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TD

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  1. If you withdraw from conversion amounts in a ROTH IRA before age 591/2 and have not met the 5-year rule, the conversion amount is subject to the 10% penalty tax because you are not age 591/2 and the earnings on the conversion amount would be taxable, as well as subject to the 10% penalty, correct? But if you are over age 591/2, then no tax or penalty amount applies but you will be taxed on the withdrawal of any earnings because you have not met the 5-year rule, correct? If you withdraw money from a Roth 401k account and you are under age 591/2, you can withdraw contributions without tax or penalty but earnings will be taxes and also subject to 10% penalty, correct?
  2. If I do an in-plan rollover of my 401k account to a designated rollover account in the same plan, is it taxable in the year I do the direct rollover since I am converting pretax money into after tax money?
  3. I understand that an in-plan rollover to a designated Roth account of employer securities is treated as a distribution for the net unrealized appreciation (NUA). What are the implciations of that treatment?
  4. IRS Publication 560, p. 15-16 says an employer must make salary reduction contributions to a SIMPLE IRA within 30 days after the end of the month in which the amounts would have otherwise been payable to the employee. Then it says "Certain plans subject to DOL rules may have an earlier due date for salary reduction contributions." What are these "certain" plans? Is this referring to the DOL safe harbor rule that provides the employee contributions deposited to retirement plans with fewer than 100 participants must be deposited within 7 business days following receipt or withholding by employers? When would the latter not apply since SIMPLE plans apply to businesses with 100 or less employees?
  5. "Simple" question: the instructions in IRS Publication 560, Retirement Plans for Small Businesses, say that contributions to a SIMPLE IRA will not affect the amount an individual can contribute to a Roth or traditional IRA. However, I thought that if you participated in a qualified retirement plan, that affected the deductibility of contributions to a traditional IRA? In addition, I have a question re contributions to IRAs. On page 7 of publication 590-A, it says a trustee or custodian generally cannot accept contributions of more than the deductible amount for the year. But I thought folks may make nondeductible contributions to traditional IRAs, subject to the dollar limits and applicable filing status limits?
  6. Can a company with over 100 employees sponsor a SEP?
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