In-Kind Distribution of Real Estate

[Guest pm01]

Is there an exception to the 20% withholding requirement for an in-kind distribution of real estate? This is a one person profit sharing plan, this is a partial distribution, the remainder of the benefit will remain in the plan.

[WDIK]

From Temp. Treasury Regulation 35.3405-1T

f–2. Q. How is withholding accomplished if a payee receives only property other than employer securities?

A. A payor or plan administrator must satisfy the obligation to withhold on distributions of property other than employer securities even if this requires selling all or part of the property and distributing the cash remaining after Federal income tax is withheld. However, the payor or plan administrator may instead permit the payee to remit to the payor or plan administrator sufficient cash to satisfy the withholding obligation. Additionally, if a distribution of property other than cash includes property that is not includible in a designated distribution, such as the distribution of U.S. Savings Bonds or an annuity contract, such property need not be sold or redeemed to meet any withholding obligation.