A little help…
L1: A little help…I turned 55 on Jan. 4, 2008. At that time I began taking a series of substantially equal periodic payments out of my IRA using the Fixed Amortization Method and based on the (then current) mid-term rate. For the years 2008-2012 I took exactly the same amount out of my IRA (and of course never contributed more to it).
As I understand it, my 5 year obligation is now **complete** because I am 60 years and two months old. Moreover, because of that fact I can take (more or less) from my IRA without fear of reprisal from the IRS insofar as the 10 percent penalty tax is concerned. Am I correct on this score?
The reason I ask is due to the IRS quote below, which does not indicate a 5 year clause, but instead suggests a series of equal payments for the lifeÛ of the individual.
Section 72(t)(2)(A)(iv) provides, in part, that if distributions are part of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the employee or the joint lives (or joint life expectancy) of the employee and beneficiary, the tax described in section 72(t)(1) will not be applicable.Û2013-03-08 18:12, By: Regmacc, IP: [18.104.22.168]
L2: A little help…Five years starts with the date of the first distribution and ends 5 years times 365 days plus 2 days (maybe leap year) later.
What was the date of the first distribution?2013-03-08 19:04, By: Gfw, IP: [22.214.171.124]
L3: A little help…01/22/20082013-03-08 19:28, By: Regmacc, IP: [126.96.36.199]
L4: A little help…Using a DoB of 1/4/1953, the plan officially ended 1/23/2013. Before the end of teh plan, you should have taken the planned annual distribution times 5. If yes, you are in good shape.
IRC 72(t)(4) CHANGE IN SUBSTANTIALLY EQUAL PAYMENTS. –72(t)(4)(A) IN GENERAL. –If –72(t)(4)(A)(i) paragraph (1) does not apply to a distribution by reason of paragraph (2)(A)(iv), and72(t)(4)(A)(ii) the series of payments under such paragraph are subsequently modified (other than by reason of death or disability) –72(t)(4)(A)(ii)(I) before the close of the 5-year period beginning with the date of the first payment and after the employee attains age 591/2 , or72(t)(4)(A)(ii)(II) before the employee attains age 591/2, the taxpayer’s tax for the 1st taxable year in which such modification occurs shall be increased by an amount, determined under regulations, equal to the tax which (but for paragraph (2)(A)(iv)) would have been imposed, plus interest for the deferral period.2013-03-08 19:49, By: Gfw, IP: [188.8.131.52]