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NOTES:
Source
(Aug. 16, 1954, ch. 736, 68A Stat. 135; , §§ 1,
, Apr. 22, 1960, ; , § 4(c), Oct. 10, 1962, ; , title II, §§ 221(c)(1),
232
(e)(1)–(3), Feb. 26, 1964, , 111; , title III, § 321(b)(1), title V, § 515(a)(1), Dec. 30, 1969, , 643; , title II, §§ 2002(g)(5),
2005
(a), (b)(1), (c)(1), (2), Sept. 2, 1974, , 987, 990, 991: , § 1(a), Apr. 15, 1976, ; , title XIV, § 1402(b)(1)(C), (2), title XV, § 1512(a), title XIX, §§ 1901(a)(57)(A)–(C)(i), 1906(b)(13)(A), Oct. 4, 1976, , 1732, 1742, 1773, 1774, 1834; , title I, § 102(b)(4), May 23, 1977, ; , § 4(a), (c), Oct. 14, 1978, , 1259; , title I, §§ 101(d)(1),
,
157
(f)(1), (g)(1), (h)(1), Nov. 6, 1978, , 2787, 2806–2808; , title I, § 101(a)(14)(C), (E)(i), Apr. 1, 1980, , 205; , § 2(a), Dec. 28, 1980, ; , title III, §§ 311(b)(2), (3)(A), (c),
314
(c)(1), Aug. 13, 1981, , 286; , title I, §§ 101(b),
, (8)(A), (12)(D), Jan. 12, 1983, , 2376, 2377; , div. A, title IV, § 491(c)(2), (d)(9)–(11), title V, § 522(a)(1), (b)–(d)(8), title VII, § 713(c)(3), title X, § 1001(b)(3), (e), July 18, 1984, , 849, 868–870, 957, 1011, 1012; , title II, §§ 204(c)(1), (3), (4),
207
(a), Aug. 23, 1984, , 1449; , title XI, § 11012(c), Apr. 7, 1986, ; , title I, § 104(b)(5), title XI, §§ 1105(a),
1106
(c)(2),
1108
(b),
1112
(c),
1121
(c)(1),
1122
(a), (b)(1)(A), (2), (e)(1), (2)(A), (g), title XVIII, §§ 1852(a)(5)(A), (b)(1)–(7), (c)(5), 1854(f)(2), 1875(c)(1)(A), 1898(a)(2), (3), (c)(1)(A), (7)(A)(i), (e), Oct. 22, 1986, , 2417, 2423, 2432, 2444, 2465, 2466, 2469, 2470, 2865–2867, 2881, 2894, 2942, 2943, 2951, 2954, 2955; , title I, §§ 1011(c)(1)–(6)(B), (11), (h)(4), 1011A(a)(1), (b)(4)(A)–(D), (5)–(8), (10), (c)(9), 1018(t)(8)(A), (C), (u)(1), (6), (7), title VI, § 6068(a), Nov. 10, 1988, , 3464, 3472–3474, 3476, 3589, 3590, 3703; , title VII, § 7811(g)(2), (i)(13), Dec. 19, 1989, , 2411; , title XI, § 11801(c)(9)(I), Nov. 5, 1990, ; , title V, §§ 521(a), (b)(9)–(11), 522(c)(1), July 3, 1992, , 310, 311, 315; , title VII, § 732(c), Dec. 8, 1994, ; , title I, §§ 1401(a)–(b)(2), (13), 1421(b)(3)(A), (9)(B), 1450(a)(2), 1704(t)(68), Aug. 20, 1996, , 1796, 1798, 1814, 1891; , title XV, § 1501(a), Aug. 5, 1997, ; , title VI, § 6005(c)(2)(A), July 22, 1998, ; , title VI, §§ 611(d)(1)–(3)(A), 617(b), (c), 632(a)(3)(G), 636(b)(1), 641(a)(2)(A), (B), (b)(2)–(d), (e)(4)–(6), 643(a), 644(a), 657(b), June 7, 2001, , 98, 105, 114, 117, 119–123, 136; , title IV, § 411(l)(3), (o)(1), (p)(6), (q)(2), Mar. 9, 2002, , 48, 51.)
