Amended 1998, 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 601(a), struck out subsec. (f). Text read as follows: “For purposes of this section—
“(1) a simplified employee pension or a simple retirement account may not be designated as a Roth IRA; and
“(2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(2)(B).”
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(9), added subsec. (f).
Cases: Taproot Admin. Servs. v. Commissioner, 133 T.C. 202 (2009)
Forms: Form 8606; Form 1099-R; Form 1040
Final rules 5
(a) General rule Except as provided in this section, a Roth IRA shall be treated for purposes of this title in the same manner as an individual retirement plan.
(b) Roth IRA For purposes of this title, the term “Roth IRA” means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a Roth IRA. Such designation shall be made in such manner as the Secretary may prescribe.
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(c) Treatment of contributions
Amended 2019
- 2019 Pub. L. 116-94 Pub. L. 116–94 redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “Contributions to a Roth IRA may be made even after the individual for whom the account is maintained has attained age 70½.”
(1) No deduction allowed No deduction shall be allowed under section 219 for a contribution to a Roth IRA.
(2) Contribution limit The aggregate amount of contributions for any taxable year to all Roth IRAs maintained for the benefit of an individual shall not exceed the excess (if any) of—
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(A) the maximum amount allowable as a deduction under section 219 with respect to such individual for such taxable year (computed without regard to subsection (g) of such section), over
Amended 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 401(b)(5), struck out “(d)(1) or” before “(g) of such section”.
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(3) Limits based on modified adjusted gross income
(A) Dollar limit The amount determined under paragraph (2) for any taxable year shall not exceed an amount equal to the amount determined under paragraph (2)(A) for such taxable year, reduced (but not below zero) by the amount which bears the same ratio to such amount as—
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(1), substituted “shall not exceed an amount equal to the amount determined under paragraph (2)(A) for such taxable year, reduced” for “shall be reduced” in introductory provisions.
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(i) the excess of—
(I) the taxpayer’s adjusted gross income for such taxable year, over
(II) the applicable dollar amount, bears to
(ii) $15,000 ($10,000 in the case of a joint return or a married individual filing a separate return).
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(2)(A), inserted “or a married individual filing a separate return” after “joint return”.
The rules of subparagraphs (B) and (C) of section 219(g)(2) shall apply to any reduction under this subparagraph.
(B) Definitions For purposes of this paragraph—
Amended 1998, 2006, 2008
- 2008 Pub. L. 110-458 Pub. L. 110–458, § 108(d)(1), in introductory provisions, struck out second “an” before “eligible” and “other than a Roth IRA” before “during any taxable year”, and inserted as concluding provisions “This subparagraph shall not apply to a qualified rollover contribution from a Roth IRA or to a qualified rollover contribution from a designated Roth account which is a rollover contribution described in section 402A(c)(3)(A).”
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 512(a)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “A taxpayer shall not be allowed to make a qualified rollover contribution to a Roth IRA from an individual retirement plan other than a Roth IRA during any taxable year if, for the taxable year of the distribution to which such contribution relates—
“(i) the taxpayer’s adjusted gross income exceeds $100,000, or
“(ii) the taxpayer is a married individual filing a separate return.
This subparagraph shall not apply to a qualified rollover contribution from a Roth IRA or to a qualified rollover contribution from a designated Roth account which is a rollover contribution described in section 402A(c)(3)(A).” See Effective Date of 2006 Amendment note below.
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 824(b)(1), substituted “eligible retirement plan” for “IRA” in heading and “an eligible retirement plan (as defined by section 402(c)(8)(B))” for “individual retirement plan” in introductory provisions. See Effective Date of 2006 Amendment note below.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(2)(B)(i), inserted “, for the taxable year of the distribution to which such contribution relates” after “if” in introductory provisions.
(i) adjusted gross income shall be determined in the same manner as under section 219(g)(3), except that any amount included in gross income under subsection (d)(3) shall not be taken into account, and
Amended 1998, 2006
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 512(a)(2), substituted “except that any amount included in gross income under subsection (d)(3) shall not be taken into account, and” for “except that—
“(I) any amount included in gross income under subsection (d)(3) shall not be taken into account; and
“(II) any amount included in gross income by reason of a required distribution under a provision described in paragraph (5) shall not be taken into account for purposes of subparagraph (B)(i), and”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(2)(B)(ii), struck out “for such taxable year” after “gross income”.
(ii) the applicable dollar amount is—
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(I) in the case of a taxpayer filing a joint return, $150,000,
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(II) in the case of any other taxpayer (other than a married individual filing a separate return), $95,000, and
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(III) in the case of a married individual filing a separate return, zero.
