26 U.S. Code § 408 - Individual retirement accounts
Except as otherwise provided in this subsection, any amount paid or distributed out of an individual retirement plan shall be included in gross income by the payee or distributee, as the case may be, in the manner provided under section 72.
This paragraph does not apply to any amount described in subparagraph (A)(i) received by an individual from anindividual retirement account orindividual retirement annuity if at any time during the 1-yearperiod ending on the day of such receipt such individual received any other amount described in that subparagraph from an individual retirement accountor anindividual retirement annuity which was not includible in his gross income because of the application of this paragraph.
If any amount paid or distributed out of anindividual retirement account orindividual retirement annuity would meet the requirements of subparagraph (A) but for the fact that the entire amount was not paid into an eligible planas required by clause (i) or (ii) of subparagraph (A), such amount shall be treated as meeting the requirements of subparagraph (A) to the extent it is paid into an eligible planreferred to in such clause not later than the 60th day referred to in such clause.
For purposes of clause (i), the term “eligible plan” means any account, annuity, contract, or plan referred to in subparagraph (A).
This paragraph shall not apply to any amount to the extent such amount is required to be distributed under subsection (a)(6) or (b)(3).
For purposes of this paragraph, rules similar to the rules of section 402(c)(7) (relating to frozen deposits) shall apply.
In the case of any payment or distribution out of asimple retirement account (as defined in subsection (p)) to whichsection 72(t)(6)(A) applies, this paragraph shall not apply unless such payment or distribution is paid into another simple retirement account.
The Secretary may waive the 60-day requirement under subparagraphs (A) and (D) where the failure to waive such requirement would be against equity or good conscience, including casualty, disaster, or other events beyond the reasonable control of the individual subject to such requirement.
The transfer of an individual’s interest in anindividual retirement account or anindividual retirement annuity to his spouse or former spouse under a divorce or separation instrument described in clause (i) of section 121(d)(3)(C) is not to be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer is to be treated as an individual retirement accountof such spouse, and not of such individual. Thereafter such account or annuity for purposes of this subtitle is to be treated as maintained for the benefit of such spouse.
Notwithstanding any other provision of this subsection or section 72(t), paragraph (1) andsection 72(t)(1) shall apply to the transfer or distribution from a simplified employeepension of any contribution under a salary reduction arrangement described in subsection (k)(6) (or any income allocable thereto) before a determination as to whether the requirements of subsection (k)(6)(A)(iii) are met with respect to such contribution.
For purposes of this paragraph, a distribution to an organization described in subparagraph (B)(i) shall be treated as aqualified charitable distribution only if a deduction for the entire distribution would be allowable undersection 170 (determined without regard to subsection (b) thereof and this paragraph).
Notwithstanding section 72, in determining the extent to which a distribution is aqualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during such taxable yearand all such plans were treated as 1 contract for purposes of determining undersection 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable yearand subsequent taxable years.
Qualified charitable distributions which are not includible in gross income pursuant to subparagraph (A) shall not be taken into account in determining the deduction under section 170.
Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described insection 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid.
In the case of an individual who is aneligible individual (as defined in section 223(c)) and who elects the application of this paragraph for a taxableyear, gross income of the individual for the taxableyear does not include aqualified HSA funding distribution to the extent such distribution is otherwise includible in gross income.
For purposes of this paragraph, the term “qualified HSA funding distribution” means a distribution from an individual retirement plan (other than a plan described in subsection (k) or (p)) of the employeeto the extent that such distribution is contributed to the health savings account of the individual in a direct trustee-to-trustee transfer.
Except as provided in subclause (II), an individual may make an election under subparagraph (A) only for onequalified HSA funding distribution during the lifetime of the individual. Such an election, once made, shall be irrevocable.
If aqualified HSA funding distribution is made during a month in a taxable yearduring which an individual has self-only coverage under a high deductible health plan as of the first day of the month, the individual may elect to make an additionalqualified HSA funding distribution during a subsequent month in such taxable yearduring which the individual has family coverage under a high deductible health plan as of the first day of the subsequent month.
Subclauses (I) and (II) of clause (i) shall not apply if the individual ceased to be aneligible individual by reason of the death of the individual or the individual becoming disabled (within the meaning ofsection 72(m)(7)).
The term “testing period” means the period beginning with the month in which thequalified HSA funding distribution is contributed to a health savings account and ending on the last day of the 12th month following such month.
Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross income for purposes of subparagraph (A), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applyingsection 72 to other distributions in such taxable yearand subsequent taxable years.
Anyindividual retirement account is exempt from taxation under this subtitle unless such account has ceased to be anindividual retirement account by reason of paragraph (2) or (3). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations).
In any case in which any account ceases to be anindividual retirement account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) applies as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day).
If during any taxableyear the owner of anindividual retirement annuity borrows any money under or by use of such contract, the contract ceases to be anindividual retirement annuity as of the first day of such taxable year. Such owner shall include in gross income for such yearan amount equal to the fair market value of such contract as of such first day.
If, during any taxableyear of the individual for whose benefit anindividual retirement account is established, that individual uses the account or any portion thereof as security for a loan, the portion so used is treated as distributed to that individual.
Any common trust fund or common investment fund ofindividual retirement account assets which is exempt from taxation under this subtitle does not cease to be exempt on account of the participation or inclusion of assets of a trust exempt from taxation undersection 501(a) which is described in section 401(a).
This section shall be applied without regard to any community property laws.
For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by abank (as defined in subsection (n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute anindividual retirement account described in subsection (a). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof.
In the case of any simplifiedemployee pension, subsections (a)(1) and (b)(2) of this section shall be applied by increasing the amounts contained therein by the amount of the limitation in effect under section 415(c)(1)(A).
The requirements of this paragraph are met with respect to a simplifiedemployee pension for a yearif for such yearthe contributions made by the employer to simplifiedemployee pensions for hisemployees do not discriminate in favor of anyhighly compensated employee (within the meaning ofsection 414(q)).
For purposes of subparagraph (A), there shall be excluded from considerationemployees described in subparagraph (A) or (C) of section 410(b)(3).
For purposes of subparagraph (A), and except as provided in subparagraph (D), employer contributions to simplifiedemployee pensions (other than contributions under an arrangement described in paragraph (6)) shall be considered discriminatory unless contributions thereto bear a uniform relationship to thecompensation (not in excess of the first $200,000) of each employeemaintaining a simplified employeepension.
For purposes of subparagraph (C), the rules ofsection 401(l)(2) shall apply to contributions to simplified employeepensions (other than contributions under an arrangement described in paragraph (6)).
Clause (i) shall not apply to a simplifiedemployee pension unless the requirements ofsection 401(a)(30) are met.
This paragraph shall not apply with respect to anyyear in the case of a simplifiedemployee pension maintained by an employer with more than 25employees who were eligible to participate (or would have been required to be eligible to participate if a pension was maintained) at any time during the preceding year.
Rules similar to the rules ofsection 401(k)(8) shall apply to any excess contributionunder this paragraph. Any excess contributionunder a simplified employeepension shall be treated as an excess contributionfor purposes of section 4979.
For purposes of clause (i), the term “excess contribution” means, with respect to ahighly compensated employee, the excess of elective employer contributions under this paragraph over the maximum amount of such contributions allowable under subparagraph (A)(iii).
For purposes of this paragraph, the term “highly compensated employee” has the meaning given such term by section 414(q).
This paragraph shall not apply toyears beginning afterDecember 31, 1996. The preceding sentence shall not apply to a simplified employeepension of an employer if the terms of simplified employeepensions of such employer, as in effect onDecember 31, 1996, provide that an employeemay make the election described in subparagraph (A).
Except as provided in paragraph (2)(C), the term “compensation” has the meaning given such term by section 414(s).
The Secretary shall adjust the $450 amount in paragraph (2)(C) at the same time and in the same manner as under section 415(d) and shall adjust the $200,000 amount in paragraphs (3)(C) and (6)(D)(ii) at the same time, and by the same amount, as any adjustment under section 401(a)(17)(B); except that any increase in the $450 amount which is not a multiple of $50 shall be rounded to the next lowest multiple of $50.
An employer who makes a contribution on behalf of anemployee to a simplifiedemployee pension shall provide such simplified reports with respect to such contributions as the Secretary may require by regulations. The reports required by this subsection shall be filed at such time and in such manner, and information with respect to such contributions shall be furnished to theemployee at such time and in such manner, as may be required by regulations.
Except as provided in this paragraph, no report shall be required under this section by an employer maintaining aqualified salary reduction arrangement under subsection (p).
The acquisition by anindividual retirement account or by an individually-directed account under a plan described in section 401(a) of any collectibleshall be treated (for purposes of this section and section 402) as a distribution from such account in an amount equal to the cost to such account of such collectible.
Subject to the provisions of this subsection,designated nondeductible contributions may be made on behalf of an individual to an individual retirement plan.
The amount of thedesignated nondeductible contributions made on behalf of any individual for any taxable yearshall not exceed the nondeductible limitfor such taxable year.
If a taxpayer elects not to deduct an amount which (without regard to this clause) is allowable as a deduction undersection 219 for any taxable year, the nondeductible limitfor such taxable yearshall be increased by such amount.
For purposes of this paragraph, the term “designated nondeductible contribution” means any contribution to an individual retirement plan for the taxable yearwhich is designated (in such manner as the Secretary may prescribe) as a contribution for which a deduction is not allowable under section 219.
Any designation under clause (i) shall be made on the return of tax imposed by chapter 1 for the taxableyear.
In determining for which taxableyear adesignated nondeductible contribution is made, the rule ofsection 219(f)(3) shall apply.
For penalty where individual reportsdesignated nondeductible contributions not made, see section 6693(b).
An employer shall be treated as meeting the requirements of subparagraph (A)(iii) for anyyear if, in lieu of the contributions described in such clause, the employer elects to make nonelective contributions of 2 percent ofcompensation for each employeewho is eligible to participate in the arrangement and who has at least $5,000 ofcompensation from the employer for the year. If an employer makes an election under this subparagraph for any year, the employer shall notify employeesof such election within a reasonable period of time before the 60-day period for such yearunder paragraph (5)(C).
