to the deduction phaseout discussed earlier under Limit if Covered by Employer Plan, and she does not need to use Worksheet 1-2, Figuring Your Reduced IRA Deduction for 2015. Betty decides to treat her $5,500 IRA contributions as deductible.

The IRA deductions of $5,080 and $5,500 on the joint return for Tom and Betty total $10,580.

Example 2. For 2015, Ed and Sue file a joint return on Form 1040. They are both 39 years old. Ed is covered by his employer's retirement plan. Ed's salary is $45,000. Sue had no compensation for the year and did not contribute to an IRA. Sue is not covered by an employer plan. Ed contributed $5,500 to his traditional IRA and $5,500 to a traditional IRA for Sue (a Kay Bailey Hutchison Spousal IRA). Their combined modified AGI, which includes $2,000 interest and dividend income and a large capital gain from the sale of stock, is $185,555.

Because the combined modified AGI is $118,000 or more and Ed is covered by his employer's plan, he cannot deduct any of the contribution to his traditional IRA. He can either leave the $5,500 of nondeductible contributions in his IRA or withdraw them by April 18, 2016.

Sue figures her IRA deduction as shown on Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015--Example 2 Illustrated.

Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015

 Keep for Your Records

 

 (Use only if you or your spouse is covered by an employer plan and

 

 your modified AGI falls between the two amounts shown below for your

 

 coverage situation and filing status.)

 

 

Note.

 If you were married and both you and your spouse

 

 contributed to IRAs, figure your deduction and your spouse's deduction

 

 separately.

 

 ----------------------------------------------------------------------

 

                                             

AND your

 

                     AND your                modified AGI   THEN enter

 

                     filing status           is over        on line 1

 

 IF you . . .        is . . .                . . .          below . . .

 

 ----------------------------------------------------------------------

 

 are

covered

 by an      single or head of

 

 employer plan             household           $61,000       $71,000

 

                     --------------------------------------------------

 

                     married filing jointly

 

                     or qualifying widow(er)   $98,000      $118,000

 

                     --------------------------------------------------

 

                        married filing

 

                          separately             $0          $10,000

 

 ----------------------------------------------------------------------

 

 are

not covered

        married filing

 

 by an employer            jointly            $183,000      $193,000

 

 plan, but your      --------------------------------------------------

 

 spouse is

covered

      married filing

 

                          separately             $0          $10,000

 

 ----------------------------------------------------------------------

 

 

1.

 Enter applicable amount from table above                

1.

 _______

 

 

2.

 Enter your

modified AGI

 (that of both spouses, if

 

    married filing jointly)                                  

2.

 _______

 

   

Note.

 If line 2 is equal to or more than the amount on

 

    line 1,

stop here.

 Your IRA contributions are not

 

    deductible. See

Nondeductible Contributions,

 earlier.

 

 

3.

 Subtract line 2 from line 1.

If line 3 is $10,000 or

 

    more ($20,000 or more if married filing jointly or

 

    qualifying widow(er) and you are covered by an

 

    employer plan), stop here.

 You can take a full IRA

 

    deduction for contributions of up to $5,500 ($6,500 if

 

    you are age 50 or older) or 100% of your (and if

 

    married filing jointly, your spouse's) compensation,

 

    whichever is less                                        

3.

 _______

 

 

4.

 Multiply line 3 by the percentage below that applies

 

    to you. If the result is not a multiple of $10, round

 

    it to the next highest multiple of $10. (For example,

 

    $611.40 is rounded to $620.) However, if the result is

 

    less than $200, enter $200.

 

    • Married filing jointly or qualifying widow(er)

and

  }

 

      you are covered by an employer plan, multiply line  }

 

      3 by 27.5% (.275) (by 32.5% (.325) if you are age   }

 

      50 or older).                                       }  

4.

 _______

 

                                                          }

 

    • All others, multiply line 3 by 55% (.55) (by 65%    }

 

      (.65) if you are age 50 or older).                  }

 

 

5.

 Enter your compensation minus any deductions on

 

    Form 1040 or Form 1040NR, line 27 (deductible part of

 

    self-employment tax) and line 28 (self-employed SEP,

 

    SIMPLE, and qualified plans). If you are filing a

 

    joint return and your compensation is less than your

 

    spouse's, include your spouse's compensation reduced

 

    by his or her traditional IRA and Roth IRA

 

    contributions for this year. If you file Form 1040

 

    or Form 1040NR, do not reduce your compensation by

 

    any losses from self-employment                          

5.

 _______

 

 

6.

 Enter contributions made, or to be made, to your IRA

 

    for 2015, but

do not

 enter more than $5,500 ($6,500 if

 

    you are age 50 or older). If contributions are more

 

    than $5,500 ($6,500 if you are age 50 or older), see

 

   

Excess Contributions,

 later                              

6.

 _______

 

 

7. IRA deduction.

 Compare lines 4, 5, and 6. Enter the

 

    smallest amount (or a smaller amount if you choose)

 

    here and on the 1040A, or 1040NR line for

 

    your IRA, whichever applies. If line 6 is more than

 

    line 7 and you want to make a nondeductible

 

    contribution, go to line 8                              

7.

 _______

 

 

8. Nondeductible contribution.

 Subtract line 7 from

 

    line 5 or 6, whichever is smaller. Enter the result

 

    here and on line 1 of your Form 8606                    

8.

 _______

 

 ----------------------------------------------------------------------

 

 

Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015--Example 1 Illustrated

 (Use only if you or your spouse is covered by an employer plan and

 

 your modified AGI falls between the two amounts shown below for your

 

 coverage situation and filing status.)

 

 

Note.

If you were married and both you and your spouse contributed to IRAs, figure your deduction and your spouse's deduction separately. ----------------------------------------------------------------------

AND your AND your modified AGI THEN enter filing status is over on line 1 IF you . . . is . . . . . . below . . .

---------------------------------------------------------------------- are

covered

by an single or head of employer plan household $61,000 $71,000 -------------------------------------------------- married filing jointly or qualifying widow(er) $98,000 $118,000 -------------------------------------------------- married filing separately $0 $10,000 ---------------------------------------------------------------------- are

not covered

married filing by an employer jointly $183,000 $193,000 plan, but your -------------------------------------------------- spouse is

covered

married filing separately $0 $10,000 ----------------------------------------------------------------------

1.

Enter applicable amount from table above

1. 118,000 2.

Enter your

modified AGI

(that of both spouses, if married filing jointly)

2. 99,555 Note.

If line 2 is equal to or more than the amount on line 1,

stop here.

Your IRA contributions are not deductible. See

Nondeductible Contributions,

earlier.

3.

Subtract line 2 from line 1.

If line 3 is $10,000 or more ($20,000 or more if married filing jointly or qualifying widow(er) and you are covered by an employer plan), stop here.

You can take a full IRA deduction for contributions of up to $5,500 ($6,500 if you are age 50 or older) or 100% of your (and if married filing jointly, your spouse's) compensation, whichever is less

3. 18,445 4.

Multiply line 3 by the percentage below that applies to you. If the result is not a multiple of $10, round it to the next highest multiple of $10. (For example, $611.40 is rounded to $620.) However, if the result is less than $200, enter $200. • Married filing jointly or qualifying widow(er)

and

} you are covered by an employer plan, multiply line } 3 by 27.5% (.275) (by 32.5% (.325) if you are age } 50 or older). }

4. 5,080

} • All others, multiply line 3 by 55% (.55) (by 65% } (.65) if you are age 50 or older). }

5.

Enter your compensation minus any deductions on Form 1040 or Form 1040NR, line 27 (deductible part of self-employment tax) and line 28 (self-employed SEP, SIMPLE, and qualified plans). If you are filing a joint return and your compensation is less than your spouse's, include your spouse's compensation reduced by his or her traditional IRA and Roth IRA contributions for this year. If you file Form 1040 or Form 1040NR, do not reduce your compensation by any losses from self-employment

5. 59,000 6.

Enter contributions made, or to be made, to your IRA for 2015, but

do not

enter more than $5,500 ($6,500 if you are age 50 or older). If contributions are more than $5,500 ($6,500 if you are age 50 or older), see

Excess Contributions,

later

6. 5,500 7. IRA deduction.

Compare lines 4, 5, and 6. Enter the smallest amount (or a smaller amount if you choose) here and on the 1040A, or 1040NR line for your IRA, whichever applies. If line 6 is more than line 7 and you want to make a nondeductible contribution, go to line 8

7. 5,080 8. Nondeductible contribution.

Subtract line 7 from line 5 or 6, whichever is smaller. Enter the result here and on line 1 of your Form 8606

8. 420

----------------------------------------------------------------------

Worksheet 1-2. Figuring Your Reduced IRA Deduction for 2015 -- Example 2 Illustrated

 (Use only if you or your spouse is covered by an employer plan and

 

 your modified AGI falls between the two amounts shown below for your

 

 coverage situation and filing status.)

 

 

Note.

 If you were married and both you and your spouse contributed to

 

 IRAs, figure your deduction and your spouse's deduction separately.

 

 ----------------------------------------------------------------------

 

                                         

AND your

 

                    AND your             modified

 

                    filing status        AGI is      THEN enter on

 

 IF you . . .       is . . .             over . . .  line 1 below . . .

 

 ----------------------------------------------------------------------

 

 are

covered

 by an  single or head        $61,000         $71,000

 

 employer plan       of household

 

                    ---------------------------------------------------

 

                    married filing        $98,000        $118,000

 

                      jointly or

 

                      qualifying

 

                       widow(er)

 

                    ---------------------------------------------------

 

                    married filing           $0           $10,000

 

                      separately

 

 ----------------------------------------------------------------------

 

 are

not covered

    married filing       $183,000        $193,000

 

 by an employer         jointly

 

 plan, but your     ---------------------------------------------------

 

 spouse is

covered

  married filing           $0           $10,000

 

                      separately

 

 ----------------------------------------------------------------------

 

 

1.

 Enter applicable amount from table above                

1.

 

193,000

 

 

2.

 Enter your

modified AGI

 (that of both spouses, if

 

    married filing jointly)                                  

2.

 

185,555

 

   

Note.

 If line 2 is equal to or more than the amount

 

    on line 1,

stop here.

 Your IRA contributions are not

 

    deductible. See

Nondeductible Contributions,

 earlier.

 

 

3.

 Subtract line 2 from line 1.

If line 3 is $10,000 or

 

    more ($20,000 or more if married filing jointly or

 

    qualifying widow(er) and you are covered by an employer

 

    plan), stop here.

 You can take a full IRA deduction for

 

    contributions of up to $5,500 ($6,500 if you are age 50

 

    or older) or 100% of your (and if married filing

 

    jointly, your spouse's) compensation, whichever is less  

3.

 

  7,445

 

 

4.

 Multiply line 3 by the percentage below that applies to

 

    you. If the result is not a multiple of $10, round it

 

    to the next highest multiple of $10. (For example,

 

    $611.40 is rounded to $620.) However, if the result is

 

    less than $200, enter $200.

 

     • Married filing jointly or qualifying widow(er)    }

 

       

and

 you are covered by an employer plan,          }

 

       multiply line 3 by 27.5% (.275) (by 32.5% (.325)  }

 

       if you are age 50 or older).                      }  

4.

 

  4,100

 

                                                         }

 

     • All others, multiply line 3 by 55% (.55) (by 65%  }

 

       (.65) if you are age 50 or older).                }

 

 

5.

 Enter your compensation minus any deductions on

 

    Form 1040 or Form 1040NR, line 27 (deductible part of

 

    self-employment tax) and line 28 (self-employed SEP,

 

    SIMPLE, and qualified plans). If you are filing a

 

    joint return and your compensation is less than your

 

    spouse's, include your spouse's compensation reduced by

 

    his or her traditional IRA and Roth IRA contributions

 

    for this year. If you file Form 1040 or Form 1040NR, do

 

    not reduce your compensation by any losses from

 

    self-employment                                          

5.

 

 39,500

 

 

6.

 Enter contributions made, or to be made, to your IRA

 

    for 2015, but

do not

 enter more than $5,500 ($6,500 if

 

    you are age 50 or older). If contributions are more

 

    than $5,500 ($6,500 if you are age 50 or older), see

 

   

Excess Contributions,

 later                              

6.

 

  5,500

 

 

7. IRA deduction.

 Compare lines 4, 5, and 6. Enter the

 

    smallest amount (or a smaller amount if you choose)

 

    here and on the 1040A, or 1040NR line for

 

    your IRA, whichever applies. If line 6 is more than

 

    line 7 and you want to make a nondeductible

 

    contribution, go to line 8                              

7.

 

  4,100

 

 

8. Nondeductible contribution.

 Subtract line 7 from line

 

    5 or 6, whichever is smaller. Enter the result here and

 

    on line 1 of your Form 8606                              

8.

 

  1,400

 

 ----------------------------------------------------------------------

 

 

 

What if You Inherit an IRA?

 

 

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.

Inherited from Spouse

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:

 

a. Qualified employer plan,

b. Qualified employee annuity plan (section 403(a) plan),

c. Tax-sheltered annuity plan (section 403(b) plan),

d. Deferred compensation plan of a state or local government (section 457 plan), or

 

3. Treat yourself as the beneficiary rather than treating the IRA as your own.

 

Treating it as your own.

You will be considered to have chosen to treat the IRA as your own if:

 

• Contributions (including rollover contributions) are made to the inherited IRA, or

• You do not take the required minimum distribution for a year as a beneficiary of the IRA.

 

You will only be considered to have chosen to treat the IRA as your own if:

 

• You are the sole beneficiary of the IRA, and

• You have an unlimited right to withdraw amounts from it.

 

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. For more information, see

When Must You Withdraw Assets? (Required Minimum Distributions)

in

Pub. 590-B

for more information on required minimum distributions.

Inherited from Someone Other Than Spouse

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. See Pub. 590-B for more information.

Like the original owner, you generally will not owe tax on the assets in the IRA until you receive distributions from it. You must begin receiving distributions from the IRA under the rules for distributions that apply to beneficiaries.

More information. For more information about rollovers, required distributions, and inherited IRAs, see:

 

Rollovers,

later, under

Can You Move Retirement Plan Assets?,

When Must You Withdraw Assets? (Required Minimum Distributions) in Pub. 590-B, and

• The discussion of IRA Beneficiaries, under When Must You Withdraw Assets? (Required Minimum Distributions) in Pub. 590-B.

 

Can You Move Retirement Plan Assets?

You can transfer, tax free, assets (money or property) from other retirement programs (including traditional IRAs) to a traditional IRA. You can make the following kinds of transfers.

 

• Transfers from one trustee to another.

• Rollovers.

• Transfers incident to a divorce.

 

This chapter discusses all three kinds of transfers.

Transfers to Roth IRAs. Under certain conditions, you can move assets from a traditional IRA or from a designated Roth account to a Roth IRA. For more information about these transfers, see Converting From Any Traditional IRA Into a Roth IRA, later in this chapter, and Can You Move Amounts Into a Roth IRA? in chapter 2.

Transfers to Roth IRAs from other retirement plans. Under certain conditions, you can move assets from a qualified retirement plan to a Roth IRA. For more information, see Can You Move Amounts Into a Roth IRA? in chapter 2.

Trustee-to-Trustee Transfer

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. This includes the situation where the current trustee issues a check to the new trustee but gives it to you to deposit. 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. This waiting period is discussed later under Rollover From One IRA Into Another.

For information about direct transfers from retirement programs other than traditional IRAs, see Direct rollover option, later.

Rollovers

Generally, a rollover is a tax-free distribution to you of cash or other assets from one retirement plan that you contribute 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.

Kinds of rollovers to a traditional IRA. You can roll over amounts from the following plans into a traditional IRA:

 

• A traditional IRA,

• An employer's qualified retirement plan for its employees,

• A deferred compensation plan of a state or local government (section 457 plan), or

• A tax-sheltered annuity plan (section 403 plan).

 

Also, see Table 1-4, later.

Treatment of rollovers. 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 Reporting rollovers from employer plans.

Rollover notice. A written explanation of rollover treatment must be given to you by the plan (other than an IRA) making the distribution. See Written explanation to recipients, later, for more details.

Kinds of rollovers from a traditional IRA. 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.

Tax treatment of a rollover from a traditional IRA to an eligible retirement plan other than an IRA. Ordinarily, when you have basis in your IRAs, any distribution is considered to include both nontaxable and taxable amounts. Without a special rule, the nontaxable portion of such a distribution could not be rolled over. However, a special rule treats a distribution you roll over into an eligible retirement plan as including only otherwise taxable amounts if the amount you either leave in your IRAs or do not roll over is at least equal to your basis. The effect of this special rule is to make the amount in your traditional IRAs that you can roll over to an eligible retirement plan as large as possible.

Eligible retirement plans. The following are considered eligible retirement plans.

 

• Individual retirement arrangements (IRAs).

• Qualified trusts.

• Qualified employee annuity plans under section 403(a).

• Deferred compensation plans of state and local governments (section 457 plans).

• Tax-sheltered annuities (section 403(b) annuities).

 

Time Limit for Making a Rollover Contribution

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.

Example. You received an eligible rollover distribution from your traditional IRA on June 30, 2015, that you intend to roll over to your 403(b) plan. To postpone including the distribution in your income, you must complete the rollover by August 29, 2015, the 60th day following June 30.

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 exceptions to the 60-day period, see Automatic waiver, Other waivers, and Extension of rollover period, later.