Amendment of Section
For termination of amendment by section 901 of , see Effective and Termination Dates of 2001 Amendment note below.
, title VI, § 617(b), (c), (f), title IX, § 901, June 7, 2001, , 106, 150, provided that, applicable to taxable years beginning after Dec. 31, 2005, this section is temporarily amended as follows:
(1) in subsection (c)(8)(B), by adding concluding provisions to read as follows:
“If any portion of an eligible rollover distribution is attributable to payments or distributions from a designated Roth account (as defined in section
), an eligible retirement plan with respect to such portion shall include only another designated Roth account and a Roth IRA.”;
(2) in subsection (g)(1)(A), by inserting at end “The preceding sentence shall not apply the portion of such excess as does not exceed the designated Roth contributions of the individual for the taxable year.”; and
(3) in subsection (g)(2)(A), by inserting “(or would be included but for the last sentence thereof)” after “paragraph (1)”.
References in Text
The civil service retirement laws, referred to in subsec. (e)(2), are classified generally to subchapter III (§ 8331 et seq.) of chapter
of Title
, Government Organization and Employees.
Section
(as in effect before the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001), referred to in subsec. (g)(7)(B), means section
of this title prior to its repeal by , title VI, § 632(a)(3)(E), June 7, 2001, .
Subsection (d), referred to in subsec. (i), was amended generally by , title I, § 1401(a), Aug. 20, 1996, , and as so amended, no longer contains a par. (4).
Amendments
2002—Subsec. (c)(2). , § 411(q)(2), inserted at end: “In the case of a transfer described in subparagraph (A) or (B), the amount transferred shall be treated as consisting first of the portion of such distribution that is includible in gross income (determined without regard to paragraph (1)).”
Subsec. (g)(1)(C). , § 411(o)(1), added subpar. (C).
Subsec. (g)(7)(B). , § 411(p)(6), substituted “2001).” for “2001.”
Subsec. (h)(2)(A). , § 411(l)(3), substituted “25 percent” for “15 percent”.
2001—Subsec. (c)(2). , §§ 643(a),
, temporarily inserted at end “The preceding sentence shall not apply to such distribution to the extent—
“(A) such portion is transferred in a direct trustee-to-trustee transfer to a qualified trust which is part of a plan which is a defined contribution plan and which agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible, or
“(B) such portion is transferred to an eligible retirement plan described in clause (i) or (ii) of paragraph (8)(B).”
See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(3). , §§ 644(a),
, temporarily reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to any transfer of a distribution made after the 60th day following the day on which the distributee received the property distributed.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(4)(C). , §§ 636(b)(1),
, temporarily amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “any hardship distribution described in section
.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(8)(B)(v). , §§ 641(a)(2)(A),
, temporarily added cl. (v). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(8)(B)(vi). , §§ 641(b)(2),
, temporarily added cl. (vi). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(9). , §§ 641(d),
, temporarily struck out before period at end “; except that a trust or plan described in clause (iii) or (iv) of paragraph (8)(B) shall not be treated as an eligible retirement plan with respect to such distribution”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (c)(10). , §§ 641(a)(2)(B),
, temporarily added par. (10). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (f)(1). , §§ 641(e)(5),
, temporarily struck out “from an eligible retirement plan” after “rollover distribution” in introductory provisions. See Effective and Termination Dates note below.
Subsec. (f)(1)(A). , §§ 657(b),
, temporarily inserted before comma at end “and that the automatic distribution by direct transfer applies to certain distributions in accordance with section
”. See Effective and Termination Dates of 2001 Amendment note below.