Thecompensation taken into account under clause (i) for any yearshall not exceed the limitation in effect for such yearunder section 401(a)(17).
In the case of an employer which had more than 25employees who received at least $5,000 ofcompensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, clause (i) shall be applied for such yearby substituting “3 percent” for “2 percent”.
The term “eligible employer” means, with respect to any year, an employer which had no more than 100 employeeswho received at least $5,000 of compensationfrom the employer for the preceding year.
Aneligible employer who establishes and maintains a plan under this subsection for 1 or more yearsand who fails to be aneligible employer for any subsequent yearshall be treated as aneligible employer for the 2 yearsfollowing the last yearthe employer was aneligible employer. If such failure is due to any acquisition, disposition, or similar transaction involving aneligible employer, the preceding sentence shall not apply.
Except as provided in subclause (IV), the term “applicable percentage” means 3 percent.
An employer may elect to apply a lower percentage (not less than 1 percent) for anyyear for allemployees eligible to participate in the plan for such yearif the employer notifies theemployees of such lower percentage within a reasonable period of time before the 60-day election period for such yearunder paragraph (5)(C). An employer may not elect a lower percentage under this subclause for any yearif that election would result in theapplicable percentage being lower than theapplicable percentage in more than 2 of the yearsin the 5-yearperiod ending with such year.
If anyyear in the 5-year period described in subclause (II) is ayear prior to the firstyear for which anyqualified salary reduction arrangement is in effect with respect to the employer (or any predecessor), the employer shall be treated as if the level of the employer matching contributionwas at the applicable percentageof compensationfor such prior year.
In the case of an employer which had more than 25employees who received at least $5,000 ofcompensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, subclause (I) shall be applied for such yearby substituting “4 percent” for “3 percent”.
An arrangement shall not be treated as aqualified salary reduction arrangement for any yearif the employer (or any predecessor employer) maintained a qualified planwith respect to which contributions were made, or benefits were accrued, for service in any yearin the period beginning with the yearsuch arrangement became effective and ending with the yearfor which the determination is being made. If only individuals other than employeesdescribed in subparagraph (A) ofsection 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any qualified planin which only employeesso described are eligible to participate.
For purposes of this subparagraph, the term “qualified plan” means a plan, contract, pension, or trust described in subparagraph (A) or (B) of section 219(g)(5).
For purposes of clause (i), the adjusted dollar amount is an amount equal to 110 percent of the dollar amount in effect under clause (i)(III) for calendaryear 2024.
In the case of ayear beginning afterDecember 31, 2005, the Secretary shall adjust the $10,000 amount under clause (i)(III) at the same time and in the same manner as under section 415(d), except that the base period taken into account shall be the calendar quarter beginningJuly 1, 2004, and any increase under this subparagraph which is not a multiple of $500 shall be rounded to the next lower multiple of $500.
In the case of ayear beginning afterDecember 31, 2024, the Secretary shall adjust annually the adjusted dollar amount under clause (ii) in the manner provided under subclause (I) of this clause, except that the base period taken into account shall be the calendar quarter beginningJuly 1, 2023.
Aneligible employer is described in this clause only if, during the 3-taxable-yearperiod immediately preceding the 1st yearthe employer maintains thequalified salary reduction arrangement under this paragraph, neither the employer nor any member of any controlled group including the employer (or any predecessor of either) established or maintained any plan described in clause (i), (ii), or (iv) ofsection 219(g)(5)(A) with respect to which contributions were made, or benefits were accrued, for substantially the same employeesas are eligible to participate in such qualified salary reduction arrangement.
The term “qualified student loan payment” means a payment made by an employeein repayment of a qualified education loan (as defined insection 221(d)(1)) incurred by the employeeto pay qualified higher education expenses, but only if the employeecertifies to the employer making the matching contributionthat such payment has been made on such a loan.
The term “qualified higher education expenses” has the same meaning as when used in section 401(m)(4)(D).
Aneligible employer which had not more than 25 employeeswho received at least $5,000 of compensationfrom the employer for 1 or more years, and which has more than 25 such employeesfor any subsequent year, shall be treated for purposes of subparagraph (E)(i) as having 25 such employeesfor the 2 yearsfollowing the last yearthe employer had not more than 25 such employees, and not as having made the election under subparagraph (E)(i)(II) for such 2 years. Rules similar to the second sentence of subparagraph (C)(i)(II) shall apply for purposes of this subparagraph.
The requirements of this paragraph are met with respect to asimple retirement account if theemployee’s rights to any contribution to the simple retirement accountare nonforfeitable. For purposes of this paragraph, rules similar to the rules of subsection (k)(4) shall apply.
An employer may elect to exclude from the requirement under subparagraph (A)employees described in section 410(b)(3).
The term “compensation” means amounts described in paragraphs (3) and (8) of section 6051(a). For purposes of the preceding sentence, amounts described in section 6051(a)(3) shall be determined without regard to section 3401(a)(3).
In the case of anemployee described in subparagraph (B), the term “compensation” means net earnings from self-employment determined undersection 1402(a) without regard to any contribution under this subsection. The preceding sentence shall be applied as if the term “trade or business” for purposes of section 1402 included service described in section 1402(c)(6).
A plan shall not be treated as failing to satisfy the requirements of this subsection or any other provision of this title merely because the employer makes all contributions to theindividual retirement accounts or annuities of a designated trustee or issuer. The preceding sentence shall not apply unless each plan participant is notified in writing (either separately or as part of the notice under subsection (l)(2)(C)) that the participant’s balance may be transferred without cost or penalty to another individual account or annuity in accordance with subsection (d)(3)(G).
Anymatching contribution described in paragraph (2)(A)(iii) which is made on behalf of a self-employed individual (as defined insection 401(c)) shall not be treated as an elective employer contribution to a simple retirement accountfor purposes of this title.
For purposes of this paragraph, the term “transition period” means the period beginning on the date of any transaction described in subparagraph (A) and ending on the last day of the second calendar yearfollowing the calendar yearin which such transaction occurs.
Subject to the requirements of this paragraph, an employer may elect (in such form and manner as the Secretary may prescribe) at any time during ayear to terminate thequalified salary reduction arrangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination date) a safe harbor planto replace the terminated arrangement.
For purposes of this paragraph, the term “safe harbor plan” means a qualified cash or deferred arrangement which meets the requirements of paragraph (11), (12), (13), or (16) of section 401(k).
An individual retirement plan which is designated as aRoth IRA shall not be treated as asimple retirement account under this subsection unless theemployee elects for such plan to be so treated (at such time and in such manner as the Secretary may provide).
For purposes of this title, aqualified employer plan shall not fail to meet any requirement of this title solely by reason of establishing and maintaining a program described in paragraph (1).
The term “qualified employer plan” has the meaning given such term by section 72(p)(4)(A)(i); except that such term shall also include an eligible deferred compensationplan (as defined in section 457(b)) of an eligible employerdescribed in section 457(e)(1)(A).
For inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table undersection 401 of this title.
Paragraph (6) or (7) of section 101 of theFederal Credit Union Act, referred to in subsec. (n)(2), is classified to section 1752(6), (7) of Title 12, Banksand Banking.
2022—Subsec. (b).Pub. L. 117–328, § 107(d), in concluding provisions, substituted “the applicable age (determined under section 401(a)(9)(C)(v) for the calendar yearin which such taxable yearbegins)” for “age 72”.
Subsec. (d)(3)(G).Pub. L. 117–328, § 332(b)(2), substituted “72(t)(6)(A)” for “72(t)(6)”.
Subsec. (d)(8)(F).Pub. L. 117–328, § 307(a), added subpar. (F).
Subsec. (d)(8)(G).Pub. L. 117–328, § 307(b), added subpar. (G).
Subsec. (e)(2)(A)(iii).Pub. L. 117–328, § 322(a), added cl. (iii).
Subsec. (k)(7) to (10).Pub. L. 117–328, § 601(b)(3), added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively.
Subsec. (o)(5)(A).Pub. L. 117–328, § 401(b)(4), substituted “section 219(b)” for “subsection (b)”.
Subsec. (p)(2)(A).Pub. L. 117–328, § 116(a)(2), inserted concluding provisions.
Subsec. (p)(2)(A)(iv).Pub. L. 117–328, § 116(a)(1), added cl. (iv). Former cl. (iv) redesignated (v).
Subsec. (p)(2)(A)(v).Pub. L. 117–328, § 116(b)(1), substituted “, (iii), or (iv)” for “or (iii)”.
Pub. L. 117–328, § 116(a)(1), redesignated cl. (iv) as (v).
Subsec. (p)(2)(B)(iii).Pub. L. 117–328, § 117(d), added cl. (iii).
Subsec. (p)(2)(C)(ii)(I).Pub. L. 117–328, § 117(c)(1), substituted “Except as provided in subclause (IV), the term” for “The term”.
Subsec. (p)(2)(C)(ii)(II), (III).Pub. L. 117–328, § 117(c)(3), substituted “the applicable percentage” for “3 percent”.
Subsec. (p)(2)(C)(ii)(IV).Pub. L. 117–328, § 117(c)(2), added subcl. (IV).
Subsec. (p)(2)(E)(i) to (iii).Pub. L. 117–328, § 117(a), substituted “dollar amount is—” and subcls. (I) to (III) for “amount is $10,000.” in cl. (i), added cl. (ii) and redesignated former cl. (ii) as (iii), and, in cl. (iii), designated existing provisions as subcl. (I), inserted subcl. heading, substituted “clause (i)(III)” for “clause (i)”, and added subcl. (II).
Subsec. (p)(2)(E)(iv).Pub. L. 117–328, § 117(f), added cl. (iv).
Subsec. (p)(2)(F).Pub. L. 117–328, § 110(d), added subpar. (F).
Subsec. (p)(2)(G).Pub. L. 117–328, § 116(a)(4), added subpar. (G).
Subsec. (p)(2)(H).Pub. L. 117–328, § 117(e), added subpar. (H).