Rollovers completed after the 60-day period. In the absence of a waiver, amounts not rolled over within the 60-day period do not qualify for tax-free rollover treatment. You must treat them as a taxable distribution from either your IRA or your employer's plan. These amounts are taxable in the year distributed, even if the 60-day period expires in the next year. You may also have to pay a 10% additional tax on early distributions as discussed under Early Distributions in Pub. 590-B.

Unless there is a waiver or an extension of the 60-day rollover period, any contribution you make to your IRA more than 60 days after the distribution is a regular contribution, not a rollover contribution.

Table 1-4. Rollover Chart

 The following chart indicates the rollovers that are permitted between

 

 various types of plans.

 

 ----------------------------------------------------------------------

 

                               

Roll To

 

 ----------------------------------------------------------------------

 

                                 

Traditional       SIMPLE

 

                     Roth IRA     IRA               IRA         SEP IRA

 

       ----------------------------------------------------------------

 

       

Roth IRA

      Yes

2

         No                No          No

 

       ----------------------------------------------------------------

 

       

Traditional

   Yes

3        

Yes

2              

Yes

2, 7,    

Yes

2

 

       

IRA

                                          after

 

                                                    2 years

 

       ----------------------------------------------------------------

 

       

SIMPLE

        Yes

3,

after  Yes

2,

after       Yes

2        

Yes

2

,

 

       

IRA

           2 years      2 years                      after

 

                                                               2 years

 

       ----------------------------------------------------------------

 

       

SEP IRA

       Yes

3        

Yes

2              

Yes

2, 7,  

Yes

2

 

                                                    after

 

                                                    2 years

 

 

Roll

  ----------------------------------------------------------------

 

 

From  Governmental

  Yes

3        

Yes

               

Yes

7

,       Yes

 

       

457(b) Plan

                                  after

 

                                                    2 years

 

       ----------------------------------------------------------------

 

       

Qualified

     Yes

3        

Yes               Yes

7

,       Yes

 

       

Plan

1

                                        after

 

       

(pre-tax)

                                    2 years

 

       ----------------------------------------------------------------

 

       

403(b) Plan

   Yes

3        

Yes               Yes

7

,       Yes

 

       

(pre-tax)

                                    after

 

                                                    2 years

 

       ----------------------------------------------------------------

 

       

Designated

    Yes          No                No          No

 

       

Roth

 

       Account

 

       (401(k),

 

       403(b) or

 

       457(b))

 

 ----------------------------------------------------------------------

 

 

[Table Continued]

 

 ----------------------------------------------------------------------

 

                               

Roll To

 

 ----------------------------------------------------------------------

 

                                                             

Designated

 

                                                             Roth

 

                                                             Account

 

                                   Qualified                 (401(k),

 

                     Governmental  Plan

1

       403(b) Plan   403(b) or

 

                     457(b) Plan   (pre-tax)   (pre-tax)     457(b))

 

       ----------------------------------------------------------------

 

       

Roth IRA

      No            No          No            No

 

       ----------------------------------------------------------------

 

       

Traditional

   Yes

4

          Yes         Yes           No

 

       

IRA

 

       ----------------------------------------------------------------

 

       

SIMPLE

        Yes

4

, after   Yes, after  Yes, after 2  No

 

       

IRA

           2 years       2 years     years

 

       ----------------------------------------------------------------

 

       

SEP IRA

       Yes

4

          Yes         Yes           No

 

 

Roll

  ----------------------------------------------------------------

 

 

From  Governmental

  Yes           Yes         Yes           Yes,

3, 5

 

       

457(b) Plan

 

       ----------------------------------------------------------------

 

       

Qualified

     Yes

4          

Yes         Yes           Yes,

3, 5

 

       

Plan

1

 

       (pre-tax)

 

       ----------------------------------------------------------------

 

       

403(b) Plan

   Yes

4          

Yes         Yes           Yes,

3, 5

 

       

(pre-tax)

 

       ----------------------------------------------------------------

 

       

Designated

    No            No          No            Yes

6

 

       

Roth

 

       Account

 

       (401(k),

 

       403(b) or

 

       457(b))

 

 ----------------------------------------------------------------------

 

 

1

 Qualified plans include, for example, profit-sharing, 401(k),

 

 money purchase, and defined benefit plans.

 

 

2

 Only one rollover in any 12-month period.

 

 

3

 Must include in income.

 

 

4

 Must have separate accounts.

 

 

5

 Must be an in-plan rollover.

 

 

6

 Any nontaxable amounts distributed must be rolled over by direct

 

 trustee-to-trustee transfer.

 

 

7

 Applies to rollover contributions after December 18, 2015. For more

 

 information regarding retirement plans and rollovers, visit

Tax

 

 Information for Retirement Plans.

 

 ======================================================================

 

 

Example.

You received a distribution in late December 2015 from a traditional IRA that you do not roll over into another traditional IRA within the 60-day limit. You do not qualify for a waiver. This distribution is taxable in 2015 even though the 60-day limit was not up until 2016.

Automatic waiver. The 60-day rollover requirement is waived automatically only if all of the following apply.

 

• The financial institution receives the funds on your behalf before the end of the 60-day rollover period.

• You followed all the procedures set by the financial institution for depositing the funds into an eligible retirement plan within the 60-day period (including giving instructions to deposit the funds into an eligible retirement plan).

• The funds are not deposited into an eligible retirement plan within the 60-day rollover period solely because of an error on the part of the financial institution.

• The funds are deposited into an eligible retirement plan within 1 year from the beginning of the 60-day rollover period.

• It would have been a valid rollover if the financial institution had deposited the funds as instructed.

 

Other waivers.

If you do not qualify for an automatic waiver, you can apply to the IRS for a waiver of the 60-day rollover requirement. To apply for a waiver, you must submit a request for a letter ruling under the appropriate IRS revenue procedure. This revenue procedure is generally published in the first Internal Revenue Bulletin of the year. You must also pay a user fee with the application. The information is in

Revenue Procedure 2016-8

in Internal Revenue Bulletin 2016-1 available at

http://www.irs.gov/irb/2016-01_IRB/ar14.html.

In determining whether to grant a waiver, the IRS will consider all relevant facts and circumstances, including:

 

• Whether errors were made by the financial institution (other than those described under

Automatic waiver,

earlier);

• Whether you were unable to complete the rollover due to death, disability, hospitalization, incarceration, restrictions imposed by a foreign country, or postal error;

• Whether you used the amount distributed (for example, in the case of payment by check, whether you cashed the check); and

• How much time has passed since the date of distribution.

 

Amount.

The rules regarding the amount that can be rolled over within the 60-day time period also apply to the amount that can be deposited due to a waiver. For example, if you received $6,000 from your IRA, the most that you can deposit into an eligible retirement plan due to a waiver is $6,000.

Extension of rollover period. 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, two special rules extend the rollover period.

 

• The period during which the amount is a frozen deposit is not counted in the 60-day period.

• The 60-day period cannot end earlier than 10 days after the deposit is no longer frozen.

 

Frozen deposit.

This is any deposit that cannot be withdrawn from a financial institution because of either of the following reasons.

 

• The financial institution is bankrupt or insolvent.

• The state where the institution is located restricts withdrawals because one or more financial institutions in the state are (or are about to be) bankrupt or insolvent.

 

Rollover From One IRA Into Another

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.

TIP: 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. See Recharacterizations in this chapter for more information.

Waiting period between rollovers. 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. Starting in 2015, new rules apply to the number of rollovers you can have with your traditional IRAs. See Application of one-rollover-per-year limitation, below.

Example. You have two traditional IRAs, IRA-1 and IRA-2. In 2015, you made 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.

For 2015, the rollover from IRA-1 into IRA-3 prevents you from making a tax-free rollover from IRA-2 into any other traditional IRA. This is because in 2015 you are only allowed to make one rollover within a 1-year period. So when you make a rollover from IRA-1 to IRA-3, you cannot make a rollover from IRA-2 to any other traditional IRA.

Application of one-rollover-per-year limitation. Beginning in 2015, you can make only one rollover from an IRA to another (or the same) IRA in any 1-year period regardless of the number of IRAs you own. The limit will apply by aggregating all of an individual's IRAs, including SEP and SIMPLE IRAs as well as traditional and Roth IRAs, effectively treating them as one IRA for purposes of the limit. However, trustee-to-trustee transfers between IRAs are not limited and rollovers from traditional IRAs to Roth IRAs (conversions) are not limited.

Example. John has three traditional IRAs: IRA-1, IRA-2, and IRA-3. John did not take any distributions from his IRAs in 2015. On January 1, 2016, John took a distribution from IRA-1 and rolled it over into IRA-2 on the same day. For 2016, John cannot roll over any other 2016 IRA distribution, including a rollover distribution involving IRA-3. This would not apply to a conversion.

2015 transition rule ignores some 2014 distributions. An IRA distribution rolled over to another (or the same) IRA in 2014 will not prevent a 2015 distribution (within the 1-year period) from being rolled over provided the 2015 distribution is from an IRA that is different from any IRA involved in the 2014 rollover.

The same property must be rolled over. If property is distributed to you from an IRA and you complete the rollover by contributing property to an IRA, your rollover is tax free only if the property you contribute is the same property that was distributed to you.

Partial rollovers. 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?.

Required distributions. Amounts that must be distributed during a particular year under the required distribution rules (discussed in Pub. 590-B) are not eligible for rollover treatment.

Inherited IRAs. 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 as discussed earlier under What if You Inherit an IRA?.

Reporting rollovers from IRAs. Report any rollover from one traditional IRA to the same or another traditional IRA on Form 1040A, lines 11a and 11b; or Form 1040NR, lines 16a and 16b.

Enter the total amount of the distribution on Form 1040, line 15a; Form 1040A, line 11a; or Form 1040NR, line 16a. If the total amount on Form 1040, line 15a; Form 1040A, line 11a; or Form 1040NR, line 16a, was rolled over, enter zero on Form 1040, line 15b; Form 1040A, line 11b; or Form 1040NR, line 16b. 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; Form 1040A, line 11b; or Form 1040NR, line 16b. Put "Rollover" next to line 15b, Form 1040; line 11b, Form 1040A; or line 16b, Form 1040NR. 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 2016, attach a statement explaining what you did.

For information on how to figure the taxable portion, see Are Distributions Taxable in Pub. 590-B.

Rollover From Employer's Plan Into an IRA

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):

 

• Employer's qualified pension, profit-sharing, or stock bonus plan;

• Annuity plan;

• Tax-sheltered annuity plan (section 403(b) plan); or

• Governmental deferred compensation plan (section 457 plan).

 

A qualified plan is one that meets the requirements of the Internal Revenue Code.

Eligible rollover distribution. 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 Assets? (Required Minimum Distributions)

in

Pub. 590-B

).

2. A hardship distribution.

3. Any of a series of substantially equal periodic distributions paid at least once a year over:

 

a. Your lifetime or life expectancy,

b. The lifetimes or life expectancies of you and your beneficiary, or

c. 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.

 

Your rollover into a traditional IRA may include both amounts that would be taxable and amounts that would not be taxable if they were distributed to you, but not rolled over. To the extent the distribution is rolled over into a traditional IRA, it is not includible in your income.

TIP: 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 in Pub. 590-B.

Rollover by nonspouse beneficiary. If you are a designated beneficiary (other than a surviving spouse) of a deceased employee, you can roll over all or part of an eligible rollover distribution from one of the types of plans listed above into a traditional IRA. You must make the rollover by a direct trustee-to-trustee transfer into an inherited IRA.

You will determine your required minimum distributions in years after you make the rollover based on whether the employee died before his or her required beginning date for taking distributions from the plan. For more information, see Distributions after the employee's death under Tax on Excess Accumulation in Pub. 575.

Written explanation to recipients. Before making an eligible rollover distribution, the administrator of a qualified retirement plan must provide you with a written explanation. It must tell you about all of the following.

 

• Your right to have the distribution paid tax free directly to a traditional IRA or another eligible retirement plan.

• The requirement to withhold tax from the distribution if it is not paid directly to a traditional IRA or another eligible retirement plan.

• The tax treatment of any part of the distribution that you roll over to a traditional IRA or another eligible retirement plan within 60 days after you receive the distribution.

• Other qualified retirement plan rules, if they apply, including those for lump-sum distributions, alternate payees, and cash or deferred arrangements.

• How the plan receiving the distribution differs from the plan making the distribution in its restrictions and tax consequences.

 

The plan administrator must provide you with this written explanation no earlier than 90 days and no later than 30 days before the distribution is made.

However, you can choose to have a distribution made less than 30 days after the explanation is provided as long as both of the following requirements are met.

 

• You are given at least 30 days after the notice is provided to consider whether you want to elect a direct rollover.

• You are given information that clearly states that you have this 30-day period to make the decision.

 

Contact the plan administrator if you have any questions regarding this information.

Withholding requirement. Generally, if an eligible rollover distribution is paid directly to you, the payer must withhold 20% of it. This applies even if you plan to roll over the distribution to a traditional IRA. You can avoid withholding by choosing the direct rollover option, discussed later.

Exceptions. The payer does not have to withhold from an eligible rollover distribution paid to you if either of the following conditions apply.

 

• The distribution and all previous eligible rollover distributions you received during your tax year from the same plan (or, at the payer's option, from all your employer's plans) total less than $200.

• The distribution consists solely of employer securities, plus cash of $200 or less in lieu of fractional shares.

 

CAUTION: The amount withheld is part of the distribution. If you roll over less than the full amount of the distribution, you may have to include in your income the amount you do not roll over. However, you can make up the amount withheld with funds from other sources.

Other withholding rules. The 20% withholding requirement does not apply to distributions that are not eligible rollover distributions. However, other withholding rules apply to these distributions. The rules that apply depend on whether the distribution is a periodic distribution or a nonperiodic distribution. For either of these types of distributions, you can still choose not to have tax withheld. For more information, see Pub. 575.

Direct rollover option. Your employer's qualified plan must give you the option to have any part of an eligible rollover distribution paid directly to a traditional IRA. The plan is not required to give you this option if your eligible rollover distributions are expected to total less than $200 for the year.

Withholding. If you choose the direct rollover option, no tax is withheld from any part of the designated distribution that is directly paid to the trustee of the traditional IRA.

If any part is paid to you, the payer must withhold 20% of that part's taxable amount.

Choosing an option. Table 1-5, next, may help you decide which distribution option to choose. Carefully compare the effects of each option.

Table 1-5. Comparison of Payment to You Versus Direct Rollover

 ----------------------------------------------------------------------

 

                 

Result of a payment to        Result of a

 

 Affected item   you                           direct rollover

 

 ----------------------------------------------------------------------

 

                 The payer must withhold       There is no

 

 withholding     20% of the taxable part.      withholding.

 

 ----------------------------------------------------------------------

 

                 If you are under age 59 1/2,

 

                 a 10% additional tax may      There is no 10%

 

 additional tax  apply to the taxable part     additional tax. See

 

                 (including an amount          

Early Distributions

 in

 

                 equal to the tax withheld)    

Pub. 590-B

.

 

                 that is not rolled over.

 

 ----------------------------------------------------------------------

 

                 Any taxable part              Any taxable part is not

 

                 (including the taxable part   income to you until

 

 when to report  of any amount withheld)       later distributed to you

 

 as income       not rolled over is income     from the IRA.

 

                 to you in the year paid.

 

 ----------------------------------------------------------------------

 

 

TIP: If you decide to roll over any part of a distribution, the direct rollover option will generally be to your advantage. This is because you will not have 20% withholding or be subject to the 10% additional tax under that option.

If you have a lump-sum distribution and do not plan to roll over any part of it, the distribution may be eligible for special tax treatment that could lower your tax for the distribution year. In that case, you may want to see Pub. 575 and Form 4972, Tax on Lump-Sum Distributions, and its instructions to determine whether your distribution qualifies for special tax treatment and, if so, to figure your tax under the special methods.

You can then compare any advantages from using Form 4972 to figure your tax on the lump-sum distribution with any advantages from rolling over all or part of the distribution. However, if you roll over any part of the lump-sum distribution, you cannot use the Form 4972 special tax treatment for any part of the distribution.

Contributions you made to your employer's plan. You can roll over a distribution of voluntary deductible employee contributions (DECs) you made to your employer's plan. Prior to January 1, 1987, employees could make and deduct these contributions to certain qualified employers' plans and government plans. These are not the same as an employee's elective contributions to a 401(k) plan, which are not deductible by the employee.

If you receive a distribution from your employer's qualified plan of any part of the balance of your DECs and the earnings from them, you can roll over any part of the distribution.

No waiting period between rollovers. The once-a-year limit on IRA-to-IRA rollovers does not apply to eligible rollover distributions from an employer plan. You can roll over more than one distribution from the same employer plan within a year.

IRA as a holding account (conduit IRA) for rollovers to other eligible plans. If you receive an eligible rollover distribution from your employer's plan, you can roll over part or all of it into one or more conduit IRAs. You can later roll over those assets into a new employer's plan. You can use a traditional IRA as a conduit IRA. You can roll over part or all of the conduit IRA to a qualified plan, even if you make regular contributions to it or add funds from sources other than your employer's plan. However, if you make regular contributions to the conduit IRA or add funds from other sources, the qualified plan into which you move funds will not be eligible for any optional tax treatment for which it might have otherwise qualified.

Property and cash received in a distribution. If you receive both property and cash in an eligible rollover distribution, you can roll over part or all of the property, part or all of the cash, or any combination of the two that you choose.

The same property (or sales proceeds) must be rolled over. If you receive property in an eligible rollover distribution from a qualified retirement plan, you cannot keep the property and contribute cash to a traditional IRA in place of the property. You must either roll over the property or sell it and roll over the proceeds, as explained next.

