JOH Posted January 27, 2021 Posted January 27, 2021 Does anyone know, I know that there is not a distribution hierarchy for withdraws from Designated Roth 401(k) plans, unlike a Roth IRA (contributions, rollovers, than gains). But on a withdraw from a Designated Roth 401(k), if the Roth is made of $10,000 salary deferral, $10,000 gains and $10,000 IRR(Internal Roth Rollover), and a client does a distribution of $3,000, would the distribution source have to be $1,000 from the salary deferral, $1,000 from gains, and $1,000 from the IRR; even though the IRR has not satisfied the 5 year rule. Or could the distribution source be $1,500 from salary deferral and $1,500 from gain?
Luke Bailey Posted January 29, 2021 Posted January 29, 2021 On 1/27/2021 at 1:51 PM, JOH said: Does anyone know, I know that there is not a distribution hierarchy for withdraws from Designated Roth 401(k) plans, unlike a Roth IRA (contributions, rollovers, than gains). But on a withdraw from a Designated Roth 401(k), if the Roth is made of $10,000 salary deferral, $10,000 gains and $10,000 IRR(Internal Roth Rollover), and a client does a distribution of $3,000, would the distribution source have to be $1,000 from the salary deferral, $1,000 from gains, and $1,000 from the IRR; even though the IRR has not satisfied the 5 year rule. Or could the distribution source be $1,500 from salary deferral and $1,500 from gain? JOH, I started a discussion of this a few years ago on this Forum. I don't think the IRS has a rule/established hierarchy, so it is up to the plan. Probably best practice is to say in plan document that it will be done according to a policy, and then have a written policy. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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