Subsec. (p)(8).Pub. L. 117–328, § 116(a)(3), amended par. (8) generally. Prior to amendment, text read as follows: “In the case of any simple retirement account, subsections (a)(1) and (b)(2) shall be applied by substituting ‘the sum of the dollar amount in effect under paragraph (2)(A)(ii) of this subsection and the employer contribution required under subparagraph (A)(iii) or (B)(i) of paragraph (2) of this subsection, whichever is applicable’ for ‘the dollar amount in effect under section 219(b)(1)(A)’.”
Subsec. (p)(11).Pub. L. 117–328, § 332(a), added par. (11).
Subsec. (p)(12).Pub. L. 117–328, § 601(c)(1), added par. (12).
2019—Subsec. (b).Pub. L. 116–94, § 114(c), substituted “age 72” for “age 70½” in concluding provisions.
Subsec. (c)(3).Pub. L. 116–94, § 101(a)(3), added par. (3).
Subsec. (d)(8)(A).Pub. L. 116–94, § 107(b), inserted at end “The amount of distributions not includible in gross income by reason of the preceding sentence for a taxable year(determined without regard to this sentence) shall be reduced (but not below zero) by an amount equal to the excess of—” and added cls. (i) and (ii).
Subsec. (o)(5).Pub. L. 116–94, § 116(a)(1), added par. (5).
2018—Subsec. (a)(1).Pub. L. 115–141, § 401(a)(75), inserted “or” after “subsection (d)(3)”.
Subsec. (m)(3)(B).Pub. L. 115–141, § 401(a)(76), substituted “section 5” for “section 7”.
2017—Subsec. (d)(6).Pub. L. 115–97 substituted “clause (i) of section 121(d)(3)(C)” for “subparagraph (A) of section 71(b)(2)”.
2015—Subsec. (d)(8)(F).Pub. L. 114–113, § 112(a), struck out subpar. (F). Text read as follows: “This paragraph shall not apply to distributions made in taxable yearsbeginning afterDecember 31, 2014.”
Subsec. (p)(1)(B).Pub. L. 114–113, § 306(a), inserted “except in the case of a rollover contribution described in subsection (d)(3)(G) or a rollover contribution otherwise described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), which is made after the 2-yearperiod described in section 72(t)(6),” before “with respect to which the only contributions allowed”.
2014—Subsec. (d)(8)(F).Pub. L. 113–295, § 108(a), substituted “December 31, 2014” for “December 31, 2013”.
Subsec. (p)(2)(E)(i).Pub. L. 113–295, § 221(a)(53), amended cl. (i) generally. Prior to amendment, cl. (i) listed applicable dollar amounts for subsec. (p)(2)(A)(ii) for calendar years2002 to 2005 and thereafter.
2013—Subsec. (d)(8)(F).Pub. L. 112–240 substituted “December 31, 2013” for “December 31, 2011”.
2010—Subsec. (d)(8)(F).Pub. L. 111–312 substituted “December 31, 2011” for “December 31, 2009”.
2008—Subsec. (d)(8)(F).Pub. L. 110–343 substituted “December 31, 2009” for “December 31, 2007”.
2007—Subsec. (d)(8)(D).Pub. L. 110–172 substituted “all amounts in all individual retirement plans of the individual were distributed during such taxable yearand all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible” for “all amounts distributed from all individual retirement plans were treated as 1 contract under paragraph (2)(A) for purposes of determining the inclusion of such distribution under section 72”.
2006—Subsec. (d)(8).Pub. L. 109–280, which directed the amendment of section 408(d) by adding par. (8), without specifying the act to be amended, was executed by making the addition to this section, which is section 408 of theInternal Revenue Code of 1986, to reflect the probable intent ofCongress.
Subsec. (d)(9).Pub. L. 109–432 added par. (9).
2004—Subsec. (a)(1).Pub. L. 108–311, § 408(a)(12), substituted “457(e)(16),” for “457(e)(16)”.
Subsec. (n)(2).Pub. L. 108–311, § 408(a)(13), substituted “paragraph (6) or (7) of section 101” for “section 101(6)”.
Subsec. (p)(6)(A)(i).Pub. L. 108–311, § 404(d), inserted at end “For purposes of the preceding sentence, amounts described in section 6051(a)(3) shall be determined without regard to section 3401(a)(3).”
2002—Subsec. (k)(2)(C).Pub. L. 107–147, § 411(j)(1)(A), substituted “$450” for “$300”.
Subsec. (k)(8).Pub. L. 107–147, § 411(j)(1)(B), substituted “$450” for “$300” in two places.
Subsec. (q)(3)(A).Pub. L. 107–147, § 411(i)(1), reenacted heading without change and amended text of subpar. (A) generally. Prior to amendment, text read as follows: “The term‘qualified employer plan’ has the meaning given such term by section 72(p)(4); except such term shall not include a government plan which is not a qualified planunless the plan is an eligible deferred compensationplan (as defined in section 457(b)).”
2001—Subsec. (a)(1).Pub. L. 107–16, § 641(e)(8), substituted “403(b)(8), or 457(e)(16)” for “or 403(b)(8),”.
Pub. L. 107–16, § 601(b)(1), substituted “on behalf of any individual in excess of the amount in effect for such taxable yearunder section 219(b)(1)(A)” for “in excess of $2,000 on behalf of any individual”.
Subsec. (b).Pub. L. 107–16, § 601(b)(3), substituted “the dollar amount in effect under section 219(b)(1)(A)” for “$2,000” in concluding provisions.
Subsec. (b)(2)(B).Pub. L. 107–16, § 601(b)(2), substituted “the dollar amount in effect under section 219(b)(1)(A)” for “$2,000”.
Subsec. (d)(3)(A).Pub. L. 107–16, § 642(a), inserted “or” at end of cl. (i), added cl. (ii) and concluding provisions, and struck out former cls. (ii) and (iii) which read as follows:
“(ii) no amount in the account and no part of the value of the annuity is attributable to any source other than a rollover contribution (as defined insection 402) from an employee’s trust described in section 401(a) which is exempt from tax under section 501(a) or from an annuity plan described in section 403(a) (and any earnings on such contribution), and the entire amount received (including property and other money) is paid (for the benefit of such individual) into another such trust or annuity plan not later than the 60th day on which the individual receives the payment or the distribution; or
“(iii)(I) the entire amount received (including money and other property) represents the entire interest in the account or the entire value of the annuity,
“(II) no amount in the account and no part of the value of the annuity is attributable to any source other than a rollover contribution from an annuity contract described in section 403(b) and any earnings on such rollover, and
“(III) the entire amount thereof is paid into another annuity contract described insection 403(b) (for the benefit of such individual) not later than the 60th day after he receives the payment or distribution.”
Subsec. (d)(3)(D)(i).Pub. L. 107–16, § 642(b)(2), substituted “(i) or (ii)” for “(i), (ii), or (iii)”.
Subsec. (d)(3)(G).Pub. L. 107–16, § 642(b)(3), reenacted heading without change and amended text of subpar. (G) generally. Prior to amendment, text read as follows: “This paragraph shall not apply to any amount paid or distributed out of a simple retirement account(as defined in subsection (p)) unless—
“(i) it is paid into anothersimple retirement account, or
“(ii) in the case of any payment or distribution to whichsection 72(t)(6) does not apply, it is paid into an individual retirement plan.”
Subsec. (d)(3)(H).Pub. L. 107–16, § 643(c), added subpar. (H).
Subsec. (d)(3)(I).Pub. L. 107–16, § 644(b), added subpar. (I).
Subsec. (j).Pub. L. 107–16, § 601(b)(4), struck out “$2,000” before “amounts”.
Subsec. (k)(3)(C), (6)(D)(ii), (8).Pub. L. 107–16, § 611(c)(1), substituted “$200,000” for “$150,000”.
Subsec. (p)(2)(A)(ii).Pub. L. 107–16, § 611(f)(1), substituted “the applicable dollar amount” for “$6,000”.
Subsec. (p)(2)(E).Pub. L. 107–16, § 611(f)(2), amended heading and text of subpar. (E) generally. Prior to amendment, text read as follows: “The Secretary shall adjust the $6,000 amount under subparagraph (A)(ii) at the same time and in the same manner as under section 415(d), except that the base period taken into account shall be the calendar quarter endingSeptember 30, 1996, and any increase under this subparagraph which is not a multiple of $500 shall be rounded to the next lower multiple of $500.”
Subsec. (p)(6)(A)(ii).Pub. L. 107–16, § 611(g)(2), inserted at end “The preceding sentence shall be applied as if the term ‘trade or business’ for purposes of section 1402 included service described in section 1402(c)(6).”
Subsec. (p)(8).Pub. L. 107–16, § 601(b)(5), substituted “the dollar amount in effect under section 219(b)(1)(A)” for “$2,000”.
Subsecs. (q), (r).Pub. L. 107–16, § 602(a), added subsec. (q) and redesignated former subsec. (q) as (r).
2000—Subsec. (d)(5).Pub. L. 106–554 amended heading generally. Prior to amendment, heading read as follows: “Certain distributions of excess contributionsafter due date for taxable year”.
1998—Subsec. (d)(7).Pub. L. 105–206, § 6018(b)(2), inserted “or simple retirement accounts” after “pensions” in heading.
Subsec. (d)(7)(B).Pub. L. 105–206, § 6018(b)(1), inserted “or 402(k)” after “section 402(h)”.
Subsec. (p)(2)(C)(i)(II).Pub. L. 105–206, § 6016(a)(1)(C)(i), substituted “the preceding sentence shall not apply” for “the preceding sentence shall apply only in accordance with rules similar to the rules of section 410(b)(6)(C)(i)” in last sentence.
Subsec. (p)(2)(D)(i).Pub. L. 105–206, § 6016(a)(1)(A), struck out “or (B)” after “(A)” in last sentence.
Subsec. (p)(2)(D)(iii).Pub. L. 105–206, § 6016(a)(1)(C)(ii), struck out heading and text of cl. (iii). Text read as follows: “In the case of an employer who establishes and maintains a plan under this subsection for 1 or more yearsand who fails to meet any requirement of this subsection for any subsequent yeardue to any acquisition, disposition, or similar transaction involving another such employer, rules similar to the rules of section 410(b)(6)(C) shall apply for purposes of this subsection.”
Subsec. (p)(8), (9).Pub. L. 105–206, § 6015(a), redesignated par. (8), relating to matching contributionson behalf of self-employed individuals not treated as elective employer contributions, as (9).