Sale of property received in a distribution from a qualified plan. Instead of rolling over a distribution of property other than cash, you can sell all or part of the property and roll over the amount you receive from the sale (the proceeds) into a traditional IRA. You cannot keep the property and substitute your own funds for property you received.

Example. You receive a total distribution from your employer's plan consisting of $10,000 cash and $15,000 worth of property. You decide to keep the property. You can roll over to a traditional IRA the $10,000 cash received, but you cannot roll over an additional $15,000 representing the value of the property you choose not to sell.

Treatment of gain or loss. If you sell the distributed property and roll over all the proceeds into a traditional IRA, no gain or loss is recognized. The sale proceeds (including any increase in value) are treated as part of the distribution and are not included in your gross income.

Example. On September 6, Mike received a lump-sum distribution from his employer's retirement plan of $50,000 in cash and $50,000 in stock. The stock was not stock of his employer. On September 24, he sold the stock for $60,000. On October 6, he rolled over $110,000 in cash ($50,000 from the original distribution and $60,000 from the sale of stock). Mike does not include the $10,000 gain from the sale of stock as part of his income because he rolled over the entire amount into a traditional IRA.

Note. Special rules may apply to distributions of employer securities. For more information, see Figuring the Taxable Amount under Taxation of Nonperiodic Payments in Pub. 575.

Partial rollover. If you received both cash and property, or just property, but did not roll over the entire distribution, see Rollovers in Pub. 575.

Life insurance contract. You cannot roll over a life insurance contract from a qualified plan into a traditional IRA.

Distributions received by a surviving spouse. If you receive an eligible rollover distribution (defined earlier) from your deceased spouse's eligible retirement plan (defined earlier), you can roll over part or all of it into a traditional IRA. You can also roll over all or any part of a distribution of deductible employee contributions (DECs).

Distributions under divorce or similar proceedings (alternate payees). If you are the spouse or former spouse of an employee and you receive a distribution from a qualified retirement plan as a result of divorce or similar proceedings, you may be able to roll over all or part of it into a traditional IRA. To qualify, the distribution must be:

 

• One that would have been an eligible rollover distribution (defined earlier) if it had been made to the employee, and

• Made under a qualified domestic relations order.

 

Qualified domestic relations order.

A domestic relations order is a judgment, decree, or order (including approval of a property settlement agreement) that is issued under the domestic relations law of a state. A "qualified domestic relations order" gives to an alternate payee (a spouse, former spouse, child, or dependent of a participant in a retirement plan) the right to receive all or part of the benefits that would be payable to a participant under the plan. The order requires certain specific information, and it cannot alter the amount or form of the benefits of the plan.

Tax treatment if all of an eligible distribution is not rolled over. Any part of an eligible rollover distribution that you keep is taxable in the year you receive it. If you do not roll over any of it, special rules for lump-sum distributions may apply. See Lump-Sum Distributions under Taxation of Nonperiodic Payments in Pub. 575. The 10% additional tax on early distributions, discussed later under What Acts Result in Penalties or Additional Taxes?, does not apply.

Keogh plans and rollovers. If you are self-employed, you are generally treated as an employee for rollover purposes. Consequently, if you receive an eligible rollover distribution from a Keogh plan (a qualified plan with at least one self-employed participant), you can roll over all or part of the distribution (including a lump-sum distribution) into a traditional IRA. For information on lump-sum distributions, see Lump-Sum Distributions under Taxation of Nonperiodic Payments in Pub. 575.

More information. For more information about Keogh plans, see chapter 4 of Pub. 560.

Distribution from a tax-sheltered annuity. If you receive an eligible rollover distribution from a tax-sheltered annuity plan (section 403(b) plan), you can roll it over into a traditional IRA.

Receipt of property other than money. If you receive property other than money, you can sell the property and roll over the proceeds as discussed earlier.

Rollover from bond purchase plan. If you redeem retirement bonds that were distributed to you under a qualified bond purchase plan, you can roll over tax free into a traditional IRA the part of the amount you receive that is more than your basis in the retirement bonds.

Reporting rollovers from employer plans. Enter the total distribution (before income tax or other deductions were withheld) on Form 1040A, line 12a; or Form 1040NR, line 17a. 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; Form 1040A, line 12b; or Form 1040NR, line 17b. Also, enter "Rollover" next to line 16b on Form 1040; line 12b of Form 1040A; or line 17b of Form 1040NR.

Rollover of Airline Payments

If you are a qualified airline employee (defined below) and you received any airline payment(s) (defined below), you may be able to exclude from income a portion of any payment(s) received that are rolled over to a traditional IRA. The maximum amount that can be rolled over to a traditional IRA is 90% of the total airline payment(s) received. The rollover to a traditional IRA must be done within 180 days of receipt of the airline payment. If the airline payment was made under the approval of an order of a federal bankruptcy court in a case filed on November 29, 2011, you can roll over the airline payment within the period beginning on December 18, 2014, and ending on June 15, 2016.

For 2015, report any airline payment(s) you received in income on Form 1040 or Form 1040NR. For example, if you received a Form W-2 with airline payment amounts reported in box 1, the full amount should be included on Form 1040, line 7, or Form 1040NR, line 8. Up to 90% of all airline payment(s) received may be excluded from income if rolled over to a traditional IRA. To exclude these airline payment rollover amounts for 2015, you must include the amount rolled over on Form 1040, line 21, or Form 1040NR, line 21, as a negative amount and write "airline payment" on the dotted line next to line 21.

Example. John, a qualified airline employee, received an airline payment in the amount of $1,000 on January 14, 2015. John rolled over $900 (90-percent) of the airline payment received to a traditional IRA on March 18, 2015 (within 180 days of receipt). John received a Form W-2 for 2015 with $1,000 reported in box 1 (amount of airline payment). The $1,000 airline payment received (Form W-2, box 1), is reported on Form 1040, line 7. The $900 rollover is reported as a negative amount on Form 1040, line 21. John must also write "airline payment" on the dotted line next to line 21.

Amending a return. If you are excluding airline payments from gross income for an earlier year, you will need to file Form 1040X, Amended U.S. Individual Income Tax Return, for the tax year(s) in which the airline payments were received and included in your gross income. You generally must file your amended return by the later of 3 years after the date you filed your original return or within 2 years after the date you paid the tax.

For more details on filing Form 1040X to exclude airline payments from gross income, go to http://www.irs.gov/form1040x.

Qualified airline employee. A current or former employee of a commercial airline carrier who was a participant in a qualified defined benefit plan maintained by the carrier which was terminated, became subject to restrictions under Section 402(b) of the Pension Protection Act of 2006, or was frozen effective November 1, 2012. These provisions also apply to surviving spouses of qualified airline employees but do not apply to covered executives or to surviving spouses of covered executives.

Covered executives. A current or former principal executive officer (PEO) or one of the three highest compensated officers (other than the PEO and principal financial officer (PFO)). The term covered executives generally does not include the PFO.

Airline payment. An airline payment is any payment of money or other property that is paid to a qualified airline employee from a commercial airline carrier. The payment also must be made both:

 

• Under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, or filed on November 29, 2011, and

• In respect of the qualified airline employee's interest in a bankruptcy claim against the airline carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount.

 

Any reduction in the airline payment amount on account of employment taxes shall be disregarded when figuring the amount you can roll over to your traditional IRA. Also, an airline payment shall not include any amount payable on the basis of the airline carrier's future earnings or profits.

Rollover of Exxon Valdez Settlement Income

If you are a qualified taxpayer (defined next) and you received qualified settlement income (defined below), you can contribute all or part of the amount received to an eligible retirement plan which includes a traditional IRA. The amount contributed cannot exceed $100,000 (reduced by the amount of qualified settlement income contributed to an eligible retirement plan in prior tax years) or the amount of qualified settlement income received during the tax year. Contributions for the year can be made until the due date for filing your return, not including extensions.

Qualified settlement income that you contribute to a traditional IRA will be treated as having been rolled over in a direct trustee-to-trustee transfer within 60 days of the distribution. The amount contributed is not included in your income at the time of the contributions and is not considered to be investment in the contract. Also, the 1-year waiting period between rollovers does not apply.

Qualified taxpayer. You are a qualified taxpayer if you are:

 

• A plaintiff in the civil action

In re Exxon Valdez,

No. 89-095-CV (HRH) (Consolidated) (D.Alaska), or

• The beneficiary of the estate of a plaintiff who acquired the right to receive qualified settlement income and who is the spouse or immediate relative of that plaintiff.

 

Qualified settlement income.

Qualified settlement income is any interest and punitive damage awards which are:

 

• Otherwise includible in income, and

• Received in connection with the civil action In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D.Alaska) (whether pre- or post-judgment and whether related to a settlement or judgment).

 

Qualified settlement income can be received as periodic payments or as a lump sum. See

Miscellaneous Income

in

Pub. 525

, Taxable and Nontaxable Income, for information on how to report qualified settlement income.

Transfers Incident To Divorce

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 information about transfers of interests in employer plans, see Distributions under divorce or similar proceedings (alternate payees) under Rollover From Employer's Plan Into an IRA, earlier.

Transfer methods. There are two commonly used methods of transferring IRA assets to a spouse or former spouse. The methods are:

 

• Changing the name on the IRA, and

• Making a direct transfer of IRA assets.

 

Changing the name on the IRA.

If all the assets are to be transferred, you can make the transfer by changing the name on the IRA from your name to the name of your spouse or former spouse.

Direct transfer. Under this method, you direct the trustee of the traditional IRA to transfer the affected assets directly to the trustee of a new or existing traditional IRA set up in the name of your spouse or former spouse.

If your spouse or former spouse is allowed to keep his or her portion of the IRA assets in your existing IRA, you can direct the trustee to transfer the assets you are permitted to keep directly to a new or existing traditional IRA set up in your name. The name on the IRA containing your spouse's or former spouse's portion of the assets would then be changed to show his or her ownership.

CAUTION: If the transfer results in a change in the basis of the traditional IRA of either spouse, both spouses must file Form 8606 and follow the directions in the instructions for that form.

Converting From Any Traditional IRA Into a Roth IRA

Allowable conversions. 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 distribution from your traditional IRA may be included in gross income and subjected to ordinary income tax.

You must roll over into the Roth IRA the same property you received from the traditional IRA. You can roll over part of the withdrawal into a Roth IRA 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) and may be subject to the 10% additional tax on early distributions. See When Can You Withdraw or Use Assets?, later, for more information on distributions from traditional IRAs and Early Distributions in Pub. 590-B for more information on the tax on early distributions.

Periodic distributions. If you started taking substantially equal periodic payments from a traditional IRA, you can convert the amounts in the traditional IRA to a Roth IRA and then continue the periodic payments. The 10% additional tax on early distributions will not apply even if the distributions are not qualified distributions (as long as they are part of a series of substantially equal periodic payments).

Required distributions. 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 70 1/2) under the required distribution rules (discussed in Pub. 590-B).

Income. 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.

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 under Are Distributions Taxable in Pub. 590-B.

CAUTION: If you must include any amount in your gross income, you may have to increase your withholding or make estimated tax payments. See Pub. 505, Tax Withholding and Estimated Tax.

Recharacterizations

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.

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 tax 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.

 

• Include in the transfer any net income allocable to the contribution. If there was a loss, the net income you must transfer may be a negative amount.

• Report the recharacterization on your tax return for the year during which the contribution was made.

• Treat the contribution as having been made to the second IRA on the date that it was actually made to the first IRA.

 

No deduction allowed.

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. The contribution will not be treated as having been made to the second IRA to the extent any deduction was allowed for the contribution to the first IRA.

Conversion by rollover from traditional to Roth IRA. You receive a distribution from a traditional IRA in one tax year. You then roll it over into a Roth IRA within 60 days of the distribution from the traditional IRA but in the next year. For recharacterization purposes, you would treat this transaction as a contribution to the Roth IRA in the year of the distribution from the traditional IRA.

Effect of previous tax-free transfers. If an amount has been moved from one IRA to another in a tax-free transfer, such as a rollover, you generally cannot recharacterize the amount that was transferred. However, see Traditional IRA mistakenly moved to SIMPLE IRA below.

Recharacterizing to a SEP IRA or SIMPLE IRA. Roth IRA conversion contributions from a SEP IRA or SIMPLE IRA can be recharacterized to a SEP IRA or SIMPLE IRA (including the original SEP IRA or SIMPLE IRA).

Traditional IRA mistakenly moved to SIMPLE IRA. If you mistakenly roll over or transfer an amount from a traditional IRA to a SIMPLE IRA, you can later recharacterize the amount as a contribution to another traditional IRA.

Recharacterizing excess contributions. You can recharacterize only actual contributions. If you are applying excess contributions for prior years as current contributions, you can recharacterize them only if the recharacterization would still be timely with respect to the tax year for which the applied contributions were actually made.

Example. You contributed more than you were entitled to in 2015. You cannot recharacterize the excess contributions you made in 2015 after April 18, 2016, because contributions after that date are no longer timely for 2015.

Recharacterizing employer contributions. You cannot recharacterize employer contributions (including elective deferrals) under a SEP or SIMPLE plan as contributions to another IRA. SEPs are discussed in chapter 2 of Pub. 560. SIMPLE plans are discussed in chapter 3 of Pub. 560.

Recharacterization not counted as rollover. The recharacterization of a contribution is not treated as a rollover for purposes of the 1-year waiting period described earlier in this chapter under Rollover From One IRA Into Another. This is true even if the contribution would have been treated as a rollover contribution by the second IRA if it had been made directly to the second IRA rather than as a result of a recharacterization of a contribution to the first IRA.

Reconversions

You cannot convert and reconvert an amount during the same tax year or, if later, during the 30-day period following a recharacterization. If you reconvert during either of these periods, it will be a failed conversion.

Example 1 -- The same tax year. On June 2, 2015, Darron converts an amount from his traditional IRA to a Roth IRA. In October 1, 2015, he decides to transfer back (recharacterize) that amount from the Roth IRA to a traditional IRA. He will not be able to move (reconvert) that amount from the traditional IRA to a Roth IRA until January 1, 2016.

Example 2 -- The 30-day period from recharacterizations. Same facts as in Example 1 above except Darron transfers back that amount from the Roth IRA to a traditional IRA in March 2, 2016 for tax year 2015. See Designating year for which contribution is made for more background information about this transaction. He will not be able to move (reconvert) that amount from the traditional IRA to a Roth IRA until April 1, 2016.

How Do You Recharacterize a Contribution?

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.

 

• The type and amount of the contribution to the first IRA that is to be recharacterized.

• The date on which the contribution was made to the first IRA and the year for which it was made.

• A direction to the trustee of the first IRA to transfer in a trustee-to-trustee transfer the amount of the contribution and any net income (or loss) allocable to the contribution to the trustee of the second IRA.

• The name of the trustee of the first IRA and the name of the trustee of the second IRA.

• Any additional information needed to make the transfer.

 

In most cases, the net income you must transfer is determined by your IRA trustee or custodian. If you need to determine the applicable net income on IRA contributions made after 2015 that are recharacterized, use Worksheet 1-3 above. See Regulations section

for more information.

Worksheet 1-3. Determining the Amount of Net Income Due To an IRA Contribution and Total Amount To Be Recharacterized

 Keep for Your Records

 

 ----------------------------------------------------------------------

 

 

1.

 Enter the amount of your IRA contribution for 2016 to be

 

    recharacterized                                          

1.

 ______

 

 

2.

 Enter the fair market value of the IRA immediately prior

 

    to the recharacterization (include any distributions,

 

    transfers, or recharacterization made while the

 

    contribution was in the account)                          

2.

 ______

 

 

3.

 Enter the fair market value of the IRA immediately prior

 

    to the time the contribution being recharacterized was

 

    made, including the amount of such contribution and any

 

    other contributions, transfers, or recharacterizations

 

    made while the contribution was in the account            

3.

 ______

 

 

4.

 Subtract line 3 from line 2                              

4.

 ______

 

 

5.

 Divide line 4 by line 3. Enter the result as a decimal

 

    (rounded to at least three places)                        

5.

 ______

 

 

6.

 Multiply line 1 by line 5. This is the net income

 

    attributable to the contribution to be recharacterized    

6.

 ______

 

 

7.

 Add lines 1 and 6. This is the amount of the IRA

 

    contribution plus the net income attributable to it to

 

    be recharacterized                                        

7.

 ______

 

 ----------------------------------------------------------------------

 

 

Example.

On April 1, 2016, when her Roth IRA is worth $80,000, Allison makes a $160,000 conversion contribution to the Roth IRA. Subsequently, Allison requests that the $160,000 be recharacterized to a traditional IRA. Pursuant to this request, on April 1, 2017, when the IRA is worth $225,000, the Roth IRA trustee transfers to a traditional IRA the $160,000 plus allocable net income. No other contributions have been made to the Roth IRA and no distributions have been made.

The adjusted opening balance is $240,000 ($80,000 + $160,000) and the adjusted closing balance is $225,000. Thus the net income allocable to the $160,000 is ($10,000). See lines 1 through 6 of Worksheet 1-3. Example--Illustrated, later, for the calculation. Therefore, in order to recharacterize the April 1, 2016, $160,000 conversion contribution on April 1, 2017, the Roth IRA trustee must transfer from Allison's Roth IRA to her traditional IRA $150,000 ($160,000 - $10,000). This is shown on line 7 of Worksheet 1-3. Example--Illustrated, later.

Worksheet 1-3. Example--Illustrated

 Keep for Your Records

 

 ----------------------------------------------------------------------

 

 

1.