(C) Marital status Section 219(g)(4) shall apply for purposes of this paragraph.
Amended 1998, 2006, 2008
- 2008 Pub. L. 110-458 Pub. L. 110–458, § 108(h)(1), redesignated subpar. (C) relating to inflation adjustment as subpar. (E).
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 512(a)(1), redesignated subpar. (D), relating to marital status, as (C). Former subpar. (C) redesignated (B). See Effective Date of 2006 Amendment note below.
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 833(c), added subpar. (C) relating to inflation adjustment.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 7004(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “adjusted gross income shall be determined in the same manner as under section 219(g)(3), except that any amount included in gross income under subsection (d)(3) shall not be taken into account, and”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(2)(C), struck out “and the deduction under section 219 shall be taken into account” after “taken into account”.
- 1998 Pub. L. 105-277 Pub. L. 105–277 substituted “, and” for period at end.
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(D) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2006, the dollar amounts in subclauses (I) and (II) of subparagraph (B)(ii) shall each be increased by an amount equal to—
Amended 2006
- 2006 Pub. L. 110-458 Pub. L. 110–458, § 108(h)(2), redesignated subpar. (E) as (D) and substituted “subparagraph (B)(ii)” for “subparagraph (C)(ii)”.
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2005” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 11002(d)(1)(W), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.
(E) Special rule for certain transfers from qualified tuition programs The amount determined under subparagraph (A) shall be increased by the lesser of—
Amended 2006, 2008, 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 126(b)(2)(B), added subpar. (E).
- 2008 Pub. L. 110-458 Pub. L. 110–458, § 108(h)(1), redesignated subpar. (C) relating to inflation adjustment as subpar. (E).
- 2006 Pub. L. 110-458 Pub. L. 110–458, § 108(h)(2), redesignated subpar. (E) as (D) and substituted “subparagraph (B)(ii)” for “subparagraph (C)(ii)”.
(i) the amount of contributions described in section 529(c)(3)(E) for the taxable year, or
(ii) the amount of the reduction determined under such subparagraph (determined without regard to this subparagraph).
(4) Mandatory distribution rules not to apply before death Notwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any Roth IRA:
Amended 2019
- 2019 Pub. L. 116-94 Pub. L. 116–94 redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “Contributions to a Roth IRA may be made even after the individual for whom the account is maintained has attained age 70½.”
(A) Section 401(a)(9)(A).
(B) The incidental death benefit requirements of section 401(a).
(5) Rollover contributions
Amended 2019
- 2019 Pub. L. 116-94 Pub. L. 116–94 redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “Contributions to a Roth IRA may be made even after the individual for whom the account is maintained has attained age 70½.”
(A) In general No rollover contribution may be made to a Roth IRA unless it is a qualified rollover contribution.
(B) Coordination with limit
Amended 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 126(b)(2)(A), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).
(i) In general A qualified rollover contribution shall not be taken into account for purposes of paragraph (2).
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(ii) Exception for rollovers from qualified tuition programs Clause (i) shall not apply to any qualified rollover contribution described in subsection (e)(1)(C).
(6) Time when contributions made For purposes of this section, the rule of section 219(f)(3) shall apply.
Amended 2019
- 2019 Pub. L. 116-94 Pub. L. 116–94 redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “Contributions to a Roth IRA may be made even after the individual for whom the account is maintained has attained age 70½.”
(d) Distribution rules For purposes of this title—
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(1) Exclusion Any qualified distribution from a Roth IRA shall not be includible in gross income.
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(5)(B), substituted “Exclusion” for “General rules” in heading and amended text generally. Prior to amendment, text read as follows:
- 1998 “(A) Exclusions from gross income.—Any qualified distribution from a Roth IRA shall not be includible in gross income.
- 1998 “(B) Nonqualified distributions.—In applying section 72 to any distribution from a Roth IRA which is not a qualified distribution, such distribution shall be treated as made from contributions to the Roth IRA to the extent that such distribution, when added to all previous distributions from the Roth IRA, does not exceed the aggregate amount of contributions to the Roth IRA.”
(2) Qualified distribution For purposes of this subsection—
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(A) In general The term “qualified distribution” means any payment or distribution—
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(i) made on or after the date on which the individual attains age 59½,
(ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual,
(iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or
(iv) which is a qualified special purpose distribution.
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(B) Distributions within nonexclusion period A payment or distribution from a Roth IRA shall not be treated as a qualified distribution under subparagraph (A) if such payment or distribution is made within the 5-taxable year period beginning with the first taxable year for which the individual made a contribution to a Roth IRA (or such individual’s spouse, or employer in the case of a simple retirement account (as defined in section 408(p)) or simplified employee pension (as defined in section 408(k)), made a contribution to a Roth IRA) established for such individual.