Subsec. (p)(10).Pub. L. 105–206, § 6016(a)(1)(B), added par. (10).
1997—Subsec. (i).Pub. L. 105–34, § 1601(d)(1)(A), substituted “31 days” for “30 days” in concluding provisions.
Pub. L. 105–34, § 302(d), struck out “under regulations” after “may require” in introductory provisions and struck out “in such regulations” after “prescribes” in pars. (1) and (2)(B).
Subsec. (k)(6)(H).Pub. L. 105–34, § 1601(d)(1)(B), substituted “of an employer if the terms of simplified employeepensions of such employer” for “if the terms of such pension”.
Subsec. (l)(2)(B).Pub. L. 105–34, § 1601(d)(1)(C)(i), inserted “and the issuer of an annuity established under such an arrangement” after “under subsection (p)” in introductory provisions and “or issuer” after “trustee” in cl. (i).
Subsec. (m)(3).Pub. L. 105–34, § 304(a), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In the case of an individual retirement account, paragraph (2) shall not apply to—
“(A) any gold coin described in paragraph (7), (8), (9), or (10) ofsection 5112(a) of title 31,
“(B) any silver coin described insection 5112(e) of title 31, or
“(C) any coin issued under the laws of any State.”
Subsec. (p)(2)(D)(i).Pub. L. 105–34, § 1601(d)(1)(E), inserted at end “If only individuals other than employeesdescribed in subparagraph (A) or (B) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any qualified planin which only employeesso described are eligible to participate.”
Subsec. (p)(2)(D)(iii).Pub. L. 105–34, § 1601(d)(1)(F), added cl. (iii).
Subsec. (p)(5).Pub. L. 105–34, § 1601(d)(1)(G), substituted “simple” for “simplified” in introductory provisions.
Subsec. (p)(8).Pub. L. 105–34, § 1601(d)(1)(D), added par. (8) relating to coordination with maximum limitation under subsection (a).
Pub. L. 105–34, § 1501(b), added par. (8) relating to matching contributionson behalf of self-employed individuals not treated as elective employer contributions.
1996—Subsec. (d)(3)(G).Pub. L. 104–188, § 1421(b)(3)(B), added subpar. (G).
Subsec. (d)(5)(A).Pub. L. 104–188, § 1427(b)(3), substituted “the dollar amount in effect under section 219(b)(1)(A)” for “$2,250” in introductory provisions.
Subsec. (i).Pub. L. 104–188, § 1455(b)(1), inserted “aggregating $10 or more in any calendar year” after “distributions” in introductory provisions.
Pub. L. 104–188, § 1421(b)(6), inserted at end “In the case of a simple retirement accountunder subsection (p), only one report under this subsection shall be required to be submitted each calendar yearto the Secretary (at the time provided under paragraph (2)) but, in addition to the report under this subsection, there shall be furnished, within 30 days after each calendar year, to the individual on whose behalf the account is maintained a statement with respect to the account balance as of the close of, and the account activity during, such calendar year.”
Subsec. (k)(2)(C).Pub. L. 104–188, § 1431(c)(1)(B), substituted “section 414(q)(4)” for “section 414(q)(7)”.
Subsec. (k)(6)(H).Pub. L. 104–188, § 1421(c), added subpar. (H).
Subsec. (l).Pub. L. 104–188, § 1421(b)(5), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsecs. (p), (q).Pub. L. 104–188, § 1421(a), added subsec. (p) and redesignated former subsec. (p) as (q).
1994—Subsec. (k)(8).Pub. L. 103–465 inserted before period at end “; except that any increase in the $300 amount which is not a multiple of $50 shall be rounded to the next lowest multiple of $50”.
1993—Subsec. (k)(3)(C), (6)(D)(ii).Pub. L. 103–66, § 13212(b)(1), substituted “$150,000” for “$200,000”.
Subsec. (k)(8).Pub. L. 103–66, § 13212(b)(2), amended heading and text of par. (8) generally. Prior to amendment, text read as follows: “The Secretary shall adjust the $300 amount in paragraph (2)(C) and the $200,000 amount in paragraphs (3)(C) and (6)(D)(ii) at the same time and in the same manner as under section 415(d), except that in the case of yearsbeginning after 1988, the $200,000 amount (as so adjusted) shall not exceed the amount in effect under section 401(a)(17).”
1992—Subsec. (a)(1).Pub. L. 102–318, § 521(b)(16), substituted “402(c)” for “402(a)(5), 402(a)(7)”.
Subsec. (d)(3)(A)(ii).Pub. L. 102–318, § 521(b)(17), amended clause (ii) generally. Prior to amendment, clause (ii) read as follows: “the entire amount received (including money and any other property) represents the entire amount in the account or the entire value of the annuity and no amount in the account and no part of the value of the annuity is attributable to any source other than a rollover contribution of a qualified total distribution (as defined in section 402(a)(5)(E)(i)) from an employee’s trust described in section 401(a) which is exempt from tax under section 501(a), or an annuity plan described in section 403(a) and any earnings on such sums and the entire amount thereof is paid into another such trust (for the benefit of such individual) or annuity plan not later than the 60th day on which he receives the payment or distribution; or”.
Subsec. (d)(3)(B).Pub. L. 102–318, § 521(b)(18), struck out at end “Clause (ii) of subparagraph (A) shall not apply to any amount paid or distributed out of an individual retirement accountor an individual retirement annuityto which an amount was contributed which was treated as a rollover contribution by section 402(a)(7) (or in the case of an individual retirement annuity, such section as made applicable by section 403(a)(4)(B)).”
Subsec. (d)(3)(F).Pub. L. 102–318, § 521(b)(19), substituted “402(c)(7)” for “402(a)(6)(H)”.
1989—Subsecs. (a)(6), (b)(3).Pub. L. 101–239, § 7811(m)(7), struck out “(without regard to subparagraph (C)(ii) thereof)” after “section 401(a)(9)”.
Subsec. (d)(6).Pub. L. 101–239, § 7841(a)(1), substituted “his spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2)” for “his former spouse under a divorce decree or under a written instrument incident to such divorce”.
1988—Subsec. (d)(2)(C).Pub. L. 100–647, § 1011(b)(1), substituted “in which the taxable yearbegins” for “with or within which the taxable yearends”.
Subsec. (d)(3)(A).Pub. L. 100–647, § 1011A(a)(2)(A), struck out at end “Clause (ii) shall not apply during the 5-yearperiod beginning on the date of the qualified total distribution referred to in such clause if the individual was treated as a 5-percent owner with respect to such distribution under section 402(a)(5)(F)(ii).”
Subsec. (d)(3)(E).Pub. L. 100–647, § 1018(t)(3)(D), substituted “paragraph” for “subparagraph”.
Subsec. (d)(4).Pub. L. 100–647, § 1011(b)(2), substituted “Contributions” for“Excess contributions” in heading, struck out “to the extent that such contribution exceeds the amount allowable as a deduction under section 219” after“individual retirement annuity” in introductory provisions, and substituted “such contribution” for “such excess contribution” in subpars. (B) and (C) and in last sentence.
Subsec. (d)(5).Pub. L. 100–647, § 1011(b)(3), substituted “shall be computed without regard to section 219(g)” for “(after application of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible limitunder section 408(o)(2)(B)” in last sentence.
Subsec. (d)(7).Pub. L. 100–647, § 1011(f)(5), added par. (7).
Subsec. (k)(3)(B).Pub. L. 100–647, § 1011(i)(5), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “For purposes of subparagraph (A)—
“(i) there shall be excluded from considerationemployees described in subparagraph (A) or (C) of section 410(b)(3), and
“(ii) an individual shall be considered a shareholder if he owns (with the application of section 318) more than 10 percent of the value of the stock of the employer.”
Subsec. (k)(3)(C).Pub. L. 100–647, § 1011(f)(3)(C), struck out “total” before“compensation”.
Subsec. (k)(6)(A).Pub. L. 100–647, § 1011(f)(1), substituted “Arrangements which qualify” for “In general” in heading and amended text generally. Prior to amendment, text read as follows: “A simplified employeepension shall not fail to meet the requirements of this subsection for a yearmerely because, under the terms of the pension—
“(i) anemployee may elect to have the employer make payments—
“(I) as elective employer contributions to the simplifiedemployee pension on behalf of theemployee, or
“(II) to theemployee directly in cash,
“(ii) an election described in clause (i)(I) is made or is in effect with respect to not less than 50 percent of theemployees of the employer, and
“(iii) the deferral percentage for suchyear of eachhighly compensated employee eligible to participate is not more than the product derived by multiplying the average of the deferral percentages for such yearof all employees(other thanhighly compensated employees) eligible to participate by 1.25.”
Subsec. (k)(6)(A)(iv).Pub. L. 100–647, § 1011(c)(7)(C), added cl. (iv).
Subsec. (k)(6)(B).Pub. L. 100–647, § 1011(f)(2), inserted “who were eligible to participate (or would have been required to be eligible to participate if a pension was maintained)” after “than 25 employees”.
Subsec. (k)(6)(D)(ii).Pub. L. 100–647, § 1011(f)(3)(A), substituted “(not in excess of the first $200,000)” for “(within the meaning of section 414(s))”.
Subsec. (k)(6)(F), (G).Pub. L. 100–647, § 1011(f)(4), added subpar. (f) and redesignated former subpar. (F) as (G).
Subsec. (k)(7)(B).Pub. L. 100–647, § 1011(f)(3)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The term‘compensation’ means, in the case of an employeewithin the meaning of section 401(c)(1), earned incomewithin the meaning of section 401(c)(2).”
Subsec. (k)(8).Pub. L. 100–647, § 1011(f)(3)(D), (10), substituted “paragraphs (3)(C) and (6)(D)(ii)” for “paragraph (3)(C)” and inserted “, except that in the case of yearsbeginning after 1988, the $200,000 amount (as so adjusted) shall not exceed the amount in effect under section 401(a)(17)” after “under section 415(d)”.
Subsec. (m)(3).Pub. L. 100–647, § 6057(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “In the case of an individual retirement account, paragraph (2) shall not apply to any gold coin described in paragraph (7), (8), (9), or (10) ofsection 5112(a) of title 31 or any silver coin described insection 5112(e) of title 31.”