 Enter the amount of your IRA contribution for 2016 to

 

    be recharacterized                                      

1.

 

 160,000

 

 

2.

 Enter the fair market value of the IRA immediately

 

    prior to the recharacterization (include any

 

    distributions, transfers, or recharacterization made

 

    while the contribution was in the account)              

2.

 

 225,000

 

 

3.

 Enter the fair market value of the IRA immediately

 

    prior to the time the contribution being

 

    recharacterized was made, including the amount of such

 

    contribution and any other contributions, transfers,

 

    or recharacterizations made while the contribution was

 

    in the account                                          

3.

 

 240,000

 

 

4.

 Subtract line 3 from line 2                            

4.

 

(15,000)

 

 

5.

 Divide line 4 by line 3. Enter the result as a decimal

 

    (rounded to at least three places)                      

5.

 

 (.0625)

 

 

6.

 Multiply line 1 by line 5. This is the net income

 

    attributable to the contribution to be recharacterized  

6.

 

(10,000)

 

 

7.

 Add lines 1 and 6. This is the amount of the IRA

 

    contribution plus the net income attributable to it to

 

    be recharacterized                                      

7.

 

 150,000

 

 ----------------------------------------------------------------------

 

 

Timing.

The election to recharacterize and the transfer must both take place on or before the due date (including extensions) for filing your tax return for the tax year for which the contribution was made to the first IRA.

Extension. Ordinarily you must choose to recharacterize a contribution by the due date of the return or the due date plus extensions. However, if you miss this deadline, you can still recharacterize a contribution if:

 

• Your return was timely filed for the year the choice should have been made, and

• You take appropriate corrective action within 6 months from the due date of your return excluding extensions. For returns due April 18, 2016, this period ends on October 15, 2016. When the date for doing any act for tax purposes falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day.

 

Appropriate corrective action consists of:

 

• Notifying the trustee(s) of your intent to recharacterize,

• Providing the trustee with all necessary information, and

• Having the trustee transfer the contribution.

 

Once this is done, you must amend your return to show the recharacterization. You have until the regular due date for amending a return to do this. Report the recharacterization on the amended return and write "Filed pursuant to section

" on the return. File the amended return at the same address you filed the original return.

Decedent. The election to recharacterize can be made on behalf of a deceased IRA owner by the executor, administrator, or other person responsible for filing the decedent's final income tax return.

Election cannot be changed. After the transfer has taken place, you cannot change your election to recharacterize.

Same trustee. Recharacterizations made with the same trustee can be made by redesignating the first IRA as the second IRA, rather than transferring the account balance.

Reporting a Recharacterization

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.

Example. On June 1, 2015, Christine properly and timely converted her traditional IRA to a Roth IRA. In December, Christine decided to recharacterize the conversion and move the funds to a traditional IRA. In January 2016, to make the necessary adjustment to remove the conversion, Christine opened a traditional IRA with the same trustee. Also in January 2016, she instructed the trustee of the Roth IRA to make a trustee-to-trustee transfer of the conversion contribution made to the Roth IRA (including net income allocable to it since the conversion) to the new traditional IRA. She also notified the trustee that she was electing to recharacterize the contribution to the Roth IRA and treat it as if it had been contributed to the new traditional IRA. Because of the recharacterization, Christine has no taxable income from the conversion to report for 2015, and the resulting rollover to a traditional IRA is not treated as a rollover for purposes of the one-rollover-per-year rule.

More than one IRA. If you have more than one IRA, figure the amount to be recharacterized only on the account from which you withdraw the contribution.

When Can You Withdraw or Use Assets?

You can withdraw or use your traditional IRA assets at any time. However, a 10% additional tax generally applies if you withdraw or use IRA assets before you are age 59 1/2. This is explained under Age 59 1/2 Rule under Early Distributions in Pub. 590-B.

You generally can make a tax-free withdrawal of contributions if you do it before the due date for filing your tax return for the year in which you made them. This means that, even if you are under age 59 1/2, the 10% additional tax may not apply. These withdrawals are explained later.

Contributions Returned Before Due Date of Return

If you made IRA contributions in 2015, 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.

 

• You did not take a deduction for the contribution.

• You withdraw any interest or other income earned on the contribution. 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 earned on the contribution may be a negative amount.

 

Note.

If you timely filed your 2015 tax return without withdrawing a contribution that you made in 2015, you can still have the contribution returned to you within 6 months of the due date of your 2015 tax return, excluding extensions. If you do, file an amended return with "Filed pursuant to section

" written at the top. Report any related earnings on the amended return and include an explanation of the withdrawal. Make any other necessary changes on the amended return (for example, if you reported the contributions as excess contributions on your original return, include an amended Form 5329 reflecting that the withdrawn contributions are no longer treated as having been contributed).

In most cases, the net income you must withdraw is determined by the IRA trustee or custodian. If you need to determine the applicable net income on IRA contributions made after 2015 that are returned to you, use Worksheet 1-4 later. See Regulations section  Keep for Your Records

 

 ----------------------------------------------------------------------

 

 

1.

 Enter the amount of your IRA contribution for 2016 to be

 

    returned to you                                          

1.

 ______

 

 

2.

 Enter the fair market value of the IRA immediately prior

 

    to the removal of the contribution, plus the amount of

 

    any distributions, transfers, and recharacterizations

 

    made while the contribution was in the IRA                

2.

 ______

 

 

3.

 Enter the fair market value of the IRA immediately

 

    before the contribution was made, plus the amount of

 

    such contribution and any other contributions,

 

    transfers, and recharacterizations made while the

 

    contribution was in the IRA                              

3.

 ______

 

 

4.

 Subtract line 3 from line 2                              

4.

 ______

 

 

5.

 Divide line 4 by line 3. Enter the result as a decimal

 

    (rounded to at least three places)                        

5.

 ______

 

 

6.

 Multiply line 1 by line 5. This is the net income

 

    attributable to the contribution to be returned          

6.

 ______

 

 

7.

 Add lines 1 and 6. This is the amount of the IRA

 

    contribution plus the net income attributable to it to

 

    be returned to you                                        

7.

 ______

 

 ----------------------------------------------------------------------

 

 

Example.

On May 2, 2016, when her IRA is worth $4,800, Cathy makes a $1,600 regular contribution to her IRA. Cathy requests that $400 of the May 2, 2016 contribution be returned to her. On February 2, 2017, when the IRA is worth $7,600, the IRA trustee distributes to Cathy the $400 plus net income attributable to the contribution. No other contributions have been made to the IRA for 2016 and no distributions have been made.

The adjusted opening balance is $6,400 ($4,800 + $1,600) and the adjusted closing balance is $7,600. The net income due to the May 2, 2016, contribution is $75 ($400 x ($7,600 - $6,400) ÷ $6,400). Therefore, the total to be distributed on February 2, 2017, is $475. This is shown on Worksheet 1-4. Example--Illustrated, later.

Last-in first-out rule. If you made more than one regular contribution for the year, your last contribution is considered to be the one that is returned to you first.

Earnings Includible in Income

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 the year in which you withdraw them.

CAUTION: 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.

Early Distributions Tax

The 10% additional tax on distributions made before you reach age 59 1/2 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 59 1/2 rule, it will be subject to this tax. See Early Distributions under What Acts Result in Penalties or Additional Taxes?, in Pub. 590-B.

Excess Contributions Tax

If any part of these contributions is an excess contribution for 2014, it is subject to a 6% excise tax. You will not have to pay the 6% tax if any 2014 excess contribution was withdrawn by April 15, 2015 (plus extensions), and if any 2015 excess contribution is withdrawn by April 18, 2016 (plus extensions). See Excess Contributions under What Acts Result in Penalties or Additional Taxes?, later.

TIP: 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. See Recharacterizations, earlier, for more information.

What Acts Result in Penalties or Additional Taxes?

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.

 

• Investing in collectibles.

• Making excess contributions.

• Taking early distributions. See Pub. 590-B.

• Allowing excess amounts to accumulate (failing to take required distributions). See Pub. 590-B.

 

There are penalties for overstating the amount of nondeductible contributions and for failure to file Form 8606, if required.

This chapter discusses those acts that you should avoid and the additional taxes and other costs, including loss of IRA status, that apply if you do not avoid those acts.

Prohibited Transactions

Generally, a prohibited transaction is any improper use of your traditional IRA account or annuity by you, your beneficiary, or any disqualified person.

Disqualified persons include your fiduciary and members of your family (spouse, ancestor, lineal descendant, and any spouse of a lineal descendant).

The following are some examples of prohibited transactions with a traditional IRA.

 

• Borrowing money from it.

• Selling property to it.

• Using it as security for a loan.

• Buying property for personal use (present or future) with IRA funds.

 

CAUTION: If your IRA is invested in nonpublicly traded assets or assets that you directly control, the risk of engaging in a prohibited transaction in connection with your account may be increased.

Fiduciary. For these purposes, a fiduciary includes anyone who does any of the following.

 

• Exercises any discretionary authority or discretionary control in managing your IRA or exercises any authority or control in managing or disposing of its assets.

• Provides investment advice to your IRA for a fee, or has any authority or responsibility to do so.

• Has any discretionary authority or discretionary responsibility in administering your IRA.

 

Effect on an IRA account.

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.

Effect on you or your beneficiary. 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 in Pub. 590-B. The distribution may be subject to additional taxes or penalties.

Worksheet 1-4. Example--Illustrated

 Keep for Your Records

 

 ----------------------------------------------------------------------

 

 

1.

 Enter the amount of your IRA contribution for 2016 to

 

    be returned to you                                        

1.

 

   400

 

 

2.

 Enter the fair market value of the IRA immediately prior

 

    to the removal of the contribution, plus the amount of

 

    any distributions, transfers, and recharacterizations

 

    made while the contribution was in the IRA                

2.

 

 7,600

 

 

3.

 Enter the fair market value of the IRA immediately

 

    before the contribution was made, plus the amount of

 

    such contribution and any other contributions,

 

    transfers, and recharacterizations made while the

 

    contribution was in the IRA                              

3.

 

 6,400

 

 

4.

 Subtract line 3 from line 2                              

4.

 

 1,200

 

 

5.

 Divide line 4 by line 3. Enter the result as a decimal

 

    (rounded to at least three places)                        

5.

 

 .1875

 

 

6.

 Multiply line 1 by line 5. This is the net income

 

    attributable to the contribution to be returned          

6.

 

    75

 

 

7.

 Add lines 1 and 6. This is the amount of the IRA

 

    contribution plus the net income attributable to it to

 

    be returned to you                                        

7.

 

   475

 

 ----------------------------------------------------------------------

 

 

Borrowing on an annuity contract.

If you borrow money against your traditional IRA annuity contract, you must include in your gross income the fair market value of the annuity contract as of the first day of your tax year. You may have to pay the 10% additional tax on early distributions discussed in

Pub. 590-B

.

Pledging an account as security. If you use a part of your traditional IRA account as security for a loan, that part is treated as a distribution and is included in your gross income. You may have to pay the 10% additional tax on early distributions discussed in Pub. 590-B.

Trust account set up by an employer or an employee association. Your account or annuity does not lose its IRA treatment if your employer or the employee association with whom you have your traditional IRA engages in a prohibited transaction.

Owner participation. If you participate in the prohibited transaction with your employer or the association, your account is no longer treated as an IRA.

Taxes on prohibited transactions. 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.

Loss of IRA status. If the traditional IRA ceases to be an IRA because of a prohibited transaction by you or your beneficiary, you or your beneficiary are not liable for these excise taxes. However, you or your beneficiary may have to pay other taxes as discussed under Effect on you or your beneficiary, earlier.

Exempt Transactions

The following two types of transactions are not prohibited transactions if they meet the requirements that follow.

 

• Payments of cash, property, or other consideration by the sponsor of your traditional IRA to you (or members of your family).

• Your receipt of services at reduced or no cost from the bank where your traditional IRA is established or maintained.

 

Payments of cash, property, or other consideration.

Even if a sponsor makes payments to you or your family, there is no prohibited transaction if all three of the following requirements are met.

 

1. The payments are for establishing a traditional IRA or for making additional contributions to it.

2. The IRA is established solely to benefit you, your spouse, and your or your spouse's beneficiaries.

3. During the year, the total fair market value of the payments you receive is not more than:

 

a. $10 for IRA deposits of less than $5,000, or

b. $20 for IRA deposits of $5,000 or more.

If the consideration is group term life insurance, requirements (1) and (3) do not apply if no more than $5,000 of the face value of the insurance is based on a dollar-for-dollar basis on the assets in your IRA.

Services received at reduced or no cost. Even if a sponsor provides services at reduced or no cost, there is no prohibited transaction if all of the following requirements are met.

 

• The traditional IRA qualifying you to receive the services is established and maintained for the benefit of you, your spouse, and your or your spouse's beneficiaries.

• The bank itself can legally offer the services.

• The services are provided in the ordinary course of business by the bank (or a bank affiliate) to customers who qualify but do not maintain an IRA (or a Keogh plan).

• The determination, for a traditional IRA, of who qualifies for these services is based on an IRA (or a Keogh plan) deposit balance equal to the lowest qualifying balance for any other type of account.

• The rate of return on a traditional IRA investment that qualifies is not less than the return on an identical investment that could have been made at the same time at the same branch of the bank by a customer who is not eligible for (or does not receive) these services.

 

Investment in Collectibles

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 in Pub. 590-B.

Any amounts that were considered to be distributed when the investment in the collectible was made, and which were included in your income at that time, are not included in your income when the collectible is actually distributed from your IRA.

Collectibles. These include:

 

• Artworks,

• Rugs,

• Antiques,

• Metals,

• Gems,

• Stamps,

• Coins,

• Alcoholic beverages, and

• Certain other tangible personal property.

 

Exception.

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.

Excess Contributions

Generally, an excess contribution is the amount contributed to your traditional IRAs for the year that is more than the smaller of:

 

• $5,500 ($6,500 if you are age 50 or older), or

• Your taxable compensation for the year.

 

The taxable compensation limit applies whether your contributions are deductible or nondeductible.

Contributions for the year you reach age 70 1/2 and any later year are also excess contributions.

An excess contribution could be the result of your contribution, your spouse's contribution, your employer's contribution, or an improper rollover contribution. If your employer makes contributions on your behalf to a SEP IRA, see chapter 2 of Pub. 560.

Tax on Excess Contributions

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.

The additional tax is figured on Form 5329. For information on filing Form 5329, see Reporting Additional Taxes, later.

Example. For 2015, Paul Jones is 45 years old and single, his compensation is $31,000, and he contributed $6,000 to his traditional IRA. Paul has made an excess contribution to his IRA of $500 ($6,000 minus the $5,500 limit). The contribution earned $5 interest in 2015 and $6 interest in 2016 before the due date of the return, including extensions. He does not withdraw the $500 or the interest it earned by the due date of his return, including extensions.

Paul figures his additional tax for 2015 by multiplying the excess contribution ($500) shown on Form 5329, line 16, by .06, giving him an additional tax liability of $30. He enters the tax on Form 5329, line 17, and on Form 1040, line 59. See Paul's filled-in Form 5329, later.

Excess Contributions Withdrawn by Due Date of Return

You will not have to pay the 6% tax if you withdraw an excess contribution made during a tax year and you also withdraw any 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.

How to treat withdrawn contributions. 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 of the following conditions are met.

 

• No deduction was allowed for the excess contribution.

• You withdraw the interest or other income earned on the excess contribution.

 

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.

In most cases, the net income you must transfer will be determined by your IRA trustee or custodian. If you need to determine the applicable net income you need to withdraw, you can use the same method that was used in Worksheet 1-3, earlier.

If you timely filed your 2015 tax return without withdrawing a contribution that you made in 2015, you can still have the contribution returned to you within 6 months of the due date of your 2015 tax return, excluding extensions. If you do, file an amended return with "Filed pursuant to section

How to treat withdrawn interest or other income. 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 in Pub. 590-B.

Form 1099-R. You will receive Form 1099-R indicating the amount of the withdrawal. If the excess contribution was made in a previous tax year, the form will indicate the year in which the earnings are taxable.

Example. Maria, age 35, made an excess contribution in 2015 of $1,000, which she withdrew by April 18, 2016, the due date of her return. At the same time, she also withdrew the $50 income that was earned on the $1,000. She must include the $50 in her gross income for 2015 (the year in which the excess contribution was made). She must also pay an additional tax of $5 (the 10% additional tax on early distributions because she is not yet 59 1/2 years old), but she does not have to report the excess contribution as income or pay the 6% excise tax. Maria receives a Form 1099-R showing that the earnings are taxable for 2015.

 

[The following graphic has not been reproduced:

 

2015 Jones' Example Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts]

 

 

Excess Contributions Withdrawn After Due Date of Return

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.

 

• Total contributions (other than rollover contributions) for 2015 to your IRA were not more than $5,500 ($6,500 if you are age 50 or older).

• You did not take a deduction for the excess contribution being withdrawn.

 

The withdrawal can take place at any time, even after the due date, including extensions, for filing your tax return for the year.

Excess contribution deducted in an earlier year. 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, Amended U.S. Individual Income Tax Return, 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.

 ---------------------------------------------------------

 

                                       

Contribution limit

 

                                        if age 50 or older

 

                                        at the end of the

 

 Year(s)            Contribution Limit  year

 

 ---------------------------------------------------------

 

 2013 or 2014             $5,500              $6,500

 

 ---------------------------------------------------------

 

 2008 through 2012        $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                --

 

 ---------------------------------------------------------

 

 

Excess due to incorrect rollover information.