, §§ 641(e)(6),
, temporarily substituted “an eligible retirement plan” for “another eligible retirement plan”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (f)(1)(B). , §§ 641(e)(6),
, temporarily substituted “an eligible retirement plan” for “another eligible retirement plan”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (f)(1)(E). , §§ 641(c),
, temporarily added subpar. (E). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (f)(2)(A). , §§ 641(e)(4),
, temporarily substituted “, paragraph (4) of section
, subparagraph (A) of section
, or subparagraph (A) of section
” for “or paragraph (4) of section
”. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(1). , §§ 611(d)(1),
, temporarily reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Notwithstanding subsections (e)(3) and (h)(1)(B), the elective deferrals of any individual for any taxable year shall be included in such individual’s gross income to the extent the amount of such deferrals for the taxable year exceeds $7,000.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(4). , §§ 611(d)(3)(A),
, temporarily redesignated par. (5) as (4) and struck out heading and text of former par. (4). Text read as follows: “The limitation under paragraph (1) shall be increased (but not to an amount in excess of $9,500) by the amount of any employer contributions for the taxable year described in paragraph (3)(C).” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(5). , §§ 611(d)(3)(A),
, temporarily redesignated par. (6) as (5). Former par. (5) redesignated (4). See Effective and Termination Dates of 2001 Amendment note below.
, §§ 611(d)(2),
, temporarily reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary shall adjust the $7,000 amount under paragraph (1) at the same time and in the same manner as under section
; except that any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.” See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(6). , §§ 611(d)(3)(A),
, temporarily redesignated par. (7) as (6). Former par. (6) redesignated (5). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(7). , §§ 611(d)(3)(A),
, temporarily redesignated par. (8) as (7). See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(7)(B). , §§ 632(a)(3)(G),
, temporarily inserted “(as in effect before the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001” before period at end. See Effective and Termination Dates of 2001 Amendment note below.
Subsec. (g)(8), (9). , §§ 611(d)(3)(A),
, temporarily redesignated par. (9) as (8). Former par. (8) redesignated (7). See Effective and Termination Dates of 2001 Amendment note below.
1998—Subsec. (c)(4)(C). added subpar. (C).
1997—Subsec. (g)(9). added par. (9).
1996—Subsec. (c)(10). , § 1401(b)(2), struck out par. (10) which read as follows:
“(10) Denial of averaging for subsequent distributions.—If paragraph (1) applies to any distribution paid to any employee, paragraphs (1) and (3) of subsection (d) shall not apply to any distribution (paid after such distribution) of the balance to the credit of the employee under the plan under which the preceding distribution was made (or under any other plan which, under subsection (d)(4)(C), would be aggregated with such plan).”
Subsec. (d). , § 1401(a), amended subsec. (d) generally, substituting provisions relating to taxability of beneficiary of certain foreign situs trusts for former provisions relating to tax on lump sum distributions.
Subsec. (e)(3). , § 1450(a)(2), inserted “or which is part of a salary reduction agreement under section
” after “section
)”.
Subsec. (e)(4)(D). , § 1401(b)(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows:
“(D) Lump sum distribution.—For purposes of this paragraph, the term ‘lump sum distribution’ has the meaning given such term by subsection (d)(4)(A) (without regard to subsection (d)(4)(F)).”
Subsec. (e)(5). , § 1401(b)(13), struck out par. (5) which read as follows:
“(5) Taxability of beneficiary of certain foreign situs trusts.—For purposes of subsections (a), (b), and (c), a stock bonus, pension, or profit-sharing trust which would qualify for exemption from tax under section
except for the fact that it is a trust created or organized outside the United States shall be treated as if it were a trust exempt from tax under section
.”
Subsec. (g)(3)(A). , § 1704(t)(68), substituted “subsection (e)(3)” for “subsection (a)(8)”.
Subsec. (g)(3)(D). , § 1421(b)(9)(B), added subpar. (D).
Subsec. (k). , § 1421(b)(3)(A), added subsec. (k).
1994—Subsec. (g)(5). inserted before period at end “; except that any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500”.
