BTB Stock Income Tax Updates

New Guidance on Premature Distribution Penalty

In Notice 2024-55, the IRS provides guidance on exceptions to the 10% additional tax when taking early permissible retirement plan distributions for emergency personal expenses and for victims of domestic abuse. Qualifying distributions are includible in gross income but are not subject to the 10% additional tax. This was added by the SECURE 2.0 Act of 2022, and the provisions became effective on January 1, 2024.

Emergency personal expense distributions

The notice provides that a taxpayer is permitted to receive a distribution from an applicable eligible retirement plan to meet unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses. The notice:

  • Defines emergency personal expense distributions, including what is an unforeseeable or immediate financial need.
  • Provides that qualified defined contribution plans [including §401(k) plans], §403(a) annuity plans, §403(b) plans, governmental §457(b) plans or IRAs are eligible to permit emergency personal expense distributions.
  • Describes the limitations (both dollar amount and frequency) on receiving emergency personal expense distributions.
  • Provides that individuals receiving emergency personal expense distributions are permitted to repay these distributions to certain plans.

Distributions to victims of domestic abuse

The notice also provides that a taxpayer is permitted to receive a distribution from an applicable eligible retirement plan if made during the one-year period beginning on the date on which the individual is a victim of domestic abuse by a spouse or domestic partner. The notice:

  • Defines domestic abuse victim distributions, including the definition of domestic abuse.
  • Provides that IRAs and certain retirement plans that are not subject to the spousal consent requirements under §401(a)(11) and §417 are eligible to permit domestic abuse victim distributions.
  • Describes the dollar limitation (indexed for inflation) on receiving domestic abuse victim distributions.
  • Provides that domestic abuse individuals are permitted to repay domestic abuse victim distributions to certain plans.

The notice also provides guidance to applicable eligible retirement plans on the plan requirements relating to emergency personal expense distributions and domestic abuse victim distributions, including that it is optional for a plan to permit these types of distributions.

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