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.

Deducting an Excess Contribution in a Later Year

You cannot apply an excess contribution to an earlier year even if you contributed less than the maximum amount allowable for the earlier year. However, you may be able to apply it to a later year if the contributions for that later year are less than the maximum allowed for that year.

You can deduct excess contributions for previous years that are still in your traditional IRA. The amount you can deduct this year is the lesser of the following two amounts.

 

• Your maximum IRA deduction for this year minus any amounts contributed to your traditional IRAs for this year.

• The total excess contributions in your IRAs at the beginning of this year.

 

This method lets you avoid making a withdrawal. It does not, however, let you avoid the 6% tax on any excess contributions remaining at the end of a tax year.

To figure the amount of excess contributions for previous years that you can deduct this year, see Worksheet 1-6 next.

Worksheet 1-6. Excess Contributions Deductible This Year

 Use this worksheet to figure the amount of excess

 

 contributions from prior years you can deduct this year.

 

 -----------------------------------------------------------

 

 

1.

 Maximum IRA deduction for the current

 

    year                                          

1.

 ______

 

 

2.

 IRA contributions for the current

 

    year                                          

2.

 ______

 

 

3.

 Subtract line 2 from line 1. If zero (0) or

 

    less, enter zero                              

3.

 ______

 

 

4.

 Excess contributions in IRA at beginning of

 

    year                                          

4.

 ______

 

 

5.

 Enter the lesser of line 3 or line 4. This is

 

    the amount of excess contributions for

 

    previous years that you can deduct this

 

    year                                          

5.

 ______

 

 -----------------------------------------------------------

 

 

Example.

Teri was entitled to contribute to her traditional IRA and deduct $1,000 in 2014 and $1,500 in 2015 (the amounts of her taxable compensation for these years). For 2014, she actually contributed $1,400 but could deduct only $1,000. In 2014, $400 is an excess contribution subject to the 6% tax. However, she would not have to pay the 6% tax if she withdrew the excess (including any earnings) before the due date of her 2014 return. Because Teri did not withdraw the excess, she owes excise tax of $24 for 2014. To avoid the excise tax for 2015, she can correct the $400 excess amount from 2014 in 2015 if her actual contributions are only $1,100 for 2015 (the allowable deductible contribution of $1,500 minus the $400 excess from 2014 she wants to treat as a deductible contribution in 2015). Teri can deduct $1,500 in 2015 (the $1,100 actually contributed plus the $400 excess contribution from 2014). This is shown on Worksheet 1-6. Example--Illustrated next.

Worksheet 1-6. Example--Illustrated

 Use this worksheet to figure the amount of excess

 

 contributions from prior years you can deduct this year.

 

 -------------------------------------------------------------

 

 

1.

 Maximum IRA deduction for the current

 

    year                                            

1.

 

  1,500

 

 

2.

 IRA contributions for the current

 

    year                                            

2.

 

  1,100

 

 

3.

 Subtract line 2 from line 1. If zero (0) or

 

    less, enter zero                                

3.

 

    400

 

 

4.

 Excess contributions in IRA at beginning of

 

    year                                            

4.

 

    400

 

 

5.

 Enter the lesser of line 3 or line 4. This is

 

    the amount of excess contributions for

 

    previous years that you can deduct this

 

    year                                            

5.

 

    400

 

 -------------------------------------------------------------

 

 

Closed tax year.

A special rule applies if you incorrectly deducted part of the excess contribution in a closed tax year (one for which the period to assess a tax deficiency has expired). The amount allowable as a traditional IRA deduction for a later correction year (the year you contribute less than the allowable amount) must be reduced by the amount of the excess contribution deducted in the closed year.

To figure the amount of excess contributions for previous years that you can deduct this year if you incorrectly deducted part of the excess contribution in a closed tax year, see Worksheet 1-7 next.

Worksheet 1-7. Excess Contributions Deductible This Year if Any Were Deducted in a Closed Tax Year

 Use this worksheet to figure the amount of excess

 

 contributions for prior years that you can deduct this year

 

 if you incorrectly deducted excess contributions in a

 

 closed tax year.

 

 ------------------------------------------------------------

 

 

1.

 Maximum IRA deduction for the current

 

    year                                            

1.

 ______

 

 

2.

 IRA contributions for the current

 

    year                                            

2.

 ______

 

 

3.

 If line 2 is less than line 1, enter any

 

     excess contributions that were deducted in a

 

     closed tax year. Otherwise, enter zero

 

     (0)                                            

3.

 ______

 

 

4.

 Subtract line 3 from line 1                    

4.

 ______

 

 

5.

 Subtract line 2 from line 4. If zero (0) or

 

    less, enter zero                                

5.

 ______

 

 

6.

 Excess contributions in IRA at beginning of

 

    year                                            

6.

 ______

 

 

7.

 Enter the lesser of line 5 or line 6. This is

 

    the amount of excess contributions for

 

    previous years that you can deduct this

 

    year                                            

7.

 ______

 

 ------------------------------------------------------------

 

 

 

Reporting Additional Taxes

 

 

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 1040EZ, or Form 1040NR-EZ.

Filing a tax return. If you must file an individual income tax return, complete Form 1040 or Form 1040NR. Enter the total additional taxes due on Form 1040, line 59, or on Form 1040NR, line 57.

Not filing a tax return. If you do not have to file a 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 Form 1040 or Form 1040NR. 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. Write your social security number and "2015 Form 5329" on your check or money order.

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

 

• Distribution code 1 (early distribution) is correctly shown in box 7 of Form 1099-R. If you do not owe any other additional tax on a distribution, multiply the taxable part of the early distribution by 10% and enter the result on Form 1040, line 59, or on Form 1040NR, line 57. Put "No" to the left of the line to indicate that you do not have to file Form 5329. However, if you owe this tax and also owe any other additional tax on a distribution, do not enter this 10% additional tax directly on your Form 1040 or Form 1040NR. You must file Form 5329 to report your additional taxes.

• If you rolled over part or all of a distribution from a qualified retirement plan, the part rolled over is not subject to the tax on early distributions.

 

2. Roth IRAs

Reminders

Deemed IRAs. For plan years beginning after 2002, a qualified employer plan (retirement plan) can maintain a separate account or annuity under the plan (a deemed IRA) to receive voluntary employee contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will be subject only to IRA rules. An employee's account can be treated as a traditional IRA or a Roth IRA.

For this purpose, a "qualified employer plan" includes:

 

• A qualified pension, profit-sharing, or stock bonus plan (section

401(a)

plan),

• A qualified employee annuity plan (section 403(a) plan),

• A tax-sheltered annuity plan (section 403(b) plan), and

• A deferred compensation plan (section 457 plan) maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state.

 

Designated Roth accounts.

Designated Roth accounts are separate accounts under 401(k), 403(b), or 457(b) plans that accept elective deferrals that are referred to as Roth contributions. These elective deferrals are included in your income, but qualified distributions from these accounts are not included in your income. Designated Roth accounts are not IRAs and should not be confused with Roth IRAs. Contributions, up to their respective limits, can be made to Roth IRAs and designated Roth accounts according to your eligibility to participate. A contribution to one does not impact your eligibility to contribute to the other. See

Pub. 575

, for more information on designated Roth accounts.

Introduction

Regardless of your age, you may be able to establish and make nondeductible contributions to an individual retirement plan called a Roth IRA.

Contributions not reported. You do not report Roth IRA contributions on your return.

What Is a Roth IRA?

A Roth IRA is an individual retirement plan that, except as explained in this chapter, is subject to the rules that apply to a traditional IRA (defined next). It can be either an account or an annuity. Individual retirement accounts and annuities are described in chapter 1 under How Can a Traditional IRA Be Opened?

To be a Roth IRA, the account or annuity must be designated as a Roth IRA when it is opened. A deemed IRA can be a Roth IRA, but neither a SEP IRA nor a SIMPLE IRA can be designated as a Roth IRA.

Unlike a traditional IRA, you cannot deduct contributions to a Roth IRA. But, if you satisfy the requirements, qualified distributions (discussed in chapter 2 of Pub. 590-B) are tax free. Contributions can be made to your Roth IRA after you reach age 70 1/2 and you can leave amounts in your Roth IRA as long as you live.

Traditional IRA. A traditional IRA is any IRA that is not a Roth IRA or SIMPLE IRA. Traditional IRAs are discussed in chapter 1.

When Can a Roth IRA Be Opened?

You can open a Roth IRA at any time. However, the time for making contributions for any year is limited. See When Can You Make Contributions?, later under Can You Contribute to a Roth IRA?

Can You Contribute to a Roth IRA?

Generally, you can contribute to a Roth IRA if you have taxable compensation (defined later) and your modified AGI (defined later) is less than:

 

• $193,000 for married filing jointly or qualifying widow(er),

• $131,000 for single, head of household, or married filing separately and you did not live with your spouse at any time during the year, and

• $10,000 for married filing separately and you lived with your spouse at any time during the year.

 

TIP: You may be able to claim a credit for contributions to your Roth IRA. For more information, see chapter 3.

Is there an age limit for contributions? Contributions can be made to your Roth IRA regardless of your age.

Can you contribute to a Roth IRA for your spouse? You can contribute to a Roth IRA for your spouse provided the contributions satisfy the Kay Bailey Hutchison Spousal IRA limit discussed in chapter 1 under How Much Can Be Contributed?, you file jointly, and your modified AGI is less than $193,000.

Compensation. Compensation includes wages, salaries, tips, professional fees, bonuses, and other amounts received for providing personal services. It also includes commissions, self-employment income, nontaxable combat pay, military differential pay, and taxable alimony and separate maintenance payments. For more information, see What Is Compensation? under Who Can Open a Traditional IRA? in chapter 1.

Modified AGI. Your modified AGI for Roth IRA purposes is your adjusted gross income (AGI) as shown on your return with some adjustments. Use Worksheet 2-1, later, to determine your modified AGI.

CAUTION: Do not subtract conversion income when figuring your other AGI-based phaseouts and taxable income, such as your deduction for medical and dental expenses. Subtract them from AGI only for the purpose of figuring your modified AGI for Roth IRA purposes.

How Much Can Be Contributed?

The contribution limit for Roth IRAs generally depends on whether contributions are made only to Roth IRAs or to both traditional IRAs and Roth IRAs.

Roth IRAs only. If contributions are made only to Roth IRAs, your contribution limit generally is the lesser of:

 

• $5,500 ($6,500 if you are age 50 or older), or

• Your taxable compensation.

 

However, if your modified AGI is above a certain amount, your contribution limit may be reduced, as explained later under

Contribution limit reduced.

Roth IRAs and traditional IRAs. If contributions are made to both Roth IRAs and traditional IRAs established for your benefit, your contribution limit for Roth IRAs generally is the same as your limit would be if contributions were made only to Roth IRAs, but then reduced by all contributions for the year to all IRAs other than Roth IRAs. Employer contributions under a SEP or SIMPLE IRA plan do not affect this limit.

This means that your contribution limit is the lesser of:

 

• $5,500 ($6,500 if you are age 50 or older) minus all contributions (other than employer contributions under a SEP or SIMPLE IRA plan) for the year to all IRAs other than Roth IRAs, or

• Your taxable compensation minus all contributions (other than employer contributions under a SEP or SIMPLE IRA plan) for the year to all IRAs other than Roth IRAs.

 

However, if your modified AGI is above a certain amount, your contribution limit may be reduced, as explained below under

Contribution limit reduced.

Simplified employee pensions (SEPs) and savings incentive match plans for employees (SIMPLEs) are discussed in Pub. 560.

Repayment of reservist distributions. You can repay qualified reservist distributions even if the repayments would cause your total contributions to the Roth IRA to be more than the general limit on contributions. However, the total repayments cannot be more than the amount of your distribution.

Note. If you make repayments of qualified reservist distributions to a Roth IRA, increase your basis in the Roth IRA by the amount of the repayment. For more information, see Qualified reservist repayments under How Much Can Be Contributed? in chapter 1.

Contribution limit reduced. If your modified AGI is above a certain amount, your contribution limit is gradually reduced. Use Table 2-1, later, to determine if this reduction applies to you.

Figuring the reduction. If the amount you can contribute must be reduced, use Worksheet 2-2, later, to figure your reduced contribution limit.

TIP: Round your reduced contribution limit up to the nearest $10. If your reduced contribution limit is more than $0, but less than $200, increase the limit to $200.

Example. You are a 45-year-old, single individual with taxable compensation of $117,000. You want to make the maximum allowable contribution to your Roth IRA for 2015. Your modified AGI for 2015 is $117,000. You have not contributed to any traditional IRA, so the maximum contribution limit before the modified AGI reduction is $5,500. You figure your reduced Roth IRA contribution of $5,140 as shown on Worksheet 2-2. Example--Illustrated, later.

Worksheet 2-1. Modified Adjusted Gross Income for Roth IRA Purposes

 Use this worksheet to figure your modified adjusted gross income

 

 for Roth IRA purposes.

 

 ----------------------------------------------------------------------

 

 

1.

 Enter your adjusted gross income from Form 1040,

 

     line 38; Form 1040A, line 22; or Form 1040NR, line 37    

1.

 ______

 

 

2.

 Enter any income resulting from the conversion of an

 

     IRA (other than a Roth IRA) to a Roth IRA (included

 

     on Form 1040A, line 11b, or

 

     Form 1040NR, line 16b) and a rollover from a

 

     qualified retirement plan to a Roth IRA (included on

 

     Form 1040, line 16b, Form 1040A, line 12b, or

 

     Form 1040NR, line 17b)                                  

2.

 ______

 

 

3.

 Subtract line 2 from line 1                              

3.

 ______

 

 

4.

 Enter any traditional IRA deduction from Form 1040,

 

     line 32; Form 1040A, line 17; or Form 1040NR, line 32    

4.

 ______

 

 

5.

 Enter any student loan interest deduction from

 

     Form 1040A, line 18; or

 

     Form 1040NR, line 33                                    

5.

 ______

 

 

6.

 Enter any tuition and fees deduction from Form 1040,

 

     line 34, or Form 1040A, line 19                          

6.

 ______

 

 

7.

 Enter any domestic production activities deduction

 

     from Form 1040, line 35, or Form 1040NR, line 34        

7.

 ______

 

 

8.

 Enter any foreign earned income exclusion and/or

 

     housing exclusion from Form 2555, line 45, or

 

     Form 2555-EZ, line 18                                    

8.

 ______

 

 

9.

 Enter any foreign housing deduction from Form 2555,

 

     line 50                                                  

9.

 ______

 

 

10.

 Enter any excludable qualified savings bond interest

 

     from Form 8815, line 14                                

10.

 ______

 

 

11.

 Enter any excluded employer-provided adoption

 

     benefits from Form 8839, line 28                        

11.

 ______

 

 

12.

 Add the amounts on lines 3 through 11                  

12.

 ______

 

 

13.

 Enter:

 

      • $193,000 if married filing jointly or

 

        qualifying widow(er),

 

      • $10,000 if married filing separately and you lived

 

        with your spouse at any time during the year, or

 

      • $131,000 for all others                              

13.

 ______

 

     Is the amount on line 12 more than the amount on

 

     line 13?

 

     If yes, see the note below.

 

     If no, the amount on line 12 is your

modified

 

     adjusted gross income

 for Roth IRA purposes.

 

     

Note.

 If the amount on line 12 is more than the amount on line 13

 

     and you have other income or loss items, such as social security

 

     income or passive activity losses, that are subject to AGI-based

 

     phaseouts, you can refigure your AGI solely for the purpose of

 

     figuring your modified AGI for Roth IRA purposes. (If you receive

 

     social security benefits, use Worksheet 1 in

Appendix B

 to

 

     refigure your AGI.) Then go to line 3 above in this Worksheet 2-1

 

     to refigure your modified AGI. If you do not have other income or

 

     loss items subject to AGI-based phaseouts, your modified adjusted

 

     gross income for Roth IRA purposes is the amount on line 12 above.

 

 ----------------------------------------------------------------------

 

 

Table 2-1. Effect of Modified AGI on Roth IRA Contribution

 This table shows whether your contribution to a Roth IRA is affected

 

 by the amount of your modified adjusted gross income (modified AGI).

 

 ----------------------------------------------------------------------

 

 

IF

 you have

 

 taxable

 

 compensation

 

 and your filing    

AND

 your modified

 

 status is . . .    AGI is . . .            

THEN . . .

 

 ----------------------------------------------------------------------

 

                                            you can contribute up to

 

                                            $5,500 ($6,500 if you are

 

                    less than $183,000      age 50 or older) as

 

                                            explained under

How Much

 

                                            Can Be Contributed?.

 

                    ---------------------------------------------------

 

 

married filing

     at least $183,000       the amount you can

 

 

jointly

 or         but less than $193,000  contribute is reduced as

 

 

qualifying

                                 explained under

 

 

widow(er)

                                 

Contribution limit

 

                                            reduced.

 

                    ---------------------------------------------------

 

                    $193,000 or more        you cannot contribute to a

 

                                            Roth IRA.

 

 ----------------------------------------------------------------------

 

                                            you can contribute up to

 

                                            $5,500 ($6,500 if you are

 

                    zero (-0-)              age 50 or older) as

 

                                            explained under

How Much

 

                                            Can Be Contributed?.

 

                    ---------------------------------------------------

 

 

married filing

     more than zero (-0-)    the amount you can

 

 

separately

 and     but less than $10,000   contribute is reduced as

 

 you lived with                             explained under

 

 your spouse at                            

Contribution limit reduced.