Subsec. (o)(4)(B)(iv).Pub. L. 100–647, § 1011(b)(1), substituted “in which the taxable yearbegins” for “with or within which the taxable yearends”.
1986—Subsecs. (a)(6), (b)(3).Pub. L. 99–514, § 1852(a)(1), substituted “(without regard to subparagraph (C)(ii) thereof) and the incidental death benefit requirements of section 401(a)” for “(relating to required distributions)”.
Subsec. (c)(1).Pub. L. 99–514, § 1852(a)(7)(A), substituted “paragraphs (1) through (6)” for “paragraphs (1) through (7)”.
Subsec. (d)(1).Pub. L. 99–514, § 1102(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as otherwise provided in this subsection, any amount paid or distributed out of an individual retirement accountor under an individual retirement annuityshall be included in gross income by the payee or distributee, as the case may be, for the taxable yearin which the payment or distribution is received. Notwithstanding any other provision of this title (including chapters 11 and 12), the basis any person in such an account or annuity is zero.”
Subsec. (d)(2).Pub. L. 99–514, § 1102(c), substituted “Special rules for applying section 72” for “Distributions of annuity contracts” in heading and amended par. generally. Prior to amendment, par. (2) read as follows: “Paragraph (1) does not apply to any annuity contract which meets the requirements of paragraphs (1), (3), (4), and (5) of subsection (b) and which is distributed from an individual retirement account. Section 72 applies to any such annuity contract, and for purposes of section 72 the investment in such contract is zero.”
Subsec. (d)(3)(A).Pub. L. 99–514, § 1875(c)(8)(C), inserted at end “Clause (ii) shall not apply during the 5-yearperiod beginning on the date of the qualified total distribution referred to in such clause if the individual was treated as a 5-percent owner with respect to such distribution under section 402(a)(5)(F)(ii).”
Subsec. (d)(3)(A)(ii).Pub. L. 99–514, § 1875(c)(8)(A), (B), struck out “(other than a trust forming part of a plan under which the individual was an employeewithin the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan)” after “section 501(a)” and struck out “(other than a plan under which the individual was an employeewithin the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan)” after “section 403(a)”.
Pub. L. 99–514, § 1121(c)(2), made amendment identical toPub. L. 99–514, § 1875(c)(8)(A), (B), see above.
Subsec. (d)(3)(E).Pub. L. 99–514, § 1852(a)(5)(C), added subpar. (E).
Subsec. (d)(3)(F).Pub. L. 99–514, § 1122(e)(2)(B), added subpar. (F).
Subsec. (d)(5).Pub. L. 99–514, § 1102(b)(2), inserted at end “For purposes of this paragraph, the amount allowable as a deduction under section 219 (after application of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible limitunder section 408(o)(2)(B).”
Subsec. (d)(5)(A).Pub. L. 99–514, § 1875(c)(6)(A), substituted “the dollar limitation in effect under section 415(c)(1)(A) for such taxable year” for “$15,000”.
Subsec. (f).Pub. L. 99–514, § 1123(d)(2), struck out subsec. (f) which related to additional tax on certain amounts included in gross income before age 59½.
Subsec. (i).Pub. L. 99–514, § 1102(e)(2), amended last sentence generally. Prior to amendment, last sentence read as follows: “The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.”
Subsec. (k)(2).Pub. L. 99–514, § 1108(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This paragraph is satisfied with respect to a simplified employeepension for a calendar yearonly if for such yearthe employer contributes to the simplified employeepension of each employeewho—
“(A) has attained age 21, and
“(B) has performed service for the employer during at least 3 of the immediately preceding 5 calendaryears.
For purposes of this paragraph, there shall be excluded from considerationemployees described in subparagraph (A) or (C) of section 410(b)(3).”
Subsec. (k)(2)(A).Pub. L. 99–514, § 1898(a)(5), substituted “age 21” for “age 25”.
Subsec. (k)(3)(A).Pub. L. 99–514, § 1108(g)(4), substituted“year” for “calendar year”.
Pub. L. 99–514, § 1108(g)(1)(A), substituted “any highly compensated employee(within the meaning of section 414(q))” for “any employeewho is—
“(i) an officer,
“(ii) a shareholder,
“(iii) a self-employed individual, or
“(iv) highly compensated”.
Subsec. (k)(3)(C).Pub. L. 99–514, § 1108(g)(1)(B), inserted “and except as provided in subparagraph (D),” and “(other than contributions under an arrangement described in paragraph (6))”, and struck out end sentence which read as follows: “The Secretary shall annually adjust the $200,000 amount contained in the preceding sentence at the same time and in the same manner as he adjusts the dollar amount contained in section 415(c)(1)(A).”
Subsec. (k)(3)(D), (E).Pub. L. 99–514, § 1108(g)(1)(C), added subpar. (D) and struck out former subpar. (D), treatment of certain contributions and taxes, which read “Except as provided in this subparagraph, employer contributions do not meet the requirements of this paragraph unless such contributions meet the requirements of this paragraph without taking into account contributions or benefits under chapter 2 (relating to tax on self-employment income), chapter 21 (relating to Federal Insurance Contribution Act), title II of theSocial Security Act, or any other Federal or State law. If the employer does not maintain an integrated plan at any time during the taxable year, OASDI contributions (as defined in section 401(l)(2)) may, for purposes of this paragraph, be taken into account as contributions by the employer to the employee’s simplified employeepension, but only if such contributions are so taken into account with respect to each employeemaintaining a simplified employeepension.”, and former subpar. (E), integrated plan defined, which read “For purposes of subparagraph (D), the term ‘integrated plan’ means a plan which meets the requirements of section 401(a) or 403(a) but would not meet such requirements if contributions or benefits under chapter 2 (relating to tax on self-employment income), chapter 21 (relating toFederal Insurance Contributions Act), title II of theSocial Security Act, or any other Federal or State law were not taken into account.”
Subsec. (k)(6).Pub. L. 99–514, § 1108(a), added par. (6).
Subsec. (k)(7)(C).Pub. L. 99–514, § 1108(f), added subpar. (C).
Subsec. (k)(8).Pub. L. 99–514, § 1108(e), added par. (8).
Subsec. (k)(9).Pub. L. 99–514, § 1108(g)(6), added par. (9).
Subsec. (m)(3).Pub. L. 99–514, § 1144(a), added par. (3).
Subsecs. (o), (p).Pub. L. 99–514, § 1102(a), added subsec. (o) and redesignated former subsec. (o) as (p).
1984—Subsec. (a)(1).Pub. L. 98–369, § 491(d)(19), substituted “or 403(b)(8)” for “403(b)(8), 405(d)(3), or 409(b)(3)(C)”.
Subsec. (a)(6).Pub. L. 98–369, § 521(b)(1), added par. (6) and struck out former par. (6) which provided that the entire interest of an individual for whose benefit the trust is maintained will be distributed to him not later than the close of his taxable yearin which he attains age 70½, or will be distributed, commencing before the close of such taxable year, in accordance with regulations prescribed by the Secretary, over (A) the life of such individual or the lives of such individual and his spouse, or (B) a period not extending beyond the life expectancy of such individual or the life expectancy of such individual and his spouse.
Subsec. (a)(7).Pub. L. 98–369, § 521(b)(1), struck out par. (7) which provided that if (A) an individual for whose benefit the trust is maintained dies before his entire interest has been distributed to him, or (B) distribution has been commenced as provided in paragraph (6) to his surviving spouse and such surviving spouse dies before the entire interest has been distributed to such spouse, the entire interest (or the remaining part of such interest if distribution thereof has commenced) will be distributed within 5 yearsafter his death (or the death of the surviving spouse). The preceding sentence shall not apply if distributions over a term certain commenced before the death of the individual for whose benefit the trust was maintained and the term certain is for a period permitted under paragraph (6).
Subsec. (b)(3).Pub. L. 98–369, § 521(b)(2), added par. (3) and struck out former par. (3) which provided that the entire interest of the owner will be distributed to him not later than the close of his taxable yearin which he attains age 70½, or will be distributed, in accordance with regulations prescribed by the Secretary, over (A) the life of such owner or the lives of such owner and his spouse, or (B) a period not extending beyond the life expectancy of such owner or the life expectancy of such owner and his spouse.
Subsec. (b)(4), (5).Pub. L. 98–369, § 521(b)(2), redesignated par. (5) as (4) and struck out former par. (4) which provided that if (A) the owner dies before his entire interest has been distributed to him, or (B) distribution has been commenced as provided in paragraph (3) to his surviving spouse and such surviving spouse dies before the entire interest has been distributed to such spouse, the entire interest (or the remaining part of such interest if distribution thereof has commenced) will be distributed within 5 yearsafter his death (or the death of the surviving spouse). The preceding sentence shall not apply if distributions over a term certain commenced before the death of the owner and the term certain is for a period permitted under paragraph (3).
Subsec. (d)(3)(A)(i).Pub. L. 98–369, § 491(d)(20), struck out “or retirement bond” before “for the benefit”.
Subsec. (d)(3)(A)(ii).Pub. L. 98–369, § 522(d)(12), substituted “rollover contribution of a qualified total distribution (as defined in section 402(a)(5)(E)(i)) from an employee’s trust” for “rollover contribution from an employee’s trust”.
Subsec. (d)(3)(B).Pub. L. 98–369, § 491(d)(21), substituted “or an individual retirement annuity” for “, individual retirement annuity, or a retirement bond”.
Subsec. (d)(3)(C), (D).Pub. L. 98–369, § 713(g)(2), designated the subpar. (C), as added bysection 335(a)(1) of Pub. L. 97–248, relating to permitting partial rollovers, as subpar. (D).
Subsec. (d)(3)(D)(ii).Pub. L. 98–369, § 491(d)(22), struck out “bond,” after “annuity,”.
Subsec. (d)(6).Pub. L. 98–369, § 491(d)(23), substituted “or an individual retirement annuity” for “, individual retirement annuity, or retirement bond”, and “or annuity” for “, annuity, or bond”.
Subsec. (h).Pub. L. 98–369, § 713(c)(2)(B), substituted “(as defined in subsection (n))” for “(as defined in section 401(d)(1))”.