1992—Subsecs. (a) to (d). , § 521(a), amended subsecs. (a) to (d) generally, substituting present provisions for former provisions which in subsec. (a) related to taxability of beneficiaries of exempt trusts, in subsec. (b) related to taxability of beneficiaries of nonexempt trusts, in subsec. (c) related to taxability of beneficiaries of certain foreign situs trusts, and subsec. (d) which had been previously repealed.
Subsec. (e). , § 521, amended subsec. (e) generally, substituting provisions relating to other rules applicable to exempt trusts for provisions relating to tax on lump sum distributions.
Subsec. (e)(6). , § 522(c)(1), added par. (6).
Subsec. (f). , § 521(a), amended subsec. (f) generally, substituting present provisions for provisions requiring a different time when explanation was to be provided and a different content of explanation to be given and using different definitions for “eligible rollover distribution” and “eligible retirement plan”.
Subsec. (g)(1). , § 521(b)(9), substituted “subsections (e)(3)” for “subsections (a)(8)”.
Subsec. (i). , § 521(b)(10), substituted “subsection (d)(4)” for “subsection (e)(4)”.
Subsec. (j)(1). , § 521(b)(11), substituted “(e)(4)” for “(a)(1) or (e)(4)(J)”.
1990—Subsec. (a)(3)(B). , § 11801(c)(9)(I)(i), substituted “section
” for “section
”.
Subsec. (a)(6)(B)(i). , § 11801(c)(9)(I)(ii), substituted “section
” for “section
”.
1989—Subsec. (e)(7). , § 7811(i)(13), added par. (7).
Subsec. (g)(3). , § 7811(g)(2), inserted “involving a one-time irrevocable election” after “similar arrangement” in last sentence.
1988—Subsec. (a)(1). , § 1011A(b)(8)(A), substituted “paragraph (4)” for “paragraphs (2) and (4)”.
Subsec. (a)(4). , § 1011A(b)(8)(B), struck out “or (2)” after “under paragraph (1)”.
Subsec. (a)(5)(D)(i). , § 1011A(b)(4)(C), inserted at end “Any distribution described in section
shall be treated as meeting the requirements of subclauses (I) and (II).”
, § 1011A(b)(4)(A), repealed amendment by , § 1122(e)(1), which had amended cl. (i) generally, and provided that the Internal Revenue Code of 1986 shall be applied and administered as if such amendment had not been enacted. See 1986 Amendment note and Effective Date of 1988 Amendment note below.
Subsec. (a)(5)(D)(i)(I). , § 1011A(b)(4)(B), inserted “is payable as provided in clause (i), (iii), or (iv) of subsection (e)(4)(A) (without regard to the second sentence thereof) and” after “(I) such distribution”.
Subsec. (a)(5)(D)(iii). , § 1011A(b)(4)(D), struck out “10-year” after “Denial of” in heading.
Subsec. (a)(5)(F). , § 1011A(a)(1), substituted “resulting in any portion of a distribution being excluded from gross income under subparagraph (A)” for “described in subparagraph (A)”.
Subsec. (a)(6)(C). , § 1011A(b)(8)(C), struck out “paragraph (2) of subsection (a), and” after “paragraph (5)(A) applies,”.
Subsec. (a)(6)(E)(ii). , § 1011A(b)(8)(D), substituted “then paragraphs (1) and (3) of subsection (e) shall” for “then paragraph (2) of subsection (a), and paragraphs (1) and (3) of subsection (e), shall”.
Subsec. (a)(6)(G). , § 1018(t)(8)(A), redesignated subpar. (G), relating to treatment of potential future vesting, as (I).
Subsec. (a)(6)(H)(ii). , § 1011A(b)(5), inserted at end “A deposit shall not be treated as a frozen deposit unless on at least 1 day during the 60-day period described in paragraph (5)(C) (without regard to this subparagraph) such deposit is described in the preceding sentence.”