Amended 1998, 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 601(d), inserted “, or employer in the case of a simple retirement account (as defined in section 408(p)) or simplified employee pension (as defined in section 408(k)),” after “individual’s spouse”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(3)(A), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “A payment or distribution shall not be treated as a qualified distribution under subparagraph (A) if—
“(i) it is made within the 5-taxable year period beginning with the 1st taxable year for which the individual made a contribution to a Roth IRA (or such individual’s spouse made a contribution to a Roth IRA) established for such individual, or
“(ii) in the case of a payment or distribution properly allocable (as determined in the manner prescribed by the Secretary) to a qualified rollover contribution from an individual retirement plan other than a Roth IRA (or income allocable thereto), it is made within the 5-taxable year period beginning with the taxable year in which the rollover contribution was made.”
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(C) Distributions of excess contributions and earnings The term “qualified distribution” shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution.
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(3)(B), added subpar. (C).
(3) Rollovers from an eligible retirement plan other than a Roth IRA
Amended 1998, 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 824(b)(2)(E), substituted “an eligible retirement plan” for “an IRA” in heading.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (G) as (F).
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(4)(B), added subpar. (G).
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(A) In general Notwithstanding sections 402(c), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any distribution to which this paragraph applies—
Amended 1998, 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 824(b)(2)(A), substituted “sections 402(c), 403(b)(8), 408(d)(3), and 457(e)(16)” for “section 408(d)(3)” in introductory provisions.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(4)(A), added cl. (iii) and concluding provisions and struck out former cl. (iii) which read as follows: “in the case of a distribution before January 1, 1999, any amount required to be included in gross income by reason of this paragraph shall be so included ratably over the 4-taxable year period beginning with the taxable year in which the payment or distribution is made.”
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(i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution,
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(ii) section 72(t) shall not apply, and
(iii) unless the taxpayer elects not to have this clause apply, any amount required to be included in gross income for any taxable year beginning in 2010 by reason of this paragraph shall be so included ratably over the 2-taxable-year period beginning with the first taxable year beginning in 2011.
Amended 2006
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 512(b)(1), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any distribution before January 1, 1999, shall be so included ratably over the 4-taxable year period beginning with such taxable year.”
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Any election under clause (iii) for any distributions during a taxable year may not be changed after the due date for such taxable year.
(B) Distributions to which paragraph applies This paragraph shall apply to a distribution from an eligible retirement plan (as defined by section 402(c)(8)(B)) maintained for the benefit of an individual which is contributed to a Roth IRA maintained for the benefit of such individual in a qualified rollover contribution. This paragraph shall not apply to a distribution which is a qualified rollover contribution from a Roth IRA or a qualified rollover contribution from a designated Roth account which is a rollover contribution described in section 402A(c)(3)(A).
Amended 2006, 2008, 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(a)(77), inserted period at end.
- 2008 Pub. L. 110-458 Pub. L. 110–458, § 108(d)(2), struck out “(other than a Roth IRA)” after “section 402(c)(8)(B))” and inserted at end “This paragraph shall not apply to a distribution which is a qualified rollover contribution from a Roth IRA or a qualified rollover contribution from a designated Roth account which is a rollover contribution described in section 402A(c)(3)(A)”.
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 824(b)(2)(B), substituted “eligible retirement plan (as defined by section 402(c)(8)(B))” for “individual retirement plan”.
(C) Conversions The conversion of an individual retirement plan (other than a Roth IRA) to a Roth IRA shall be treated for purposes of this paragraph as a distribution to which this paragraph applies.
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(D) Additional reporting requirements Trustees of Roth IRAs, trustees of individual retirement plans, persons subject to section 6047(d)(1), or all of the foregoing persons, whichever is appropriate, shall include such additional information in reports required under section 408(i) or 6047 as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included.
Amended 1998, 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 824(b)(2)(C), (D), substituted “persons subject to section 6047(d)(1), or all of the foregoing persons” for “or both” and inserted “or 6047” after “408(i)”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (E) as (D) and struck out heading and text of former subpar. (D). Text read as follows: “If, no later than the due date for filing the return of tax for any taxable year (without regard to extensions), an individual transfers, from an individual retirement plan (other than a Roth IRA), contributions for such taxable year (and any earnings allocable thereto) to a Roth IRA, no such amount shall be includible in gross income to the extent no deduction was allowed with respect to such amount.”