 

 any time during

 

 the year           ---------------------------------------------------

 

                    $10,000 or more         you cannot contribute to a

 

                                            Roth IRA.

 

 ----------------------------------------------------------------------

 

                                            you can contribute up to

 

                                            $5,500 ($6,500 if you are

 

                    less than $116,000      age 50 or older) as

 

                                            explained under

How Much

 

                                            Can Be Contributed?.

 

                    ---------------------------------------------------

 

 

single, head of

    at least $116,000       the amount you can

 

 

household,

 or      but less than $131,000  contribute is reduced as

 

 

married filing

                             explained under

 

 

separately

 and                            

Contribution limit reduced.

 

 you did not live   ---------------------------------------------------

 

 with your          $131,000 or more        you cannot contribute to a

 

 spouse at any                              Roth IRA.

 

 time during the

 

 year

 

 ----------------------------------------------------------------------

 

 

Worksheet 2-2. Determining Your Reduced Roth IRA Contribution Limit

 Before using this worksheet, check Table 2-1, earlier, to determine

 

 whether or not your Roth IRA contribution limit is reduced. If it is,

 

 use this worksheet to determine how much it is reduced.

 

 ----------------------------------------------------------------------

 

 

1.

 Enter your modified AGI for Roth IRA purposes

 

     (Worksheet 2-1, line 12)                                

1.

 ______

 

 

2.

 Enter:

 

      • $183,000 if filing a joint return or qualifying

 

        widow(er),

 

      • $-0- if married filing a separate return and you

 

        lived with your spouse at any time in 2015, or

 

      • $116,000 for all others                              

2.

 ______

 

 

3.

 Subtract line 2 from line 1                              

3.

 ______

 

 

4.

 Enter:

 

      • $10,000 if filing a joint return or qualifying

 

        widow(er) or married filing a separate return and

 

        you lived with your spouse at any time during the

 

        year, or

 

      • $15,000 for all others                                

4.

 ______

 

 

5.

 Divide line 3 by line 4 and enter the result as a

 

     decimal (rounded to at least three places). If the

 

     result is 1.000 or more, enter 1.000                    

5.

 ______

 

 

6.

 Enter the lesser of:

 

      • $5,500 ($6,500 if you are age 50 or older), or

 

      • Your taxable compensation                            

6.

 ______

 

 

7.

 Multiply line 5 by line 6                                

7.

 ______

 

 

8.

 Subtract line 7 from line 6. Round the result up to

 

     the nearest $10. If the result is less than $200,

 

     enter $200                                              

8.

 ______

 

 

9.

 Enter contributions for the year to other IRAs          

9.

 ______

 

 

10.

 Subtract line 9 from line 6                            

10.

 ______

 

 

11.

 Enter the lesser of line 8 or line 10. This is your

 

     

reduced Roth IRA contribution limit                     11.

 ______

 

 ----------------------------------------------------------------------

 

 

 

When Can You Make Contributions?

 

 

You can make contributions to a Roth IRA for a year at any time during the year or by the due date of your return for that year (not including extensions).

TIP: You can make contributions for 2015 by the due date (not including extensions) for filing your 2015 tax return. This means that most people can make contributions for 2015 by April 18, 2016.

Worksheet 2-2. Example--Illustrated

 Before using this worksheet, check Table 2-1, earlier, to determine

 

 whether or not your Roth IRA contribution limit is reduced. If it is,

 

 use this worksheet to determine how much it is reduced.

 

 ----------------------------------------------------------------------

 

 

1.

 Enter your modified AGI for Roth IRA purposes

 

  (Worksheet 2-1, line 12)                                

1.

 

  117,000

 

 

2.

 Enter:

 

     • $183,000 if filing a joint return or qualifying

 

       widow(er),

 

     • $-0- if married filing a separate return and you

 

       lived with your spouse at any time in 2015, or

 

     • $116,000 for all others                            

2.

 

  116,000

 

 

3.

 Subtract line 2 from line 1                          

3.

 

    1,000

 

 

4.

 Enter:

 

     • $10,000 if filing a joint return or qualifying

 

       widow(er) or married filing a separate return and

 

       you lived with your spouse at any time during the

 

       year, or

 

     • $15,000 for all others                              

4.

 

   15,000

 

 

5.

 Divide line 3 by line 4 and enter the result as a

 

     decimal (rounded to at least three places). If the

 

     result is 1.000 or more, enter 1.000                  

5.

 

     .067

 

 

6.

 Enter the lesser of:

 

     • $5,500 ($6,500 if you are age 50 or older), or

 

     • Your taxable compensation                          

6.

 

    5,500

 

 

7.

 Multiply line 5 by line 6                            

7.

 

      369

 

 

8.

 Subtract line 7 from line 6. Round the result up to

 

     the nearest $10. If the result is less than $200,

 

     enter $200                                            

8.

 

    5,140

 

 

9.

 Enter contributions for the year to other IRAs        

9.

 

        0

 

 

10.

 Subtract line 9 from line 6                          

10.

 

    5,500

 

 

11.

 Enter the lesser of line 8 or line 10. This is your

 

     

reduced Roth IRA contribution limit                  11.

 

    5,140

 

 ----------------------------------------------------------------------

 

 

 

What if You Contribute Too Much?

 

 

A 6% excise tax applies to any excess contribution to a Roth IRA.

Excess contributions. These are the contributions to your Roth IRAs for a year that equal the total of:

 

1. Amounts contributed for the tax year to your Roth IRAs (other than amounts properly and timely rolled over from a Roth IRA or properly converted from a traditional IRA or rolled over from a qualified retirement plan, as described later) that are more than your contribution limit for the year (explained earlier under

How Much Can Be Contributed?

), plus

2. Any excess contributions for the preceding year, reduced by the total of:

 

a. Any distributions out of your Roth IRAs for the year, plus

b. Your contribution limit for the year minus your contributions to all your IRAs for the year.

Withdrawal of excess contributions.

For purposes of determining excess contributions, any contribution that is withdrawn on or before the due date (including extensions) for filing your tax return for the year is treated as an amount not contributed. This treatment only applies if any earnings on the contributions are also withdrawn. The earnings are considered earned and received in the year the excess contribution was made.

If you timely filed your 2015 tax return without withdrawing a contribution that you made in 2015, you can still have the contribution returned to you within 6 months of the due date of your 2015 tax return, excluding extensions. If you do, file an amended return with "Filed pursuant to section

Applying excess contributions. If contributions to your Roth IRA for a year were more than the limit, you can apply the excess contribution in one year to a later year if the contributions for that later year are less than the maximum allowed for that year.

Can You Move Amounts Into a Roth IRA?

You may be able to convert amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. You may be able to roll over amounts from a qualified retirement plan to a Roth IRA. You may be able to recharacterize contributions made to one IRA as having been made directly to a different IRA. You can roll amounts over from a designated Roth account or from one Roth IRA to another Roth IRA.

Conversions

You can convert a traditional IRA to a Roth IRA. The conversion is treated as a rollover, regardless of the conversion method used. Most of the rules for rollovers, described in chapter 1 under Rollover From One IRA Into Another, apply to these rollovers. However, the 1-year waiting period does not apply.

Conversion methods. You can convert amounts from a traditional IRA to a Roth IRA in any of the following three ways.

 

Rollover.

You can receive a distribution from a traditional IRA and roll it over (contribute it) to a Roth IRA within 60 days after the distribution.

Trustee-to-trustee transfer. You can direct the trustee of the traditional IRA to transfer an amount from the traditional IRA to the trustee of the Roth IRA.

Same trustee transfer. If the trustee of the traditional IRA also maintains the Roth IRA, you can direct the trustee to transfer an amount from the traditional IRA to the Roth IRA.

 

Same trustee.

Conversions made with the same trustee can be made by redesignating the traditional IRA as a Roth IRA, rather than opening a new account or issuing a new contract.

Income. 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.

CAUTION: If you must include any amount in your gross income, you may have to increase your withholding or make estimated tax payments. See Pub. 505, Tax Withholding and Estimated Tax.

More information. For more information on conversions, see Converting From Any Traditional IRA Into a Roth IRA in chapter 1.

Rollover From Employer's Plan Into a Roth IRA

You can roll over into a Roth IRA all or part of an eligible rollover distribution you receive from your (or your deceased spouse's):

 

• Employer's qualified pension, profit-sharing, or stock bonus plan (including a 401(k) plan);

• Annuity plan;

• Tax-sheltered annuity plan (section 403(b) plan); or

• Governmental deferred compensation plan (section 457 plan).

 

Any amount rolled over is subject to the same rules for converting a traditional IRA into a Roth IRA. See

Converting From Any Traditional IRA Into a Roth IRA

in chapter 1. Also, the rollover contribution must meet the rollover requirements that apply to the specific type of retirement plan.

Rollover methods. You can roll over amounts from a qualified retirement plan to a Roth IRA in one of the following ways.

 

Rollover.

You can receive a distribution from a qualified retirement plan and roll it over (contribute) to a Roth IRA within 60 days after the distribution. Since the distribution is paid directly to you, the payer generally must withhold 20% of it.

Direct rollover option. Your employer's qualified plan must give you the option to have any part of an eligible rollover distribution paid directly to a Roth IRA. Generally, no tax is withheld from any part of the designated distribution that is directly paid to the trustee of the Roth IRA.

 

Rollover by nonspouse beneficiary.

If you are a designated beneficiary (other than a surviving spouse) of a deceased employee, you can roll over all or part of an eligible rollover distribution from one of the types of plans listed above into a Roth IRA. You must make the rollover by a direct trustee-to-trustee transfer into an inherited Roth IRA.

You will determine your required minimum distributions in years after you make the rollover based on whether the employee died before his or her required beginning date for taking distributions from the plan. For more information, see Distributions after the employee's death under Tax on Excess Accumulation in Pub. 575.

Income. You must include in your gross income distributions from a qualified retirement plan that you would have had to include in income if you had not rolled them over into a Roth IRA. You do not include in gross income any part of a distribution from a qualified retirement plan that is a return of basis (after-tax contributions) to the plan that were taxable to you when paid. These amounts are normally included in income on your return for the year of the rollover from the qualified employer plan to a Roth IRA.

CAUTION: If you must include any amount in your gross income, you may have to increase your withholding or make estimated tax payments. See Pub. 505, Tax Withholding and Estimated Tax.

For more information on eligible rollover distributions from qualified retirement plans and withholding, see Rollover From Employer's Plan Into an IRA in chapter 1.

Military Death Gratuities and Servicemembers' Group Life Insurance (SGLI) Payments

If you received a military death gratuity or SGLI payment with respect to a death from injury that occurred after October 6, 2001, you can contribute (roll over) all or part of the amount received to your Roth IRA. The contribution is treated as a qualified rollover contribution.

The amount you can roll over to your Roth IRA cannot exceed the total amount that you received reduced by any part of that amount that was contributed to a Coverdell ESA or another Roth IRA. Any military death gratuity or SGLI payment contributed to a Roth IRA is disregarded for purposes of the 1-year waiting period between rollovers.

The rollover must be completed before the end of the 1-year period beginning on the date you received the payment.

The amount contributed to your Roth IRA is treated as part of your cost basis (investment in the contract) in the Roth IRA that is not taxable when distributed.

Rollover From a Roth IRA

You can withdraw, tax free, all or part of the assets from one Roth IRA if you contribute them within 60 days to another Roth IRA. Most of the rules for rollovers, described in chapter 1 under Rollover From One IRA Into Another, apply to these rollovers. However, rollovers from retirement plans other than Roth IRAs are disregarded for purposes of the 1-year waiting period between rollovers.

A rollover from a Roth IRA to an employer retirement plan is not allowed.

A rollover from a designated Roth account can only be made to another designated Roth account or to a Roth IRA.

If you roll over an amount from one Roth IRA to another Roth IRA, the 5-year period used to determine qualified distributions does not change. The 5-year period begins with the first taxable year for which the contribution was made to the initial Roth IRA. See What are Qualified Distributions in chapter 2 of Pub. 590-B.

Rollover of Exxon Valdez Settlement Income

If you are a qualified taxpayer (defined in chapter 1, earlier) and you received qualified settlement income (defined in chapter 1, earlier), you can contribute all or part of the amount received to an eligible retirement plan which includes a Roth IRA. The rules for contributing qualified settlement income to a Roth IRA are the same as the rules for contributing qualified settlement income to a traditional IRA with the following exception. Qualified settlement income that is contributed to a Roth IRA, or to a designated Roth account, will be:

 

• Included in your taxable income for the year the qualified settlement income was received, and

• Treated as part of your cost basis (investment in the contract) in the Roth IRA that is not taxable when distributed.

 

For more information, see

Rollover of Exxon Valdez Settlement Income

in chapter 1.

3. Retirement Savings Contributions Credit (Saver's Credit)

What's New

Modified AGI limit for retirement savings contributions credit increased. For 2015, you may be able to claim the retirement savings contributions credit if your modified AGI is not more than:

 

• $61,000 if your filing status is married filing jointly,

• $45,750 if your filing status is head of household, or

• $30,500 if your filing status is single, married filing separately, or qualifying widow(er).

 

Introduction

You may be able to take a tax credit if you make eligible contributions (defined later) to a qualified retirement plan, an eligible deferred compensation plan, or an individual retirement arrangement (IRA). You may be able to take a credit of up to $1,000 (up to $2,000 if filing jointly). This credit could reduce the federal income tax you pay dollar for dollar.

Can you claim the credit? If you make eligible contributions to a qualified retirement plan, an eligible deferred compensation plan, or an IRA, you can claim the credit if all of the following apply.

 

1. You were born before January 2, 1998.

2. You are not a full-time student (explained later).

3. No one else, such as your parent(s), claims an exemption for you on their tax return.

4. Your adjusted gross income (defined below) is not more than:

 

a. $61,000 if your filing status is married filing jointly,

b. $45,750 if your filing status is head of household, or

c. $30,500 if your filing status is single, married filing separately, or qualifying widow(er).

Full-time student.

You are a full-time student if, during some part of each of 5 calendar months (not necessarily consecutive) during the calendar year, you are either:

 

• A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or

• A student taking a full-time, on-farm training course given by either a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or a state, county, or local government.

 

You are a full-time student if you are enrolled for the number of hours or courses the school considers to be full time.

Adjusted gross income. This is generally the amount on line 38 of your 2015 Form 1040; line 22 of your 2015 Form 1040A; or line 37 of your 2015 Form 1040NR. However, you must add to that amount any exclusion or deduction claimed for the year for:

 

• Foreign earned income,

• Foreign housing costs,

• Income for bona fide residents of American Samoa, and

• Income from Puerto Rico.

 

Eligible contributions.

These include:

 

1. Contributions to a traditional or Roth IRA,

2. Salary reduction contributions (elective deferrals, including amounts designated as after-tax Roth contributions) to:

 

a. A 401(k) plan (including a SIMPLE 401(k)),

b. A section 403(b) annuity,

c. An eligible deferred compensation plan of a state or local government (a governmental 457 plan),

d. A SIMPLE IRA plan, or

e. A salary reduction SEP, and

 

3. Contributions to a section

plan.

 

They also include voluntary after-tax employee contributions to a tax-qualified retirement plan or section

403(b)

annuity. For purposes of the credit, an employee contribution will be voluntary as long as it is not required as a condition of employment.

Reducing eligible contributions. Reduce your eligible contributions (but not below zero) by the total distributions you received during the testing period (defined later) from any IRA, plan, or annuity included above under Eligible contributions. Also reduce your eligible contributions by any distribution from a Roth IRA that is not rolled over, even if the distribution is not taxable.

Do not reduce your eligible contributions by any of the following.

 

1. The portion of any distribution which is not includible in income because it is a trustee-to-trustee transfer or a rollover distribution.

2. Distributions that are taxable as the result of an in-plan rollover to your designated Roth account.

3. Any distribution that is a return of a contribution to an IRA (including a Roth IRA) made during the year for which you claim the credit if:

 

a. The distribution is made before the due date (including extensions) of your tax return for that year,

b. You do not take a deduction for the contribution, and

c. The distribution includes any income attributable to the contribution.

 

4. Loans from a qualified employer plan treated as a distribution.

5. Distributions of excess contributions or deferrals (and income attributable to excess contributions and deferrals).

6. Distributions of dividends paid on stock held by an employee stock ownership plan under section 404(k).

7. Distributions from an eligible retirement plan that are converted or rolled over to a Roth IRA.

8. Distributions from a military retirement plan.

9. Distributions from an inherited IRA by a nonspousal beneficiary.

 

Distributions received by spouse.

Any distributions your spouse receives are treated as received by you if you file a joint return with your spouse both for the year of the distribution and for the year for which you claim the credit.

Testing period. The testing period consists of the year for which you claim the credit, the period after the end of that year and before the due date (including extensions) for filing your return for that year, and the 2 tax years before that year.

Example. You and your spouse filed joint returns in 2013 and 2014, and plan to do so in 2015 and 2016. You received a taxable distribution from a qualified plan in 2013 and a taxable distribution from an eligible deferred compensation plan in 2014. Your spouse received taxable distributions from a Roth IRA in 2015 and tax-free distributions from a Roth IRA in 2016 before April 18. You made eligible contributions to an IRA in 2015 and you otherwise qualify for this credit. You must reduce the amount of your qualifying contributions in 2015 by the total of the distributions you received in 2013, 2014, 2015, and 2016.

Maximum eligible contributions. After your contributions are reduced, the maximum annual contribution on which you can base the credit is $2,000 per person.