Subsec. (a)(6)(I). , § 1018(t)(8)(A), redesignated subpar. (G), relating to treatment of potential future vesting, as (I).
Subsec. (b)(2)(A). , § 1011(h)(4), added subpar. (A) and struck out former subpar. (A) which related to trust which is not exempt from tax under section
because plan fails to meet requirements of section
.
Subsec. (b)(2)(B). , § 1011(h)(4), added subpar. (B) and struck out former subpar. (B) which related to failure of plan to meet requirements of section
for more than 1 taxable year.
Subsec. (e)(1)(A). , § 1011A(b)(8)(E), struck out “ordinary income portion of a” after “subparagraph (B)) on the”.
Subsec. (e)(1)(B). , § 1011A(b)(10), inserted at end “For purposes of the preceding sentence, in determining the amount of tax under section
, section
(g) shall be applied without regard to paragraph (2)(B) thereof.”
, § 1018(u)(1), made technical correction to directory language of , § 104(b)(5). See 1986 Amendment note below.
, § 1018(u)(6), related to execution of amendment by , § 1122(b)(2)(B), see 1986 Amendment note below.
Subsec. (e)(3). , § 1018(u)(7), related to execution of amendment by , § 1122(b)(2)(C), see 1986 Amendment note below.
Subsec. (e)(4)(A). , § 1011A(b)(8)(F), in concluding provisions, substituted “A” for “Except for purposes of subsection (a)(2) and section
, a”, and struck out “subsection (a)(2) of this section, and subsection (a)(2) of section
,” before “the balance to”.
Subsec. (e)(4)(B)(i). , § 1011A(b)(6), substituted “employee” for “taxpayer”.
Subsec. (e)(4)(I). , § 1011A(c)(9), struck out “clause (ii) of” after “amounts described in”.
Subsec. (e)(4)(J). , § 1011A(b)(7), amended last sentence generally. Prior to amendment, last sentence read as follows: “To the extent provided by the Secretary, a taxpayer may elect before any distribution not to have this paragraph apply with respect to such distribution.”
Subsec. (e)(4)(L). , § 1011A(b)(8)(G), struck out subpar. (L) which related to election to treat pre-1974 participation as post-1973 participation.
Subsec. (e)(4)(M). , § 1011A(b)(8)(H), struck out “, subsection (a)(2) of this section, and section
” after “of this subsection”.
Subsec. (e)(4)(O). , § 6068(a), added subpar. (O).
Subsec. (e)(5). , § 1011A(b)(8)(I), struck out “and paragraph (2) of subsection (a)” after “of this subsection”.
Subsec. (e)(6)(C). , § 1011A(b)(8)(J), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “For purposes of this paragraph, special lump sum treatment applies to any distribution if any portion of such distribution—
“(i) is taxed under this subsection by reason of an election under paragraph (4)(B), or
“(ii) is treated as long-term capital gain under subsection (a)(2) of this section or section
.”
Subsec. (f)(1). , § 1018(t)(8)(C), substituted “an eligible” for “a eligible”.
Subsec. (g). , § 1011(c)(6)(B), redesignated subsec. (g), relating to effect of disposition of stock by plan on net unrealized appreciation, as (j).
, § 1011(c)(6)(A), redesignated subsec. (g), relating to treatment of self-employed individuals, as (i).
Subsec. (g)(2). , § 1011(c)(2), substituted “Distribution” for “Required distribution” in heading.
Subsec. (g)(2)(C). , § 1011(c)(1), struck out “(and no tax shall be imposed under section
)” after “in gross income”, in cl. (i), substituted “such income is distributed” for “such excess deferral is made” in cl. (ii), and inserted at end “No tax shall be imposed under section
on any distribution described in the preceding sentence.”
Subsec. (g)(2)(D). , § 1011(c)(3), added subpar. (D).
Subsec. (g)(3). , § 1011(c)(4), substituted “this subsection” for “this paragraph”.
