The President signed
into law H.R. 2029, the-Consolidated Appropriations Act of 2016 (The Act) on
December 18, 2015. The Act includes several retirement account related
provisions.
The following is an
explanation of some of these provisions.
Extension of the Tax-Fee Qualified Charitable Distribution Provision
The qualified
charitable distribution (QCD) provision has been extended for distributions
made January 1, 2015 and after.
Background
A distribution of up
to $100,000 per calendar year is tax-free, if the amount meets the requirements
for a QCD. These requirements are as follows:
- The
distribution must be made on or after the date on which the IRA
owner reaches age 70-½,
- The
distribution must be made from a traditional IRA, a Roth IRA, or a SEP or
SIMPLE IRA that will not receive SEP or SIMPLE employer contributions for the
plan-year that ends with or within the taxable year that the QCD is made. This
includes inherited IRAs,
- The
IRA Custodian/trustee must make the amount payable to a qualified charity. For
the purpose of a QCD, a qualified charity is described in section 170(b)(1)(A),
which are generally, public charities other than a supporting organization or a
donor advised fund.
Note: The amount can be
sent directly to the charity; or delivered in the form of a check to the IRA
owner who can then deliver it to the charity, providing the custodian/trustee
makes the check payable to the charity.
The IRA owner must be eligible to deduct the
amount as a charitable contribution, if the amount had been donated to a
charity outside of a QCD.
Extension
Since it was created
as a temporary provision under the Pension Protection Act of 2006, the QCD
provision has been extended for a year or two on multiple occasions. In
this case, The Act makes the extension permanent.
Reminder: QCDs can be
used as RMDs
A QCD can be used to
satisfy the account owner’s RMD for the year, if it is the first distribution
made from the IRA during the calendar year, up to the RMD amount.
Allowing Rollovers to SIMPLE IRAs From Certain Other Types of Retirement Accounts
Rollovers can now be made from employer
sponsored retirement plans and traditional IRAs, to SIMPLE IRAs that have met
the 2-year requirement.
Background
Since it was created by the Small Business
Job Protection Act of 1996, the only amounts that could be rolled over or transferred
to a SIMPLE IRA were amounts from other SIMPLE IRAs.
In addition, amounts could not be moved from
a SIMPLE IRA to another retirement account that was not a SIMPLE IRA, unless
the distributing SIMPLE IRA had been funded with a SIMPLE IRA contribution for
at least 2-years.
The New Rollover Rules
Effective Friday, December 18, 2015, the day
the Act was signed into law, SIMPLE IRAs that meet the 2-year requirement are
eligible to accept rollovers of eligible amounts from employer sponsored
retirement plans and traditional IRAs.
Employer sponsored retirement plans are
defined contribution plans such as 401(k) and profit sharing plans, 403(b)
plans, and governmental 457(b) plans.
Designated Roth accounts and Roth IRAs still
cannot be rolled over to SIMPLE IRAs.
The 2-year restriction on rolling SIMPLE IRAs
to other retirement accounts that are not SIMPLE IRAs is still in effect.
Technical Amendment for Rollovers of Certain Airline Payment Amounts
Under the Worker, Retiree, and Employer
Recovery Act of 2008
(WRERA),
and the FAA Modernization and Reform Act of 2012 ( the FAA- Act), a qualified
airline employee may rollover up to 90% of all airline payments received to a
traditional IRA, and –consistent with the rollover rules- exclude the amount
from income. There is no limit on the amounts that can be rolled over to a Roth
IRA; however, such amount would be taxable.
An airline payment amount was
defined in the FAA- Act as “…any payment of money or other property payable by
a commercial passenger airline, under the authority of a Federal bankruptcy
court in a case filed after September 11, 2001, and before January 1, 2007, to
a qualified airline employee in respect of certain claims of the employee
against the airline”. The definition was amended in 2014 to include any payment
of money or other property payable by a commercial passenger airline to a
qualified airline employee in certain cases.
Under the FAA- Act , an airline
payment is treated as a rollover to a traditional IRA, if the rollover is made
within 180 days of receipt of the amount , or within 180 days of February 14,
2012, the date of enactment of the 2012 FAA Act- if later.
For Roth IRAs, WRERA provides
that the 180 days period is within 180 days of receipt of such amount ,or, if
later, within 180 days of December 23, 2008, the date of enactment of WRERA.
The Change Under The Act
The 2014 amendment did not contain a
provision to allow previously made payments that came within the definition of
airline payment amounts as a result of the amendments to be rolled over within
180 days after enactment.
The Act allows such amounts to be rolled over
within 180 days of receipt or, if later, within the period beginning on
December 18, 2014, and ending 180 days after December 18, 2015.
Expansion of the Age 50 Exception to the 10% Early Distribution Penalty
The
definition of qualified public safety employee has been expanded to include
more employees.
Background
A
distribution from a retirement account is subject to a 10% early distribution
penalty, if the distribution occurs before the account owner reaches age 59½.
There are some exceptions to this penalty, one of which is commonly referred to
the age 55 exception.
Under
this exception, the 10% early distribution penalty does not apply if the
individual separates from service with the plan sponsor in the year he reaches
age 55 or later, and the distribution occurs after separation from service.
This
age-55 requirement is reduced to age 50 for qualified safety employees. A qualified public safety employee is defined
as an employee of a State or political subdivision of a State if the employee
provides police protection, firefighting services, or emergency medical
services for any area within the jurisdiction of such State or political
subdivision.
Earlier this year, the exception was
expanded, effective for distributions made 01/01/2016 and after, to include
certain Federal law enforcement officers, Federal customs and border protection
officers and Federal firefighter air traffic controller. In addition, the
provision was also expanded to include governmental defined contribution plans,
such as Thrift Savings Plans and 403(b) plans.
The Change Under The Act
The Act further expands the definition of
qualified public safety employee to include nuclear materials couriers, members
of the United States Capitol Police, members of the Supreme Court police, and
diplomatic security special agents of the United States Department of State.
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This
is a high level overview of the rules that apply to these provisions.
Please
do not hesitate to call my office with any questions regarding the above, or
any other retirement plans related matters.