Effect on other credits. The amount of this credit will not change the amount of your refundable tax credits. A refundable tax credit, such as the earned income credit or the refundable amount of your child tax credit, is an amount that you would receive as a refund even if you did not otherwise owe any taxes.

Maximum credit. This is a nonrefundable credit. The amount of the credit in any year cannot be more than the amount of tax that you would otherwise pay (not counting any refundable credits) in any year. If your tax liability is reduced to zero because of other nonrefundable credits, such as the credit for child and dependent care expenses, then you will not be entitled to this credit.

How to figure and report the credit. The amount of the credit you can get is based on the contributions you make and your credit rate. Your credit rate can be as low as 10% or as high as 50%. Your credit rate depends on your income and your filing status. See Form 8880 to determine your credit rate.

The maximum contribution taken into account is $2,000 per person. On a joint return, up to $2,000 is taken into account for each spouse.

Figure the credit on Form 8880. Report the credit on line 51 of your Form 1040A; or line 48 of your Form 1040NR and attach Form 8880 to your return.

4. How To Get Tax Help

If you have questions about a tax issue, need help preparing your tax return, or want to download free publications, forms, or instructions, go to IRS.gov and find resources that can help you right away.

Preparing and filing your tax return. Find free options to prepare and file your return on IRS.gov or in your local community if you qualify.

 

• Go to IRS.gov and click on the Filing tab to see your options.

• Enter "Free File" in the search box to see whether you can use brand-name software to prepare and e-file your federal tax return for free.

• Enter "VITA" in the search box, download the free IRS2Go app, or call 1-800-906-9887 to find the nearest Volunteer Income Tax Assistance or Tax Counseling for the Elderly (TCE) location for free tax preparation.

• Enter "TCE" in the search box, download the free IRS2Go app, or call 1-888-227-7669 to find the nearest Tax Counseling for the Elderly location for free tax preparation.

 

The Volunteer Income Tax Assistance (VITA) program offers free tax help to people who generally make $54,000 or less, persons with disabilities, the elderly, and limited-English-speaking taxpayers who need help preparing their own tax returns. The Tax Counseling for the Elderly (TCE) program offers free tax help for all taxpayers, particularly those who are 60 years of age and older. TCE volunteers specialize in answering questions about pensions and retirement-related issues unique to seniors.

Getting answers to your tax law questions. On IRS.gov, get answers to your tax questions anytime, anywhere.

 

• Go to

http://www.irs.gov/Help-&-Resources

for a variety of tools that will help you with your taxes.

• Enter "ITA" in the search box on IRS.gov for the Interactive Tax Assistant, a tool that will ask you questions on a number of tax law topics and provide answers. You can print the entire interview and the final response.

• Enter "Pub 17" in the search box on IRS.gov to get Pub. 17, Your Federal Income Tax for Individuals, which features details on tax-saving opportunities, 2015 tax changes, and thousands of interactive links to help you find answers to your questions.

• Additionally, you may be able to access tax law information in your electronic filing software.

 

Tax forms and publications.

You can download or print all of the forms and publications you may need on

http://www.irs.gov/formspubs.

Otherwise, you can go to

http://www.irs.gov/orderforms

to place an order and have forms mailed to you. You should receive your order within 10 business days.

Direct Deposit. The fastest way to receive a tax refund is by combining direct deposit and IRS e-file. Direct deposit securely and electronically transfers your refund directly into your financial account. Eight in 10 taxpayers use direct deposit to receive their refund. The majority of refunds are received within 21 days or less.

Getting a transcript or copy of a return.

 

• Go to IRS.gov and click on "Get Transcript of Your Tax Records" under "Tools."

• Call the transcript toll-free line at 1-800-908-9946.

• Mail Form 4506-T or Form 4506T-EZ (both available on IRS.gov).

 

Using online tools to help prepare your return.

Go to IRS.gov and click on the Tools bar to use these and other self-service options.

 

• The

Earned Income Tax Credit Assistant

determines if you are eligible for the EIC.

• The Online EIN Application helps you get an employer identification number.

• The IRS Withholding Calculator estimates the amount you should have withheld from your paycheck for federal income tax purposes.

• The Electronic Filing PIN Request helps to verify your identity when you do not have your prior year AGI or prior year self-selected PIN available.

• The First Time Homebuyer Credit Account Look-up tool provides information on your repayments and account balance.

 

For help with the alternative minimum tax, go to IRS.gov/AMT.

Understanding identity theft issues.

 

• Go to

http://www.irs.gov/uac/Identity-Protection

for information and videos.

• If your SSN has been lost or stolen or you suspect you are a victim of tax-related identity theft, visit http://www.irs.gov/identitytheft to learn what steps you should take.

 

Checking on the status of a refund.

 

• Go to

http://www.irs.gov/refunds.

• Download the free IRS2Go app to your smart phone and use it to check your refund status.

• Call the automated refund hotline at 1-800-829-1954.

 

Making a tax payment.

The IRS uses the latest encryption technology so electronic payments are safe and secure. You can make electronic payments online, by phone, or from a mobile device. Paying electronically is quick, easy, and faster than mailing in a check or money order. Go to

http://www.irs.gov/payments

to make a payment using any of the following options.

 

IRS Direct Pay

(for individual taxpayers who have a checking or savings account).

Debit or credit card (approved payment processors online or by phone).

Electronic Funds Withdrawal (available during e-file).

Electronic Federal Tax Payment System (best option for businesses; enrollment required).

Check or money order.

 

IRS2Go provides access to mobile-friendly payment options like IRS Direct Pay, offering you a free, secure way to pay directly from your bank account. You can also make debit or credit card payments through an approved payment processor. Simply download IRS2Go from Google Play, the Apple App Store, or the Amazon Appstore, and make your payments anytime, anywhere.

What if I can't pay now? Click on the "Pay Your Tax Bill" icon on IRS.gov for more information about these additional options.

 

• Apply for an

online payment agreement

to meet your tax obligation in monthly installments if you cannot pay your taxes in full today. Once you complete the online process, you will receive immediate notification of whether your agreement has been approved.

• An offer in compromise allows you to settle your tax debt for less than the full amount you owe. Use the Offer in Compromise Pre-Qualifier to confirm your eligibility.

 

Checking the status of an amended return.

Go to IRS.gov and click on the Tools tab and then

Where's My Amended Return?

Understanding an IRS notice or letter. Enter "Understanding your notice" in the search box on IRS.gov to find additional information about your IRS notice or letter.

Visiting the IRS. Locate the nearest Taxpayer Assistance Center using the Office Locator tool on IRS.gov. Enter "office locator" in the search box. Or choose the "Contact Us" option on the IRS2Go app and search Local Offices. Before you visit, use the Locator tool to check hours and services available.

Watching IRS videos. The IRS Video portal http://www.irsvideos.gov contains video and audio presentations for individuals, small businesses, and tax professionals. You'll find video clips of tax topics, archived versions of panel discussions and Webinars, and audio archives of tax practitioner phone forums.

Getting tax information in other languages. For taxpayers whose native language is not English, we have the following resources available.

 

1. Taxpayers can find information on IRS.gov in the following languages.

 

a.

Spanish.

b. Chinese.

c. Vietnamese.

d. Korean.

e. Russian.

 

2. The IRS Taxpayer Assistance Centers provide over-the-phone interpreter service in over 170 languages, and the service is available free to taxpayers.

 

The Taxpayer Advocate Service Is Here To Help You

What is the Taxpayer Advocate Service? The Taxpayer Advocate Service (TAS) is an independent organization within the Internal Revenue Service that helps taxpayers and protects taxpayer rights. Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights under the Taxpayer Bill of Rights.

What Can the Taxpayer Advocate Service Do For You? We can help you resolve problems that you can't resolve with the IRS. And our service is free. If you qualify for our assistance, you will be assigned to one advocate who will work with you throughout the process and will do everything possible to resolve your issue. TAS can help you if:

 

• Your problem is causing financial difficulty for you, your family, or your business,

• You face (or your business is facing) an immediate threat of adverse action, or

• You've tried repeatedly to contact the IRS but no one has responded, or the IRS hasn't responded by the date promised.

 

How Can You Reach Us?

We have offices

in every state, the District of Columbia, and Puerto Rico.

Your local advocate's number is in your local directory and at

http://www.taxpayeradvocate.irs.gov.

You can also call us at 1-877-777-4778.

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How Else Does the Taxpayer Advocate Service Help Taxpayers? TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, please report it to us at http://www.irs.gov/sams.

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Low Income Taxpayer Clinics (LITCs) serve individuals whose income is below a certain level and need to resolve tax problems such as audits, appeals, and tax collection disputes. Some clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. To find a clinic near you, visit http://www.irs.gov/litc or see IRS Publication 4134, Low Income Taxpayer Clinic List.

Appendices

To help you complete your tax return, use the following appendices that include worksheets and tables.

 

1.

Appendix A

-- Summary Record of Traditional IRA(s) for 2015.

2. Appendix B -- Worksheets you use if you receive social security benefits and are subject to the IRA deduction phaseout rules. A filled-in example is included.

 

a. Worksheet 1, Computation of Modified AGI.

b. Worksheet 2, Computation of Traditional IRA Deduction for 2015.

c. Worksheet 3, Computation of Taxable Social Security Benefits.

d. Comprehensive Example and completed worksheets.

Appendix A. Summary Record of Traditional IRA(s) for 2015

 Keep for Your Records

 

 ----------------------------------------------------------------------

 

 Name ______________________________________

 

 I was [ ] covered [ ] not covered by my employer's retirement plan

 

 during the year.

 

 I became 59 1/2 on ______________________________ (month) (day) (year)

 

 I became 70 1/2 on ______________________________ (month) (day) (year)

 

 ----------------------------------------------------------------------

 

 

Contributions

 

 ----------------------------------------------------------------------

 

 Name of            Amount       Check if        Fair Market Value of

 

 traditional        contributed  rollover        IRA as of December 31,

 

 IRA          Date  for 2015     contribution    2015, from Form 5498

 

 ----------------------------------------------------------------------

 

 1.

 

 ----------------------------------------------------------------------

 

 2.

 

 ----------------------------------------------------------------------

 

 3.

 

 ----------------------------------------------------------------------

 

 4.

 

 ----------------------------------------------------------------------

 

 5.

 

 ----------------------------------------------------------------------

 

 6.

 

 ----------------------------------------------------------------------

 

 7.

 

 ----------------------------------------------------------------------

 

 8.

 

 ----------------------------------------------------------------------

 

    Total

 

 ----------------------------------------------------------------------

 

 Total contributions deducted on tax return

 

 

 Total contributions treated as nondeductible on

 

 Form 8606

 

 

 ----------------------------------------------------------------------

 

 

Distributions

 

 ----------------------------------------------------------------------

 

                              Reason (for

 

                              example,

 

                              retirement,          Taxable

 

                              rollover,            amount

 

                              conversion,          reported  Nontaxable

 

                              withdrawal           on        amount

 

 Name of           Amount of  of excess    Income  income    from

 

 tradition-        Distribu-  contribut-   earned  tax       Form 8606,

 

 al IRA      Date  tion       tions)       on IRA  return    line 13

 

 ----------------------------------------------------------------------

 

 1.

 

 ----------------------------------------------------------------------

 

 2.

 

 ----------------------------------------------------------------------

 

 3.

 

 ----------------------------------------------------------------------

 

 4.

 

 ----------------------------------------------------------------------

 

 5.

 

 ----------------------------------------------------------------------

 

 6.

 

 ----------------------------------------------------------------------

 

 7.

 

 ----------------------------------------------------------------------

 

 8.

 

 ----------------------------------------------------------------------

 

    Total

 

 ----------------------------------------------------------------------

 

 Basis of all traditional IRAs for 2015 and earlier

 

 years (from Form 8606, line 14)

 

 

 

Note.

 

You should keep copies of your income tax return, and

 

 Forms 5498.

 

 ----------------------------------------------------------------------

 

 

 

Appendix B. Worksheets for Social Security Recipients Who Contribute to a Traditional IRA

 

 

 

Keep for Your Records

 

 ----------------------------------------------------------------------

 

 If you receive social security benefits, have taxable compensation,

 

 contribute to your traditional IRA, and you or your spouse is covered

 

 by an employer retirement plan, complete the following worksheets.

 

 (See

Are You Covered by an Employer Plan?

 in chapter 1.)

 

 Use Worksheet 1 to figure your modified adjusted gross income. This

 

 amount is needed in the computation of your IRA deduction, if any,

 

 which is figured using Worksheet 2.

 

 The IRA deduction figured using Worksheet 2 is entered on your tax

 

 return.

 

 ----------------------------------------------------------------------

 

 

Worksheet 1

 

 Computation of Modified AGI

 

 (For use only by taxpayers who receive social security benefits)

 

 ----------------------------------------------------------------------

 

   

Filing Status

 -- Check only one box:

 

    [ ]

A.

 Married filing jointly

 

    [ ]

B.

 Single, Head of Household, Qualifying Widow(er), or Married

 

    filing separately and

lived apart

 from your spouse during the

 

   

entire year

 

    [ ]

C.

 Married filing separately and

lived with

 your spouse at

any

 

    time

 during the year

 

 ----------------------------------------------------------------------

 

 

1.

 Adjusted gross income (AGI) from Form 1040 or

 

     Form 1040A (For purposes of this worksheet, figure

 

     your AGI without taking into account any social

 

     security benefits from Form SSA-1099 or RRB-1099, any

 

     deduction for contributions to a traditional IRA, any

 

     student loan interest deduction, any tuition and fees

 

     deduction, any domestic production activities

 

     deduction, or any exclusion of interest from savings

 

     bonds to be reported on Form 8815.)                      

1.

 ______

 

 

2.

 Enter the amount in box 5 of all Forms SSA-1099 and

 

     Forms RRB-1099                                          

2.

 ______

 

 

3.

 Enter one-half of line 2                                

3.

 ______

 

 

4.

 Enter the amount of any foreign earned income

 

     exclusion, foreign housing exclusion, U.S. possessions

 

     income exclusion, exclusion of income from Puerto Rico

 

     you claimed as a bona fide resident of Puerto Rico, or

 

     exclusion of employer-provided adoption benefits        

4.

 ______

 

 

5.

 Enter the amount of any tax-exempt interest reported

 

     on line 8b of 1040A                        

5.

 ______

 

 

6.

 Add lines 1, 3, 4, and 5                                

6.

 ______

 

 

7.

 Enter the amount listed below for your filing status.

 

      •

$32,000

 if you checked box

A

 above.

 

      •

$25,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above.                        

7.

 ______

 

 

8.

 Subtract line 7 from line 6. If zero or less, enter

 

     -0- on this line                                        

8.

 ______

 

 

9.

 If line 8 is zero, skip to line 17, enter -0-, and

 

     continue with line 18. If line 8 is more than zero,

 

     enter the amount listed below for your filing status.

 

      •

$12,000

 if you checked box

A

 above.

 

      •

$9,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above                        

9.

 ______

 

 

10.

 Subtract line 9 from line 8. If zero or less, enter

 

     -0-                                                    

10.

 ______

 

 

11.

 Enter the smaller of line 8 or line 9                  

11.

 ______

 

 

12.

 Enter one-half of line 11                              

12.

 ______

 

 

13.

 Enter the smaller of line 3 or line 12                  

13.

 ______

 

 

14.

 Multiply line 10 by 0.85. If line 10 is zero, enter

 

     -0-                                                    

14.

 ______

 

 

15.

 Add lines 13 and 14                                    

15.

 ______

 

 

16.

 Multiply line 2 by 0.85                                

16.

 ______

 

 

17. Taxable benefits

 to be included in modified AGI for

 

     traditional IRA deduction purposes. Enter the smaller

 

     of line 15 or line 16                                  

17.

 ______

 

 

18.

 Enter the amount of any employer-provided adoption

 

     benefits exclusion and any foreign earned income

 

     exclusion and foreign housing exclusion or deduction

 

     that you claimed                                        

18.

 ______

 

 

19. Modified AGI

 for determining your reduced traditional

 

     IRA deduction -- add lines 1, 17, and 18. Enter here

 

     and on line 2 of Worksheet 2, next                      

19.

 ______

 

 ----------------------------------------------------------------------

 

 

 ----------------------------------------------------------------------

 

 

Worksheet 2

 

 Computation of Traditional IRA Deduction For 2015

 

 (For use only by taxpayers who receive social security benefits)

 

 ----------------------------------------------------------------------

 

 

IF

 your filing status        

AND

 your modified  

THEN

 enter on line 1

 

 is . . .                      AGI is over . . .   below . . .

 

 ----------------------------------------------------------------------

 

 married filing jointly or

 

 qualifying widow(er)                $98,000*              $118,000

 

 married filing jointly (you

 

 are not covered by an

 

 employer plan but your

 

 spouse is)                         $183,000*              $193,000

 

 single, or head of

 

 household                           $61,000*               $71,000

 

 married filing

 

 separately**                             $0*               $10,000

 

 * If your modified AGI is

not

 over this amount, you can take an IRA

 

 deduction for your contributions of up to the lesser of $5,500

 

 ($6,500 if you are age 50 or older) or your taxable compensation.

 

 Skip this worksheet, proceed to Worksheet 3, and enter your IRA

 

 deduction on line 2 of Worksheet 3.

 

 ** If you did

not

 live with your spouse

at any time

 during the year,

 

 consider your filing status as single.

 

 

Note.

 If you were married and you or your spouse worked and you both

 

 contributed to IRAs, figure the deduction for each of you separately.

 

 ----------------------------------------------------------------------

 

 

1.