Subsec. (i).Pub. L. 98–369, § 147(a), inserted “(and the yearsto which they relate)”.
Subsec. (k)(1).Pub. L. 98–369, § 713(f)(2), amended par. (1) generally, designating existing provisions as subpar. (A) and adding subpar. (B).
Subsec. (k)(3)(C).Pub. L. 98–369, § 713(f)(5)(B), inserted provision which required annual adjustment of the $200,000 amount concurrently with the dollar amount adjustment in section 415(c)(1)(A).
Subsec. (k)(3)(D).Pub. L. 98–369, § 713(j), substituted in penultimate sentence “OASDI contributions (as defined in section 401(l)(2)” for “taxes paid under section 3111 (relating to tax on employers) with respect to an employee” and “as contributions by the employer to the employee’s simplified employeepension, but only if such contributions are so taken into account with respect to each employeemaintaining a simplified employeepension” for “as a contribution by the employer to an employee’s simplified pension” and struck out third sentence which provided “If contributions are made to the simplified employeepension of an owner-employee, the preceding sentence shall not apply unless taxes paid by all such owner-employeesunder chapter 2, and the taxes which would be payable under chapter 2 by such owner-employeesbut for paragraphs (4) and (5) of section 1402(c), are taken into account as contributions by the employer on behalf of such owner-employees.”
Subsec. (k)(3)(E).Pub. L. 98–369, § 491(d)(24), substituted “or 403(a)” for “, 403(a), or 405(a)”.
1983—Subsec. (j).Pub. L. 97–448, § 103(d)(1)(B), substituted “$17,000” for “$15,000” in provisions preceding par. (1).
Subsec. (k)(3)(C)(ii).Pub. L. 97–448, § 103(d)(1)(A), inserted “(other than an employeewithin the meaning of section 401(c)(1))” after “a simplified employeepension on behalf of each employee”.
Subsecs. (m), (n).Pub. L. 97–448, § 103(e)(1), amended directory language ofPub. L. 97–34, § 314(b)(1), thereby correcting subsec. designations. See 1981 Amendment note below for subsecs. (m) and (n).
1982—Subsec. (a)(2).Pub. L. 97–248, § 237(e)(3)(A), substituted reference to subsection (n) of this section, for reference to section 401(d)(1).
Subsec. (a)(7).Pub. L. 97–248, § 243(a)(1), amended par. (7) generally, designating existing provisions as subpars. (A) and (B), in subpar. (B), as so designated, striking out “if” before “distribution”, in provisions following subpar. (B) substituting “will be distributed within 5 yearsafter his death (or the death of the surviving spouse)” for “will, within 5 yearsafter his death (or the death of the surviving spouse), be distributed, or applied to the purchase of an immediate annuity for his beneficiary or beneficiaries (or the beneficiary or beneficiaries of his surviving spouse) which will be payable for the life of such beneficiary or beneficiaries (or for a term certain not extending beyond the life expectancy of such beneficiary or beneficiaries) and which annuity will be immediately distributed to such beneficiary or beneficiaries”, and substituting “shall not apply” for “does not apply”.
Subsec. (b)(4).Pub. L. 97–248, § 243(a)(2), amended par. (4) generally, designating existing provisions, as subpars. (A) and (B), in subpar. (B), as so redesignated, striking out “if” before “distribution”, in provisions following subpar. (B) substituting “will be distributed within 5 yearsafter his death (or the death of the surviving spouse)” for “will, within 5 yearsafter his death (or the death of the surviving spouse), be distributed, or applied to the purchase of an immediate annuity for his beneficiary or beneficiaries (or the beneficiary or beneficiaries of his surviving spouse) which will be payable for the life of such beneficiary or beneficiaries (or for a term certain not extending beyond the life expectancy of such beneficiary or beneficiaries) and which annuity will be immediately distributed to such beneficiary or beneficiaries”, and substituting “shall not apply” for “shall have no application”.
Subsec. (d)(3)(C).Pub. L. 97–248, § 243(b)(1)(A), added subpar. (C) relating to denial of rollover treatment for inherited accounts.
Pub. L. 97–248, § 335(a)(1), added subpar. (C) relating to permitting partial rollovers.
Subsec. (j).Pub. L. 97–248, § 238(d)(3), amended subsec. (j) generally, substituting provisions increasing amount by the amount of the limitation in effect under section 415(c)(1)(A), for provisions increasing amount by substituting “$15,000” for “$2,000”.
Subsec. (k)(1).Pub. L. 97–248, § 238(d)(4)(B), struck out reference to par. (6) of this subsection.
Subsec. (k)(3)(C).Pub. L. 97–248, § 238(d)(4)(C), amended subpar. (C) generally, striking out cl. “(i)” designation and cl. (ii) which related to taking into account compensationin excess of $100,000 with respect to a simplified employeepension.
Subsec. (k)(6).Pub. L. 97–248, § 238(d)(4)(A), struck out par. (6) which related to prohibition on employer maintaining plan to which section 401(j) applies.
Subsecs. (n), (o).Pub. L. 97–248, § 237(e)(3)(B), added subsec. (n) and redesignated former subsec. (n) as (o).
1981—Subsec. (a)(1).Pub. L. 97–34, § 313(b)(2), inserted reference to section 405(d)(3).
Pub. L. 97–34, § 311(g)(1)(A), substituted “$2,000” for “$1,500”.
Subsec. (b).Pub. L. 97–34, § 311(g)(1)(B), substituted in par. (2)(B) and provision following par. (5) “$2,000” for “$1,500”.
Subsec. (d)(4).Pub. L. 97–34, § 311(h)(2), substituted section “219” for “219 or 220” in provision preceding subpar. (A) and in subpar. (B).
Subsec. (d)(5)(A).Pub. L. 97–34, § 312(c)(5), substituted “$15,000” for “$7,500”.
Pub. L. 97–34, § 311(g)(2), (h)(2), substituted “$2,250” for “$1,750” and “219” for “219 or 220” in two places.
Subsec. (j).Pub. L. 97–34, § 312(c)(5), substituted “$15,000” for “$7,500”.
Pub. L. 97–34, § 311(g)(1)(C), substituted “$2,000” for “$1,500”.
Subsec. (k)(3)(C).Pub. L. 97–34, § 312(b)(2), designated provision relating to compensationbearing a uniform relationship to total compensationas cl. (i), and in cl. (i) as so designated, substituted “$200,000” for “$100,000”, and added cl. (ii).
Subsecs. (m), (n).Pub. L. 97–34, § 314(b)(1), as amended byPub. L. 97–448, § 103(e)(1), added subsec. (m) and redesignated former subsec. (m) as (n).
1980—Subsec. (a)(1).Pub. L. 96–222, § 101(a)(14)(B), inserted reference to section 402(a)(7).
Subsec. (d)(5).Pub. L. 96–222, § 101(a)(10)(C), (14)(E)(ii), in subpar. (A) inserted provisions requiring that if employer contributions on behalf of the individual are paid for the taxable yearto a simplified employeepension, the dollar amount of the preceding sentence be increased by the lessor of the amount of such contributions or $7,500 and restructured subpar. (B).
Subsec. (j)(3).Pub. L. 96–222, § 101(a)(10)(J)(i), struck out par. (3) which made reference to paragraph (5) of subsection (b).
Subsec. (k).Pub. L. 96–222, § 101(a)(10)(A), (F), (G), substituted in par. (1) “(5), and (6)” for “and (5)” and in par. (3)(D) “If the employer does not maintain an integrated plan at any time during the taxable year, taxes paid” for “Taxes paid”, inserted in par. (2) provisions requiring that for purposes of this paragraph there be excluded from consideration employeesdescribed in subparagraph (A) or (C) of section 410(b)(2) and pars. (3)(E) and (6), and redesignated former par. (6) as (7).
Subsec. (k)(2), (3)(B)(i).Pub. L. 96–605, § 225(b)(3), (4), substituted “section 410(b)(3)” for “section 410(b)(2)”.
1978—Subsec. (a)(1).Pub. L. 95–600, § 156(c)(3), inserted reference to section 403(b)(8).
Subsec. (b)(2).Pub. L. 95–600, § 157(d)(1), (e)(1)(A), designated existing provisions as subpars. (B) and (C) and added subpar. (A), and in subpar. (B) as so designated, inserted “on behalf of any individual” after “annual premium”, respectively.
Subsec. (d)(3)(A)(iii).Pub. L. 95–600, § 156(c)(1), added cl. (iii).
Subsec. (d)(3)(B).Pub. L. 95–600, § 157(g)(3), (h)(2), inserted provision relating to the applicability of clause (ii) of subparagraph (A) to any amount paid or distributed out of an individual retirement accountor annuity to which an amount was contributed which was treated as a rollover contribution by section 402(a)(7) and substituted “1-yearperiod” for “3-yearperiod”.
Subsec. (d)(4).Pub. L. 95–600, § 703(c)(4), amendedPub. L. 94–455, § 1501(b)(5). See 1976 Amendment note below.
Subsec. (d)(5), (6).Pub. L. 95–600, § 157(c)(1), added par. (5) and redesignated former par. (5) as (6).
Subsecs. (j) to (m).Pub. L. 95–600, § 152(a), added subsecs. (j) to (l) and redesignated former subsec. (j) as (m).
1976—Subsecs. (a)(2), (6), (b).Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (c)(2).Pub. L. 94–455, § 1501(b)(2), substituted “member (or spouse of an employeeor member)” for “member”.
Subsec. (d)(1).Pub. L. 94–455, § 1501(b)(10), substituted “Notwithstanding any other provision of this title (including chapters 11 and 12), the basis” for “The basis”.
Subsec. (d)(4).Pub. L. 94–455, § 1501(b)(5), as amended byPub. L. 95–600, § 703(c)(4), inserted reference to section 220 and substituted “In the case of such a distribution, for purposes of section 61, any net income described in subparagraph (C) shall be deemed to have been earned and receivable in the taxable yearin which such excess contributionis made” for “Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable yearin which received”.