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(E) Special rules for contributions to which 2-year averaging applies In the case of a qualified rollover contribution to a Roth IRA of a distribution to which subparagraph (A)(iii) applied, the following rules shall apply:
Amended 1998, 2006
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 512(b)(2)(B), substituted “2-year” for “4-year” in heading.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (F) as (E). Former subpar. (E) redesignated (D).
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(i) Acceleration of inclusion
Amended 2006
- 2006 Pub. L. 109-222 Pub. L. 109–222, § 512(b)(2)(A), amended cl. (i) generally. Prior to amendment, text read as follows:
- 2006 “(I) In general.—The amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from Roth IRAs for such taxable year which are allocable under paragraph (4) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i).
- 2006 “(II) Limitation on aggregate amount included.—The amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years.”
(I) In general The amount otherwise required to be included in gross income for any taxable year beginning in 2010 or the first taxable year in the 2-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from Roth IRAs for such taxable year which are allocable under paragraph (4) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i).
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(II) Limitation on aggregate amount included The amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 2-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years.
(ii) Death of distributee
(I) In general If the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death.
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(II) Special rule for surviving spouse If the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any Roth IRA to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date for the spouse’s taxable year which includes the date of death.
(F) Special rule for applying section 72
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (G) as (F). Former subpar. (F) redesignated (E).
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(4)(B), added subpar. (F).
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(i) In general If—
(I) any portion of a distribution from a Roth IRA is properly allocable to a qualified rollover contribution described in this paragraph; and
(II) such distribution is made within the 5-taxable year period beginning with the taxable year in which such contribution was made,
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then section 72(t) shall be applied as if such portion were includible in gross income.
(ii) Limitation Clause (i) shall apply only to the extent of the amount of the qualified rollover contribution includible in gross income under subparagraph (A)(i).
(4) Aggregation and ordering rules
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(5)(A), substituted “Aggregation and ordering rules” for “Coordination with individual retirement accounts” in heading and amended text generally. Prior to amendment, text read as follows: “Section 408(d)(2) shall be applied separately with respect to Roth IRAs and other individual retirement plans.”
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(A) Aggregation rules Section 408(d)(2) shall be applied separately with respect to Roth IRAs and other individual retirement plans.
(B) Ordering rules For purposes of applying this section and section 72 to any distribution from a Roth IRA, such distribution shall be treated as made—
(i) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the Roth IRA, does not exceed the aggregate contributions to the Roth IRA; and
(ii) from such contributions in the following order:
(I) Contributions other than qualified rollover contributions to which paragraph (3) applies.
(II) Qualified rollover contributions to which paragraph (3) applies on a first-in, first-out basis.
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Any distribution allocated to a qualified rollover contribution under clause (ii)(II) shall be allocated first to the portion of such contribution required to be included in gross income.
(5) Qualified special purpose distribution For purposes of this section, the term “qualified special purpose distribution” means any distribution to which subparagraph (F) of section 72(t)(2) applies.
(6) Taxpayer may make adjustments before due date
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(6)(A), added par. (6).
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(A) In general Except as provided by the Secretary, if, on or before the due date for any taxable year, a taxpayer transfers in a trustee-to-trustee transfer any contribution to an individual retirement plan made during such taxable year from such plan to any other individual retirement plan, then, for purposes of this chapter, such contribution shall be treated as having been made to the transferee plan (and not the transferor plan).
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(B) Special rules
(i) Transfer of earnings Subparagraph (A) shall not apply to the transfer of any contribution unless such transfer is accompanied by any net income allocable to such contribution.
(ii) No deduction Subparagraph (A) shall apply to the transfer of any contribution only to the extent no deduction was allowed with respect to the contribution to the transferor plan.
(iii) Conversions Subparagraph (A) shall not apply in the case of a qualified rollover contribution to which subsection (d)(3) applies (including by reason of subparagraph (C) thereof).
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 13611(a), added cl. (iii).
(7) Due date For purposes of this subsection, the due date for any taxable year is the date prescribed by law (including extensions of time) for filing the taxpayer’s return for such taxable year.
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 6005(b)(7), added par. (7).
(e) Qualified rollover contribution For purposes of this section—
Amended 2001, 2006, 2008
- 2008 Pub. L. 110-245 Pub. L. 110–245, § 109(b), amended subsec. (e), as in effect after amendment by section 824(a) of Pub. L. 109–280, by amending text generally. Prior to amendment, text read as follows: “For purposes of this section, the term ‘qualified rollover contribution’ means a rollover contribution—
“(1) to a Roth IRA from another such account,
“(2) from an eligible retirement plan, but only if—
“(A) in the case of an individual retirement plan, such rollover contribution meets the requirements of section 408(d)(3), and
“(B) in the case of any eligible retirement plan (as defined in section 402(c)(8)(B) other than clauses (i) and (ii) thereof), such rollover contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), as applicable.