 Enter the applicable amount from above                    

1.

 ______

 

 

2.

 Enter your

modified AGI

 from Worksheet 1, line 19        

2.

 ______

 

   

Note.

 If line 2 is equal to or more than the amount on

 

    line 1,

stop here;

 your traditional IRA contributions

 

    are not deductible. Proceed to Worksheet 3.

 

 

3.

 Subtract line 2 from line 1                              

3.

 ______

 

 

4.

 Multiply line 3 by the percentage below that applies to

 

    you. If the result is not a multiple of $10, round it to

 

    the next highest multiple of $10. (For example, $611.40

 

    is rounded to $620.) However, if the result is less than

 

    $200, enter $200.

 

     • Married filing jointly or qualifying widow(er)     }

 

       

and

 you are covered by an employer plan, multiply  }

 

       line 3 by 27.5% (0.275) (by 32.5% (0.325) if you   }

 

       are age 50 or older).                              }  

4.

 ______

 

                                                          }

 

     • All others, multiply line 3 by 55% (0.55) (by 65%  }

 

       (0.65) if you are age 50 or older).                }

 

 

5.

 Enter your compensation minus any deductions on

 

    Form 1040 or Form 1040NR, line 27 (deductible part of

 

    self-employment tax) and line 28 (self-employed SEP,

 

    SIMPLE, and qualified plans). If you are the

 

    lower-income spouse, include your spouse's compensation

 

    reduced by his or her traditional IRA and Roth IRA

 

    contributions for this year                              

5.

 ______

 

 

6.

 Enter contributions you made, or plan to make, to your

 

    traditional IRA for 2015, but do not enter more than

 

    $5,500 ($6,500 if you are age 50 or older)                

6.

 ______

 

 

7. Deduction.

 Compare lines 4, 5, and 6. Enter the smallest

 

    amount here (or a smaller amount if you choose). Enter

 

    this amount on the 1040A line for your IRA.

 

    (If the amount on line 6 is more than the amount on line

 

    7, complete line 8.)                                      

7.

 ______

 

 

8. Nondeductible contributions.

 Subtract line 7 from line 5

 

    or 6, whichever is smaller. Enter the result here and on

 

    line 1 of your Form 8606, Nondeductible IRAs              

8.

 ______

 

 ----------------------------------------------------------------------

 

 

 ----------------------------------------------------------------------

 

 

Worksheet 3

 

 Computation of Taxable Social Security Benefits

 

 (For use by taxpayers who receive social security benefits and take a

 

 traditional IRA deduction)

 

 ----------------------------------------------------------------------

 

     

Filing Status

 -- Check only one box:

 

     [ ]

A.

 Married filing jointly

 

     [ ]

B.

 Single, Head of Household, Qualifying Widow(er), or Married

 

            filing separately and

lived apart

 from your spouse during

 

            the

entire year

 

     [ ]

C.

 Married filing separately and

lived with

 your spouse at

any

 

            time

 during the year

 

 ----------------------------------------------------------------------

 

 

1.

 Adjusted gross income (AGI) from Form 1040 or

 

     Form 1040A (For purposes of this worksheet, figure your

 

     AGI without taking into account any IRA deduction, any

 

     student loan interest deduction, any tuition and fees

 

     deduction, any domestic production activities

 

     deduction, any social security benefits from

 

     Form SSA-1099 or RRB-1099, or any exclusion of interest

 

     from savings bonds to be reported on Form 8815.)        

1.

 ______

 

 

2.

 Deduction(s) from line 7 of Worksheet(s) 2              

2.

 ______

 

 

3.

 Subtract line 2 from line 1                              

3.

 ______

 

 

4.

 Enter amount in box 5 of all Forms SSA-1099 and

 

     Forms RRB-1099                                          

4.

 ______

 

 

5.

 Enter one-half of line 4                                

5.

 ______

 

 

6.

 Enter the amount of any foreign earned income

 

     exclusion, foreign housing exclusion, exclusion of

 

     income from U.S. possessions, exclusion of income from

 

     Puerto Rico you claimed as a bona fide resident of

 

     Puerto Rico, or exclusion of employer-provided

 

     adoption benefits                                        

6.

 ______

 

 

7.

 Enter the amount of any tax-exempt interest reported

 

     on line 8b of 1040A                        

7.

 ______

 

 

8.

 Add lines 3, 5, 6, and 7                                

8.

 ______

 

 

9.

 Enter the amount listed below for your filing status.

 

      •

$32,000

 if you checked box

A

 above.

 

      •

$25,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above.                        

9.

 ______

 

 

10.

 Subtract line 9 from line 8. If zero or less, enter

 

     -0- on this line                                        

10.

 ______

 

 

11.

 If line 10 is zero,

stop here.

 None of your social

 

     security benefits are taxable. If line 10 is more than

 

     zero, enter the amount listed below for your filing

 

     status.

 

      •

$12,000

 if you checked box

A

 above.

 

      •

$9,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above.                      

11.

 ______

 

 

12.

 Subtract line 11 from line 10. If zero or less, enter

 

     -0-                                                    

12.

 ______

 

 

13.

 Enter the smaller of line 10 or line 11                

13.

 ______

 

 

14.

 Enter one-half of line 13                              

14.

 ______

 

 

15.

 Enter the smaller of line 5 or line 14                  

15.

 ______

 

 

16.

 Multiply line 12 by 0.85. If line 12 is zero, enter

 

     -0-                                                    

16.

 ______

 

 

17.

 Add lines 15 and 16                                    

17.

 ______

 

 

18.

 Multiply line 4 by 0.85                                

18.

 ______

 

 

19. Taxable social security benefits.

 Enter the smaller of

 

     line 17 or line 18                                      

19.

 ______

 

 ----------------------------------------------------------------------

 

 

 ----------------------------------------------------------------------

 

 

Comprehensive Example

 

 Determining Your Traditional IRA Deduction and

 

 the Taxable Portion of Your Social Security Benefits

 

   John Black is married and files a joint return. He is 65 years old

 

 and had 2015 wages of $89,500. His wife did not work in 2015. He also

 

 received social security benefits of $12,000 and made a $6,000

 

 contribution to his traditional IRA for the year. He had no foreign

 

 income, no tax-exempt interest, and no adjustments to income on lines

 

 23 through 36 on his Form 1040. He participated in a section

401(k)

 

 retirement plan at work.

 

   John completes worksheets 1 and 2. Worksheet 2 shows that his 2015

 

 IRA deduction is $5,950. He must either withdraw the contributions

 

 that are more than the deduction (the $50 shown on line 8 of

 

 Worksheet 2), or treat the excess amounts as nondeductible

 

 contributions (in which case he must complete Form 8606 and attach it

 

 to his Form 1040).

 

   The completed worksheets that follow show how John figured his

 

 modified AGI to determine the IRA deduction and the taxable social

 

 security benefits to report on his Form 1040.

 

 ----------------------------------------------------------------------

 

 

Worksheet 1

 

 Computation of Modified AGI

 

 (For use only by taxpayers who receive social security benefits)

 

 ----------------------------------------------------------------------

 

     

Filing Status

 -- Check only one box:

 

     [x]

A.

 Married filing jointly

 

     [ ]

B.

 Single, Head of Household, Qualifying Widow(er), or Married

 

     filing separately and

lived apart

 from your spouse during

 

     the

entire year

 

     [ ]

C.

 Married filing separately and

lived with

 your spouse at

any

 

     time

 during the year

 

 ----------------------------------------------------------------------

 

 

1.

 Adjusted gross income (AGI) from Form 1040 or

 

     Form 1040A (For purposes of this worksheet, figure

 

     your AGI without taking into account any social

 

     security benefits from Form SSA-1099 or RRB-1099, any

 

     deduction for contributions to a traditional IRA, any

 

     student loan interest deduction, any tuition and fees

 

     deduction, any domestic production activities

 

     deduction, or any exclusion of interest from savings

 

     bonds to be reported on Form 8815.)                      

1.

89,500

 

 

2.

 Enter the amount in box 5 of all Forms SSA-1099 and

 

     Forms RRB-1099                                          

2.

12,000

 

 

3.

 Enter one-half of line 2                                

3.

 6,000

 

 

4.

 Enter the amount of any foreign earned income

 

     exclusion, foreign housing exclusion, U.S. possessions

 

     income exclusion, exclusion of income from Puerto Rico

 

     you claimed as a bona fide resident of Puerto Rico, or

 

     exclusion of employer-provided adoption benefits        

4.

     0

 

 

5.

 Enter the amount of any tax-exempt interest reported

 

     on line 8b of 1040A                        

5.

     0

 

 

6.

 Add lines 1, 3, 4, and 5                                

6.

95,500

 

 

7.

 Enter the amount listed below for your filing status.

 

      •

$32,000

 if you checked box

A

 above.

 

      •

$25,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above.                        

7.

32,000

 

 

8.

 Subtract line 7 from line 6. If zero or less, enter

 

     -0- on this line                                        

8.

63,500

 

 

9.

 If line 8 is zero, skip to line 17, enter -0-, and

 

     continue with line 18. If line 8 is more than zero,

 

     enter the amount listed below for your filing status.

 

      •

$12,000

 if you checked box

A

 above.

 

      •

$9,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above                        

9.

12,000

 

 

10.

 Subtract line 9 from line 8. If zero or less, enter

 

     -0-                                                    

10.

51,500

 

 

11.

 Enter the smaller of line 8 or line 9                  

11.

12,000

 

 

12.

 Enter one-half of line 11                              

12.

 6,000

 

 

13.

 Enter the smaller of line 3 or line 12                  

13.

 6,000

 

 

14.

 Multiply line 10 by 0.85. If line 10 is zero, enter

 

    -0-                                                      

14.

43,775

 

 

15.

 Add lines 13 and 14                                    

15.

49,775

 

 

16.

 Multiply line 2 by 0.85                                

16.

10,200

 

 

17. Taxable benefits

 to be included in modified AGI for

 

     traditional IRA deduction purposes. Enter the smaller

 

     of line 15 or line 16                                  

17.

10,200

 

 

18.

 Enter the amount of any employer-provided adoption

 

     benefits exclusion and any foreign earned income

 

     exclusion and foreign housing exclusion or deduction

 

     that you claimed                                        

18.

     0

 

 

19. Modified AGI

 for determining your reduced traditional

 

     IRA deduction -- add lines 1, 17, and 18. Enter here

 

     and on line 2 of Worksheet 2, next                      

19.

99,700

 

 ----------------------------------------------------------------------

 

 

 ----------------------------------------------------------------------

 

 

Worksheet 2

 

 Computation of Traditional IRA Deduction For 2015

 

 (For use only by taxpayers who receive social security benefits)

 

 ----------------------------------------------------------------------

 

                                 

AND

 your modified  

THEN

 enter on line

 

 

IF

 your filing status is . . .   AGI is over . . .  1 below . . .

 

 ----------------------------------------------------------------------

 

 married filing jointly or

 

 qualifying widow(er)                  $98,000*           $118,000

 

 married filing jointly (you

 

 are not covered by an

 

 employer plan but your

 

 spouse is)                           $183,000*           $193,000

 

 single, or head of

 

 household                             $61,000*           $71,000

 

 married filing

 

 separately**                               $0*           $10,000

 

 * If your modified AGI is

not

 over this amount, you can take an

 

 IRA deduction for your contributions of up to the lesser of $5,500

 

 ($6,500 if you are age 50 or older) or your taxable compensation.

 

 Skip this worksheet, proceed to Worksheet 3, and enter your IRA

 

 deduction on line 2 of Worksheet 3.

 

 ** If you did

not

 live with your spouse

at any time

 during the year,

 

 consider your filing status as single.

 

 

Note.

 If you were married and you or your spouse worked and you both

 

 contributed to IRAs, figure the deduction for each of you separately.

 

 ----------------------------------------------------------------------

 

 

1.

 Enter the applicable amount from above                  

1.

 

118,000

 

 

2.

 Enter your

modified AGI

 from Worksheet 1, line 19        

2.

 

 99,700

 

   

Note.

 If line 2 is equal to or more than the amount on

 

    line 1,

stop here;

 your traditional IRA contributions

 

    are not deductible. Proceed to Worksheet 3.

 

 

3.

 Subtract line 2 from line 1                              

3.

 

 18,300

 

 

4.

 Multiply line 3 by the percentage below that applies to

 

    you. If the result is not a multiple of $10, round it

 

    to the next highest multiple of $10. (For example,

 

    $611.40 is rounded to $620.) However, if the result is

 

    less than $200, enter $200.

 

     • Married filing jointly or qualifying widow(er)

and

 }

 

       you are covered by an employer plan, multiply line }

 

       3 by 27.5% (.275) (by 32.5% (.325) if you are age  }

 

       50 or older).                                      }  

4.

 

  5,950

 

                                                          }

 

     • All others, multiply line 3 by 55% (.55) (by 65%   }

 

       (.65) if you are age 50 or older).                 }

 

 

5.

 Enter your compensation minus any deductions on

 

    Form 1040 or Form 1040NR, line 27 (deductible part of

 

    self-employment tax) and line 28 (self-employed SEP,

 

    SIMPLE, and qualified plans). If you are the

 

    lower-income spouse, include your spouse's compensation

 

    reduced by his or her traditional IRA and Roth IRA

 

    contributions for this year                              

5.

 

 89,500

 

 

6.

 Enter contributions you made, or plan to make, to your

 

    traditional IRA for 2015, but do not enter more than

 

    $5,500 ($6,500 if you are age 50 or older)              

6.

 

  6,000

 

 

7. Deduction.

 Compare lines 4, 5, and 6. Enter the

 

    smallest amount here (or a smaller amount if you

 

    choose). Enter this amount on the 1040A

 

    line for your IRA. (If the amount on line 6 is more

 

    than the amount on line 7, complete line 8.)            

7.

 

  5,950

 

 

8. Nondeductible contributions.

 Subtract line 7 from line

 

    5 or 6, whichever is smaller. Enter the result here and

 

    on line 1 of your Form 8606, Nondeductible IRAs          

8.

 

     50

 

 ----------------------------------------------------------------------

 

 

 ----------------------------------------------------------------------

 

 

Worksheet 3

 

 Computation of Taxable Social Security Benefits

 

 (For use by taxpayers who receive social security benefits and take a

 

 traditional IRA deduction)

 

 ----------------------------------------------------------------------

 

     

Filing Status

 -- Check only one box:

 

     [x]

A.

 Married filing jointly

 

     [ ]

B.

 Single, Head of Household, Qualifying Widow(er), or Married

 

            filing separately and

lived apart

 from your spouse during

 

            the

entire year

 

     [ ]

C.

 Married filing separately and

lived with

 your spouse at

any

 

            time

 during the year

 

 ----------------------------------------------------------------------

 

 

1.

 Adjusted gross income (AGI) from Form 1040 or

 

     Form 1040A (For purposes of this worksheet, figure

 

     your AGI without taking into account any IRA

 

     deduction, any student loan interest deduction, any

 

     tuition and fees deduction, any domestic production

 

     activities deduction, any social security benefits

 

     from Form SSA-1099 or RRB-1099, or any exclusion of

 

     interest from savings bonds to be reported on

 

     Form 8815.)                                              

1.

89,500

 

 

2.

 Deduction(s) from line 7 of Worksheet(s) 2              

2.

 5,950

 

 

3.

 Subtract line 2 from line 1                              

3.

83,550

 

 

4.

 Enter amount in box 5 of all Forms SSA-1099 and Forms

 

     RRB-1099                                                

4.

12,000

 

 

5.

 Enter one-half of line 4                                

5.

 6,000

 

 

6.

 Enter the amount of any foreign earned income

 

     exclusion, foreign housing exclusion, exclusion of

 

     income from U.S. possessions, exclusion of income from

 

     Puerto Rico you claimed as a bona fide resident of

 

     Puerto Rico, or exclusion of employer-provided

 

     adoption benefits                                        

6.

     0

 

 

7.

 Enter the amount of any tax-exempt interest reported

 

     on line 8b of 1040A                        

7.

     0

 

 

8.

 Add lines 3, 5, 6, and 7                                

8.

89,550

 

 

9.

 Enter the amount listed below for your filing status.

 

      •

$32,000

 if you checked box

A

 above.

 

      •

$25,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above.                        

9.

32,000

 

 

10.

 Subtract line 9 from line 8. If zero or less, enter

 

     -0- on this line.                                      

10.

57,550

 

 

11.

 If line 10 is zero,

stop here.

 None of your social

 

     security benefits are taxable. If line 10 is more than

 

     zero, enter the amount listed below for your filing

 

     status.

 

      •

$12,000

 if you checked box

A

 above.

 

      •

$9,000

 if you checked box

B

 above.

 

      •

$0

 if you checked box

C

 above                        

11.

12,000

 

 

12.

 Subtract line 11 from line 10. If zero or less, enter

 

     -0-                                                    

12.

45,550

 

 

13.

 Enter the smaller of line 10 or line 11                

13.

12,000

 

 

14.

 Enter one-half of line 13                              

14.

 6,000

 

 

15.

 Enter the smaller of line 5 or line 14                  

15.

 6,000

 

 

16.

 Multiply line 12 by 0.85. If line 12 is zero, enter

 

     -0-                                                    

16.

38,720

 

 

17.

 Add lines 15 and 16                                    

17.

44,720

 

 

18.

 Multiply line 4 by 0.85                                

18.

10,200

 

 

19. Taxable social security benefits.

 Enter the smaller of

 

     line 17 or line 18                                      

19.

10,200

 

 ----------------------------------------------------------------------

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