Subsecs. (h), (i).Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Amendment bysection 107(d) of Pub. L. 117–328 applicable to distributions required to be made afterDec. 31, 2022, with respect to individuals who attain age 72 after such date, seesection 107(e) of Pub. L. 117–328, set out as a note undersection 401 of this title.
Amendment bysection 110(d) of Pub. L. 117–328 applicable to contributions made for plan yearsbeginning afterDec. 31, 2023, seesection 110(h) of Pub. L. 117–328, set out as a note undersection 401 of this title.
Amendment by section 116(a), (b)(1) ofPub. L. 117–328 applicable to taxable yearsbeginning afterDec. 31, 2023, seesection 116(c) of Pub. L. 117–328, set out as a note undersection 401 of this title.
Amendment by section 117(a), (c)–(f) ofPub. L. 117–328 applicable to taxable yearsbeginning afterDec. 31, 2023, seesection 117(h) of Pub. L. 117–328, set out as a note undersection 401 of this title.
Pub. L. 117–328, div. T, title III, § 307(c),Dec. 29, 2022,136 Stat. 5345, provided that:
Pub. L. 117–328, div. T, title III, § 322(b),Dec. 29, 2022,136 Stat. 5356, provided that:
Amendment by section 332(a), (b)(2) ofPub. L. 117–328 applicable to plan yearsbeginning afterDec. 31, 2023, seesection 332(c) of Pub. L. 117–328, set out as a note undersection 72 of this title.
Amendment bysection 401(b)(4) of Pub. L. 117–328 effective as if included in the section of div. O ofPub. L. 116–94 to which the amendment relates, seesection 401(c) of Pub. L. 117–328, set out as a note undersection 72 of this title.
Amendment by section 601(b)(3), (c)(1) ofPub. L. 117–328 applicable to taxable yearsbeginning afterDec. 31, 2022, seesection 601(e) of Pub. L. 117–328, set out as a note undersection 402 of this title.
Pub. L. 116–94, div. O, title I, § 101(e),Dec. 20, 2019,133 Stat. 3145, provided that:
Amendment bysection 107(b) of Pub. L. 116–94 applicable to distributions made for taxable yearsbeginning afterDec. 31, 2019, seesection 107(d)(2) of Pub. L. 116–94, set out in a note undersection 219 of this title.
Amendment bysection 114(c) of Pub. L. 116–94 applicable to distributions required to be made afterDec. 31, 2019, with respect to individuals who attain age 70½ after such date, seesection 114(d) of Pub. L. 116–94, set out as a note undersection 401 of this title.
Pub. L. 116–94, div. O, title I, § 116(a)(2),Dec. 20, 2019,133 Stat. 3161, provided that:
Amendment byPub. L. 115–97 applicable to any divorce or separation instrument (as defined in formersection 71(b)(2) of this title as in effect beforeDec. 22, 2017) executed afterDec. 31, 2018, and to such instruments executed on or beforeDec. 31, 2018, and modified afterDec. 31, 2018, if the modification expressly provides that the amendment made bysection 11051 of Pub. L. 115–97 applies to such modification, seesection 11051(c) of Pub. L. 115–97, set out as a note undersection 61 of this title.
Pub. L. 114–113, div. Q, title I, § 112(b),Dec. 18, 2015,129 Stat. 3047, provided that:
Pub. L. 114–113, div. Q, title III, § 306(b),Dec. 18, 2015,129 Stat. 3089, provided that:
Pub. L. 113–295, div. A, title I, § 108(b),Dec. 19, 2014,128 Stat. 4014, provided that:
Amendment bysection 221(a)(53) of Pub. L. 113–295 effectiveDec. 19, 2014, subject to a savings provision, seesection 221(b) of Pub. L. 113–295, set out as a note undersection 1 of this title.
Pub. L. 112–240, title II, § 208(b),Jan. 2, 2013,126 Stat. 2324, provided that:
Pub. L. 111–312, title VII, § 725(b),Dec. 17, 2010,124 Stat. 3316, provided that:
Pub. L. 110–343, div. C, title II, § 205(b),Oct. 3, 2008,122 Stat. 3865, provided that:
Amendment byPub. L. 110–172 effective as if included in the provisions of thePension Protection Act of 2006,Pub. L. 109–280, to which such amendment relates, seesection 3(j) of Pub. L. 110–172, set out as a note undersection 170 of this title.
Amendment byPub. L. 109–432 applicable to taxable yearsbeginning afterDec. 31, 2006, seesection 307(c) of Pub. L. 109–432, set out as a note undersection 223 of this title.
Pub. L. 109–280, title XII, § 1201(c)(1),Aug. 17, 2006,120 Stat. 1066, provided that:
Amendment bysection 404(d) of Pub. L. 108–311 effective as if included in the provisions of theEconomic Growth and Tax Relief Reconciliation Act of 2001,Pub. L. 107–16, to which such amendment relates, seesection 404(f) of Pub. L. 108–311, set out as a note undersection 45A of this title.
Amendment byPub. L. 107–147 effective as if included in the provisions of theEconomic Growth and Tax Relief Reconciliation Act of 2001,Pub. L. 107–16, to which such amendment relates, seesection 411(x) of Pub. L. 107–147, set out as a note undersection 25B of this title.
Amendment bysection 601(b) of Pub. L. 107–16 applicable to taxable yearsbeginning afterDec. 31, 2001, seesection 601(c) of Pub. L. 107–16, set out as a note undersection 219 of this title.
Pub. L. 107–16, title VI, § 602(c),June 7, 2001,115 Stat. 96, provided that:
Amendment by section 611(c)(1), (f)(1), (2), (g)(2) ofPub. L. 107–16 applicable to yearsbeginning afterDec. 31, 2001, seesection 611(i)(1) of Pub. L. 107–16, set out as a note undersection 415 of this title.
Amendment bysection 641(e)(8) of Pub. L. 107–16 applicable to distributions afterDec. 31, 2001, seesection 641(f)(1) of Pub. L. 107–16, set out as a note undersection 402 of this title.
Pub. L. 107–16, title VI, § 642(c),June 7, 2001,115 Stat. 122, provided that:
Amendment bysection 643(c) of Pub. L. 107–16 applicable to distributions made afterDec. 31, 2001, seesection 643(d) of Pub. L. 107–16, set out as a note undersection 401 of this title.
Amendment bysection 644(b) of Pub. L. 107–16 applicable to distributions afterDec. 31, 2001, seesection 644(c) of Pub. L. 107–16, set out as a note undersection 402 of this title.
Amendment bysection 6018(b) of Pub. L. 105–206 effective as if included in the provisions of theSmall Business Job Protection Act of 1996,Pub. L. 104–188, to which such amendment relates, seesection 6018(h) of Pub. L. 105–206, set out as a note undersection 23 of this title.
Amendment by sections 6015(a) and 6016(a)(1) ofPub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of theTaxpayer Relief Act of 1997,Pub. L. 105–34, to which such amendment relates, seesection 6024 of Pub. L. 105–206, set out as a note undersection 1 of this title.
Amendment bysection 302(d) of Pub. L. 105–34 applicable to taxable yearsbeginning afterDec. 31, 1997, seesection 302(f) of Pub. L. 105–34, set out as a note undersection 219 of this title.
Pub. L. 105–34, title III, § 304(b),Aug. 5, 1997,111 Stat. 831, provided that:
Pub. L. 105–34, title XV, § 1501(c)(2),Aug. 5, 1997,111 Stat. 1058, provided that:
Amendment by section 1601(d)(1)(A)–(C)(i), (D)–(G) ofPub. L. 105–34 effective as if included in the provisions of theSmall Business Job Protection Act of 1996,Pub. L. 104–188, to which it relates, seesection 1601(j) of Pub. L. 105–34, set out as a note undersection 23 of this title.
Amendment by section 1421(a), (b)(3)(B), (5), (6), (c) ofPub. L. 104–188 applicable to taxable yearsbeginning afterDec. 31, 1996, seesection 1421(e) of Pub. L. 104–188, set out as a note undersection 72 of this title.
Amendment bysection 1427(b)(3) of Pub. L. 104–188 applicable to taxable yearsbeginning afterDec. 31, 1996, seesection 1427(c) of Pub. L. 104–188, set out as a note undersection 219 of this title.
Amendment bysection 1431(c)(1)(B) of Pub. L. 104–188 applicable to yearsbeginning afterDec. 31, 1996, except that in determining whether an employeeis a highly compensated employeefor yearsbeginning in 1997, such amendment to be treated as having been in effect for yearsbeginning in 1996, seesection 1431(d)(1) of Pub. L. 104–188, set out as a note undersection 414 of this title.
Pub. L. 104–188, title I, § 1455(e),Aug. 20, 1996,110 Stat. 1818, provided that:
Amendment byPub. L. 103–465 applicable to yearsbeginning afterDec. 31, 1994, and, to the extent of providing for the rounding of indexed amounts, not applicable to any yearto the extent the rounding would require the indexed amount to be reduced below the amount in effect for yearsbeginning in 1994, seesection 732(e) of Pub. L. 103–465, set out as a note undersection 401 of this title.
Amendment byPub. L. 103–66 applicable, except as otherwise provided, to benefits accruing in plan yearsbeginning afterDec. 31, 1993, seesection 13212(d) of Pub. L. 103–66, set out as a note undersection 401 of this title.
Amendment byPub. L. 102–318 applicable to distributions afterDec. 31, 1992, seesection 521(e) of Pub. L. 102–318, set out as a note undersection 402 of this title.
Amendment bysection 7811(m)(7) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of theTechnical and Miscellaneous Revenue Act of 1988,Pub. L. 100–647, to which such amendment relates, seesection 7817 of Pub. L. 101–239, set out as a note undersection 1 of this title.
Pub. L. 101–239, title VII, § 7841(a)(3),Dec. 19, 1989,103 Stat. 2428, provided that:
Amendment bysection 1011(c)(7)(C) of Pub. L. 100–647 applicable to plan yearsbeginning afterDec. 31, 1987, with exception in case of a plan described insection 1105(c)(2) of Pub. L. 99–514, seesection 1011(c)(7)(E) of Pub. L. 100–647, set out as a note undersection 401 of this title.
