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Designated Roth Distribution, Taxation and Reporting
Final Regulations
Highlights of the Rollover Rules
(with citations)
June 22, 2007

IRS final regulations on designated Roth account distributions, taxation, and reporting are found in:
1.402A-1 Q&A 1-14 Designated Roth Accounts
1.402A-2 Q&A 1-4 Reporting and recordkeeping requirements with respect to designated Roth Accounts
1.408A-10 Q&A 1-6 Coordination between designated Roth accounts and Roth IRAs

 


DISTRIBUTION ORIGINATING FROM A DESIGNATED ROTH 401(K) ACCOUNT


 
Direct Rollover
to
Roth 401(k)
Direct Rollover
to
Roth IRA
Participant
Rollover
to
Roth 401(k)
(within 60 days)
Participant
Rollover
to
Roth IRA
(within 60 days)

Ability to Move Designated Roth Contribution

Y
1.402A-1 Q&A 5a
Y
1.408A-10 Q&A 1
N
1.402A-1 Q&A 5a
Y
1.402A-1 Q&A 5a
Ability to Move Earnings on Designated Roth Contribution
Y
1.402A-1 Q&A 5a
Y
1.408A-10 Q&A 1
Y
1.402A-1 Q&A 5a
Y*
1.402A-1 Q&A 5a & d
The Five-Taxable-Year Period Determination

The five-taxable-year period starts on the earlier of:

the first Roth contributions made to the distributing plan, or

the first year of the five-year-period for the Roth contributions made in the receiving plan, if earlier.

1.402A-1 Q&A 4b

Nonqualified Distributions are determined based on the first contribution made to the Roth IRA.

1.408A-10 Q&A 4

Qualified distributions are treated as "basis" in the Roth IRA (and then the ordering rules of Roth IRA apply - if earnings accrued after being in the Roth IRA are not qualified).

The five-taxable-year period starts on the first year of the five-year-period for the Roth contributions made in the receiving plan.

Note: The five-year-taxable period from the distributing plan is not carried over to the recipient plan.

1.402A-1 Q&A 5c

Nonqualified Distributions (earnings only) are determined based on the first contribution made to the Roth IRA.
1.402A-1 Q&A5b
1.408A-10 Q&A 4

Qualified distributions are treated as "basis" in the Roth IRA (and then the ordering rules of Roth IRA apply - if earnings accrued after being in the Roth IRA are not qualified).
Recipent Plan Tracking

The five-taxable-year period starts on the earlier of:
the first Roth contributions made to the distributing plan, or
the first year of the five-year-period for the Roth contributions made in the receiving plan, if earlier.
1.402A-1 Q&A 4b

Five-taxable-year period tracking begins with the start of the Roth IRA. So if a new Roth IRA, then five-year clock starts at that time.

If an existing Roth IRA, the amount rolled in uses the five-year clock of the existing Roth IRA. 1.408A-10 Q&A 4

The five-taxable-year period starts on the first year of the five-year-period for the Roth contributions made in the receiving plan.

Note: The five-year-taxable period from the distributing plan is not carried over to the recipient plan.
1.402A-1 Q&A 5c

Five-taxable-year period tracking begins with the start of the Roth IRA. So if a new Roth IRA, then five-year clock starts at that time.

If an existing Roth IRA, the amount rolled in uses the five-year clock of the existing Roth IRA. 1.408A-10 Q&A 4

Reporting

Roth Amount, Earnings and
the Beginning date of the five-taxable-year-period Information,
or
if a qualified distribution

to be provided within 30 days of the Direct Rollover.

1.402A-2 Q&A 2(a)(1)

 

Roth Amount, Earnings, and
the beginning date of the five-year-taxable period information,
or
if a qualified distribution

to be provided within 30 days of the Direct Rollover.

Note: Although it seems unnecessary to report the first day of the five-year-period when directly rolling to a Roth IRA, the regulations state to provide this in the report when a direct rollover is made from a designated Roth.

Roth Amount, Earnings,

or
if a qualified distribution

to be provided upon request of participant within 30 days of request.

1.402A-2 Q&A 2(a)(1) and 2(b)

New report to be issued by recipient institution; details to be announced by IRS.

1.402A-2 Q&A 3

Roth Amount, Earnings,

or
if a qualified distribution

to be provided upon request of participant within 30 days of request.

1.402A-2 Q&A 2(a)(1) and 2(b)

New report to be issued by recipient institution; details to be announced by IRS.
1.402A-2 Q&A 3

Other

This is the exclusive method to move the after tax portion of the Roth 401(k) to another Roth 401(k).
1.402A-1 Q&A 5a

The AGI limitation for eligibility for a Roth IRA contribution does not apply to the ability to roll a Roth 401(k) into a Roth IRA.
1.408A-10 Q&A 2

A nonqualified distribution of a Roth 401(k) requires a pro rata distribution of earnings and after-tax amounts.
1.402A-2 Q&A 2

The AGI limitation for eligibility for a Roth IRA contribution does not apply to the ability to roll a Roth 401(k) into a Roth IRA.
1.408A-10 Q&A 2


  *
  If partial rollover, then taxable portion of nonqualified distribution is rolled in first.
OTHER ROLLOVER ISSUES
Restriction on Roth IRA
403(b) Plan Rollovers

A Roth IRA may not be rolled into a Roth 401(k) or a Roth 403(b).  

1.408a-10 Q&A 5

The rules applicable to rolling a Roth 403(b) to another Roth 403(b) or to a Roth IRA are similar to the Roth 401(k) rules.

A direct rollover from a Roth 403(b) to a Roth 401(k) or vice versa is permitted by PPA.

Roth 401(k) Final Distribution Regulations Article

Roth 401(k) Final Regulations Article

Bill Grossman, QPA

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