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Guest At Peace
Posted

Have a situation where a participant has received a cash-out distribution, but wants to roll it over to another qualified plan.

First, he states he did not receive a 30-day notice regarding the distribution.

In a situation like this, what are the options?

My thinking is as follows:

1. If still within 30 days of receipt of check, contact prior employer and state he did not receive a notice and explain he wants a rollover. Perhaps they can reissue the check.

2. If #1 is not an option, then he can come up with the 20% from another source and roll over 100% within 60 days of receipt of check. When he does his taxes, he may get a refund on part of 20%. (Am assuming the 1099R will reflect the lump sum distribution, not a rollover.)

Question: How is the rollover reported on the personal tax return? Is there a line item for this? (I've never paid attention to this before.)

3. He can, still within 60 days of receiving check, roll over the 80%, therefore he will only be taxed on the 20%. However, when rolled over, is this considered after-tax money and does the accepting plan have to allow for this in plan provisions? Same question as #2, how to report on personal taxes?

I'd appreciate any help you can offer! Thanks!

Posted

Assuming that the participant really did receive adequate notice, (2).

See pages 25-27 of the Form 1040 instructions. http://www.irs.gov/pub/irs-pdf/i1040.pdf

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

#2 is your best option. Yes, there is a line item on 1040. The distribution is reported on 1040 (actually even direct rollovers are supposed to be reported on 1040), but the taxable amount is reported as 0 if he rolled over the entire amount, including the tax withheld, within 60 days.

#3 is also an option. No, it's not considered after-tax. The entire distribution would be reported on 1040, but only 20% of it is taxable.

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