Pub. L. 100–647, title I, § 1011A(a)(2)(B),Nov. 10, 1988,102 Stat. 3472, provided that:
Amendment by sections 1011(b)(1)–(3), (f)(1)–(5), (10), (i)(5) and 1018(t)(3)(D) ofPub. L. 100–647 effective, except as otherwise provided, as if included in the provision of theTax Reform Act of 1986,Pub. L. 99–514, to which such amendment relates, seesection 1019(a) of Pub. L. 100–647, set out as a note undersection 1 of this title.
Pub. L. 100–647, title VI, § 6057(b),Nov. 10, 1988,102 Stat. 3698, provided that:
Amendment by section 1102(a), (b)(2), (c), (e)(2) ofPub. L. 99–514 applicable to contributions and distributions for taxable yearsbeginning afterDec. 31, 1986, seesection 1102(g) of Pub. L. 99–514, set out as a note undersection 219 of this title.
Amendment by section 1108(a), (d)–(g)(1), (4), (6) ofPub. L. 99–514 applicable to yearsbeginning afterDec. 31, 1986, except that section 408(k)(3)(D) and (E) of theInternal Revenue Code of 1954 (as in effect before the amendments made bysection 1108 of Pub. L. 99–514) shall continue to apply for yearsbeginning afterDec. 31, 1986, and beforeJan. 1, 1989, except that employer contributions under an arrangement under section 408(k)(6) of theInternal Revenue Code of 1986 (as added bysection 1108 of Pub. L. 99–514) may not be integrated under section 408(k)(3)(D) and (E) of theInternal Revenue Code of 1954, seesection 1108(h) of Pub. L. 99–514, as amended, set out as a note undersection 219 of this title.
Amendment bysection 1121(c)(2) of Pub. L. 99–514 applicable to yearsbeginning afterDec. 31, 1986, with special provisions for plans maintained pursuant to collective bargaining agreements ratified beforeMar. 1, 1986, and transition rules, seesection 1121(d) of Pub. L. 99–514, set out as a note undersection 401 of this title.
Amendment bysection 1122(e)(2)(B) of Pub. L. 99–514 applicable, except as otherwise provided, to amounts distributed afterDec. 31, 1986, in taxable yearsending after such date, seesection 1122(h) of Pub. L. 99–514, set out as a note undersection 402 of this title.
Amendment bysection 1123(d)(2) of Pub. L. 99–514 applicable to taxable yearsbeginning afterDec. 31, 1986, except as otherwise provided, seesection 1123(e) of Pub. L. 99–514, set out as a note undersection 72 of this title.
Pub. L. 99–514, title XI, § 1144(b),Oct. 22, 1986,100 Stat. 2490, provided that:
Amendment by sections 1852(a)(1), (5)(C), (7)(A) and 1875(c)(8) ofPub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of theTax Reform Act of 1984,Pub. L. 98–369, div. A, to which such amendment relates, seesection 1881 of Pub. L. 99–514, set out as a note undersection 48 of this title.
Amendment bysection 1875(c)(6)(A) of Pub. L. 99–514 effective as if included in the amendments made bysection 238 of Pub. L. 97–248, seesection 1875(c)(12) of Pub. L. 99–514, set out as a note undersection 62 of this title.
Pub. L. 99–514, title XVIII, § 1898(a)(5),Oct. 22, 1986,100 Stat. 2944, provided that the amendment made by that section is effective with respect to plan yearsbeginning afterOct. 22, 1986.
Amendment bysection 147(a) of Pub. L. 98–369 applicable to contributions made afterDec. 31, 1984, seesection 147(d)(1) of Pub. L. 98–369, set out as a note undersection 219 of this title.
Amendment by section 491(d)(19)–(24) ofPub. L. 98–369 applicable to obligations issued afterDec. 31, 1983, seesection 491(f)(1) of Pub. L. 98–369, set out as a note undersection 62 of this title.
Amendment bysection 521(b) of Pub. L. 98–369 applicable to yearsbeginning afterDec. 31, 1984, seesection 521(e) of Pub. L. 98–369, set out as a note undersection 401 of this title.
Amendment bysection 522(d)(12) of Pub. L. 98–369 applicable to distributions made afterJuly 18, 1984, in taxable yearsending after that date, seesection 522(e) of Pub. L. 98–369, set out as a note undersection 402 of this title.
Amendment bysection 713 of Pub. L. 98–369 effective as if included in the provision of theTax Equity and Fiscal Responsibility Act of 1982,Pub. L. 97–248, to which such amendment relates, seesection 715 of Pub. L. 98–369, set out as a note undersection 31 of this title.
Amendment byPub. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of theEconomic Recovery Tax Act of 1981,Pub. L. 97–34, to which such amendment relates, seesection 109 of Pub. L. 97–448, set out as a note undersection 1 of this title.
Amendment by sections 237 and 238 ofPub. L. 97–248 applicable to yearsbeginning afterDec. 31, 1983, seesection 241 of Pub. L. 97–248, set out as an Effective Date note undersection 416 of this title.
Pub. L. 97–248, title II, § 243(c),Sept. 3, 1982,96 Stat. 523, as amended byPub. L. 98–369, div. A, title VII, § 713(g)(1),July 18, 1984,98 Stat. 960, provided that:
Pub. L. 97–248, title III, § 335(b),Sept. 3, 1982,96 Stat. 628, provided that:
Amendment by section 311(g)(1)(A)–(C), (2), (h)(2) ofPub. L. 97–34 applicable to taxable yearsbeginning afterDec. 31, 1981, seesection 311(i) of Pub. L. 97–34, set out as a note undersection 219 of this title.
Amendment by section 312(b)(2), (c)(5) ofPub. L. 97–34 applicable to plans which include employeeswithin the meaning of section 401(c)(1) with respect to taxable yearsbeginning afterDec. 31, 1981, seesection 312(f) of Pub. L. 97–34, set out as a note undersection 72 of this title.
Amendment bysection 313(b)(2) of Pub. L. 97–34 applicable to redemptions afterAug. 13, 1981, in taxable yearsending after such date, seesection 313(c) of Pub. L. 97–34, set out as a note undersection 219 of this title.
Pub. L. 97–34, title III, § 314(b)(2),Aug. 13, 1981,95 Stat. 286, provided that:
Amendment byPub. L. 96–605 applicable with respect to plan yearsbeginning afterDec. 31, 1980, seesection 225(c) of Pub. L. 96–605, set out as a note undersection 401 of this title.
Amendment byPub. L. 96–222 effective, except as otherwise provided, as if it had been included in the provisions of theRevenue Act of 1978,Pub. L. 95–600, to which such amendment relates, seesection 201 of Pub. L. 96–222, set out as a note undersection 32 of this title.
Pub. L. 95–600, title I, § 152(h),Nov. 6, 1978,92 Stat. 2800, provided that:
Amendment by section 156(c)(1), (3) ofPub. L. 95–600 applicable to distributions or transfers made afterDec. 31, 1977, in taxable yearsbeginning after such date, seesection 156(d) of Pub. L. 95–600, set out as a note undersection 403 of this title.
Pub. L. 95–600, title I, § 157(c)(2)(A),Nov. 6, 1978,92 Stat. 2805, provided that:
Pub. L. 95–600, title I, § 157(d)(2),Nov. 6, 1978,92 Stat. 2806, provided that:
Amendment bysection 157(h)(2) of Pub. L. 95–600 applicable to payments made in taxable yearsbeginning afterDec. 31, 1977, seesection 157(h)(3)(A) of Pub. L. 95–600, set out as a note undersection 402 of this title.
Pub. L. 95–600, title I, § 157(e)(2),Nov. 6, 1978,92 Stat. 2806, provided that:
Amendment bysection 157(g)(3) of Pub. L. 95–600 applicable to lump-sum distributions completed afterDec. 31, 1978, in taxable yearsending after such date, seesection 157(g)(4) of Pub. L. 95–600, set out as a note undersection 402 of this title.
Amendment bysection 703(c)(4) of Pub. L. 95–600 applicable to taxable yearsbeginning afterDec. 31, 1976, seesection 703(c)(5) of Pub. L. 95–600, set out as a note undersection 219 of this title.
Amendment by section 1501(b)(2), (5), (10) ofPub. L. 94–455 effective for taxable yearsbeginning afterDec. 31, 1976, seesection 1501(d) of Pub. L. 94–455, set out as a note undersection 62 of this title.
Section applicable to taxableyears beginning afterDec. 31, 1974, seesection 2002(i)(1) of Pub. L. 93–406, set out as a note undersection 219 of this title.
Pub. L. 117–328, div. T, title III, § 324,Dec. 29, 2022,136 Stat. 5358, provided that:
Pub. L. 112–95, title XI, § 1106,Feb. 14, 2012,126 Stat. 152, as amended byPub. L. 113–243, § 1,Dec. 18, 2014,128 Stat. 2863;Pub. L. 114–113, div. Q, title III, § 307(a),Dec. 18, 2015,129 Stat. 3089, provided that:
[Pub. L. 114–113, div. Q, title III, § 307(b),Dec. 18, 2015,129 Stat. 3089, provided that:
Pub. L. 109–280, title VIII, § 830,Aug. 17, 2006,120 Stat. 1002, provided that:
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I ofPub. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan yearbeginning on or afterJan. 1, 1998, seesection 1465 of Pub. L. 104–188, set out as a note undersection 401 of this title.
For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V ofPub. L. 102–318 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan yearbeginning on or afterJan. 1, 1994, seesection 523 of Pub. L. 102–318, set out as a note undersection 401 of this title.
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and1171–1177] or title XVIII [§§ 1800–1899A] ofPub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan yearbeginning on or afterJan. 1, 1989, seesection 1140 of Pub. L. 99–514, as amended, set out as a note undersection 401 of this title.
Pub. L. 95–600, title I, § 157(c)(2)(B),Nov. 6, 1978,92 Stat. 2805, as amended byPub. L. 99–514, § 2,Oct. 22, 1986,100 Stat. 2095, provided that:
Pub. L. 95–600, title I, § 157(d)(3),Nov. 6, 1978,92 Stat. 2806, as amended byPub. L. 99–514, § 2,Oct. 22, 1986,100 Stat. 2095, provided that:
| CFR Title | Parts |
|---|---|
| 26 | 1 |