Dobber Posted January 28, 2022 Posted January 28, 2022 401k participant has appreciated company stock Separated from service in 2021 He took (in 2021) a distribution of dividends (from employer stock)- It's not clear whether he took the distributions while employer or after severing service. My understanding is (one of the many NUA requirements) is to make lump sump distribution in the a single year. Does him taking a distribution (of dividends) nullify NUA? If so, would he be required to wait under the next "triggering event" to NUA qualify? All help is appreciated.
CuseFan Posted January 28, 2022 Posted January 28, 2022 Isn't a lump sum distribution defined as the balance of the person's account (paid in the same calendar year)? So if the entire balance is distributed in 2022, I don't see how a partial distribution in a prior year DQs it from being a lump sum. Luke Bailey 1 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
EBECatty Posted January 28, 2022 Posted January 28, 2022 Not exactly on point, but PLR 201241019 involved a similar situation with an ESOP participant who diversified in prior years, then took a lump sum upon termination, and the IRS treated it as a lump sum for NUA purposes. Luke Bailey 1
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