Starting a new 72t plan after busting an old one
L1: Starting a new 72t plan after busting an old one
I’m 55 and I started a 72t plan in January of 2018. Unfortunately, I rolled my 401k into my IRA in June of 2018 and busted the plan. I only realized it a few days ago and I plan to file my taxes accordingly and pay the penalty for the 2018 distributions, unless there is an IRS approved way to fix the mistake. I still need to take distributions and plan to start a new 72t starting ASAP. Is there a blackout period before I can start a new plan? Can anyone point me to a RR or PLR or section of the IRC that spells out the fact that there is or is not a blackout or waiting period before starting the next 72t plan? Many thanks.
2019-03-01 20:47, By: Bengals4Life, IP: [188.8.131.52]
L2: Starting a new 72t plan after busting an old one
There is no waiting period to start another plan. If fact, the way you report the busted plan is no different than any other early distribution and the IRS will not even know that you intended to start a plan last year. You probably received a 1099R with code 1 on it for 2018 anyway. If you qualify for some other penalty exception, you can still have some or all of the penalty waived. That also applies to any earlier distributions you took this year.
Your plan balance for the new plan cannot pre date your latest distribution, but you would have a higher balance due to the added 401k money. If the higher balance generates more than you need for the new plan, the planning pointers indicate that you should partition your IRA into two parts, one of them holding the balance needed to generate the new distribution you need.
2019-03-02 02:02, By: Alan S, IP: [184.108.40.206]
L3: Starting a new 72t plan after busting an old one
As Alan mentioned, look up the various exceptions to Early Distributions. SEPP 72-T plans are only one of a dozen or more exceptions. You may qualify for one or more of them for 2018.
It would be helpful if you indicated the reason that you set up the SEPP originally, the balance you used, and the distributions that you took in 2018.
2019-03-02 02:50, By: dlzallestaxes, IP: [220.127.116.11]