For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.”
- 2008 Pub. L. 110-245 Pub. L. 110–245, § 109(a), amended subsec. (e), as in effect before amendment by section 824(a) of Pub. L. 109–280, by reenacting heading without change and amending text to read as follows: “For purposes of this section—
“(1) In general.—The term ‘qualified rollover contribution’ means a rollover contribution to a Roth IRA from another such account, or from an individual retirement plan, but only if such rollover contribution meets the requirements of section 408(d)(3). Such term includes a rollover contribution described in section 402A(c)(3)(A). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.
“(2) Military death gratuity.—
“(A) In general.—The term ‘qualified rollover contribution’ includes a contribution to a Roth IRA maintained for the benefit of an individual made before the end of the 1-year period beginning on the date on which such individual receives an amount under section 1477 of title 10, United States Code, or section 1967 of title 38 of such Code, with respect to a person, to the extent that such contribution does not exceed—
“(i) the sum of the amounts received during such period by such individual under such sections with respect to such person, reduced by
“(ii) the amounts so received which were contributed to a Coverdell education savings account under section 530(d)(9).
“(B) Annual limit on number of rollovers not to apply.—Section 408(d)(3)(B) shall not apply with respect to amounts treated as a rollover by subparagraph (A).
“(C) Application of section 72.—For purposes of applying section 72 in the case of a distribution which is not a qualified distribution, the amount treated as a rollover by reason of subparagraph (A) shall be treated as investment in the contract.” See 2006 Amendment note below.
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 824(a), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendments by Pub. L. 109–280, § 824(a), and Pub. L. 110–245, § 109(a), text read as follows: “For purposes of this section, the term ‘qualified rollover contribution’ means a rollover contribution to a Roth IRA from another such account, or from an individual retirement plan, but only if such rollover contribution meets the requirements of section 408(d)(3). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.” See 2008 Amendment note above.
- 2001 Pub. L. 107-16 Pub. L. 107–16 inserted “Such term includes a rollover contribution described in section 402A(c)(3)(A).” after first sentence.
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(1) In general The term “qualified rollover contribution” means a rollover contribution—
Amended 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 126(b)(1)(C), inserted at end of concluding provisions “The earnings and contributions of any qualified tuition program from which a qualified rollover contribution is made under subparagraph (C) shall be treated in the same manner as the earnings and contributions of a Roth IRA from which a qualified rollover contribution is made under subparagraph (A).”
(B) from an eligible retirement plan, but only if—
(i) in the case of an individual retirement plan, such rollover contribution meets the requirements of section 408(d)(3), and
(ii) in the case of any eligible retirement plan (as defined in section 402(c)(8)(B) other than clauses (i) and (ii) thereof), such rollover contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), as applicable, and
“(C) from a qualified tuition program to the extent provided in section 529(c)(3)(E).
For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA. The earnings and contributions of any qualified tuition program from which a qualified rollover contribution is made under subparagraph (C) shall be treated in the same manner as the earnings and contributions of a Roth IRA from which a qualified rollover contribution is made under subparagraph (A).
Amended 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 126(b)(1)(A), (B), added subpar. (C).
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(2) Military death gratuity
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(A) In general The term “qualified rollover contribution” includes a contribution to a Roth IRA maintained for the benefit of an individual made before the end of the 1-year period beginning on the date on which such individual receives an amount under section 1477 of title 10, United States Code, or section 1967 of title 38 of such Code, with respect to a person, to the extent that such contribution does not exceed—
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(i) the sum of the amounts received during such period by such individual under such sections with respect to such person, reduced by
(ii) the amounts so received which were contributed to a Coverdell education savings account under section 530(d)(9).
(B) Annual limit on number of rollovers not to apply Section 408(d)(3)(B) shall not apply with respect to amounts treated as a rollover by subparagraph (A).
Amended 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(a)(78), substituted “subparagraph (A)” for “the subparagraph (A)”.
(C) Application of section 72 For purposes of applying section 72 in the case of a distribution which is not a qualified distribution, the amount treated as a rollover by reason of subparagraph (A) shall be treated as investment in the contract.
(3) Simple retirement accounts In the case of any payment or distribution out of a simple retirement account (as defined in section 408(p)) with respect to which an election has been made under section 408(p)(12) and to which 72(t)(6) applies, the term “qualified rollover contribution” shall not include any payment or distribution paid into an account other than another simple retirement account (as so defined).
Amended 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328, § 601(c)(2), added par. (3).