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Guest lskin
Posted

Can an exspouse who receives employer stock from a qualified plan due to a QDRO elect to utilize NUA? If so where can I find this information in writing?

Posted

Yes - but there is nothing in writing other than the general principle that the AP will be taxed as a distributee on the portion of the retirement benefits received under the plan. See IRC 402(e)(1) and instructions for form 4972- electing NUA.

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