, § 1011(c)(11), inserted at end “An employer contribution shall not be treated as an elective deferral described in subparagraph (C) if under the salary reduction agreement such contribution is made pursuant to a one-time irrevocable election made by the employee at the time of initial eligibility to participate in the agreement or is made pursuant to a similar arrangement specified in regulations.”
Subsec. (g)(8)(A)(iii). , § 1011(c)(5)(A), inserted “(determined in the manner prescribed by the Secretary)” after “prior taxable years”.
Subsec. (g)(8)(D). , § 1011(c)(5)(B), added subpar. (D).
Subsec. (i). , § 1011(c)(6)(A), redesignated subsec. (g), relating to treatment of self-employed individuals, as (i).
Subsec. (j). , § 1011(c)(6)(B), redesignated subsec. (g), relating to effect of disposition of stock by plan on net unrealized appreciation, as (j).
1986—Subsec. (a)(2). , § 1122(b)(1)(A), struck out par. (2) relating to capital gains treatment for portion of lump sum distribution.
Subsec. (a)(5)(D)(i). , § 1122(e)(1), amended cl. (i) generally, to read as follows: “Subparagraph (A) shall apply to a partial distribution only if the employee elects to have subparagraph (A) apply to such distribution and such distribution would be a lump sum distribution if subsection (e)(4)(A) were applied—
“(I) by substituting ‘50 percent of the balance to the credit of an employee’ for ‘the balance to the credit of an employee’,
“(II) without regard to clause (ii) thereof, the second sentence thereof, and subparagraph (B) of subsection (e)(4).
Any distribution described in section
shall be treated as meeting the requirements of this clause.” This amendment was repealed by , § 1011A(b)(4)(A). See 1988 Amendment note above.
, § 1852(b)(2), inserted at end “For purposes of subclause (I), the balance to the credit of the employee shall not include any accumulated deductible employee contributions (within the meaning of section
).”
Subsec. (a)(5)(D)(ii). , § 1852(b)(5), substituted “a trust or plan described in subclause (III) or (IV)” for “a plan described in subclause (IV) or (V)”.
Subsec. (a)(5)(D)(iii). , § 1122(b)(2)(A), struck out “and capital gains treatment” in heading and amended text generally. Prior to amendment, cl. (iii) read as follows: “If an election under clause (i) is made with respect to any partial distribution paid to any employee—
“(I) paragraph (2) of this subsection,
“(II) paragraphs (1) and (3) of subsection (e), and
“(III) paragraph (2) of section
,
shall not apply to any distribution (paid after such partial distribution) of the balance to the credit of such employee under the plan under which such partial distribution was made (or under any other plan which, under subsection (e)(4)(C), would be aggregated with such plan).”
Subsec. (a)(5)(E)(v). , § 1852(b)(1), substituted “of all or any portion of” for “of any portion of”.
Subsec. (a)(5)(F). , § 1121(c)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) heading read “Special rules” and text read as follows:
“(i) Transfer treated as rollover contribution under section
“For purposes of this title, a transfer resulting in any portion of a distribution being excluded from gross income under subparagraph (A) to an eligible retirement plan described in subclause (I) or (II) of subparagraph (E)(iv) shall be treated as a rollover contribution described in section
.
“(ii) 5-percent owners
“An eligible retirement plan described in subclause (III) or (IV) of subparagraph (E)(iv) shall not be treated as an eligible retirement plan for the transfer of a distribution if the employee is a 5-percent owner at the time such distribution is made. For purposes of the preceding sentence, the term ‘5-percent owner’ means any individual who is a 5-percent owner (as defined in section
) at any time during the 5 plan years preceding the plan year in which the distribution is made.”
, § 1852(b)(6), in cl. (i) substituted “a transfer resulting in any portion of a distribution being excluded from gross income under subparagraph (A)” for “a transfer described in subparagraph (A)”.
, § 1875(c)(1)(A), amended cl. (ii) generally. Prior to amendment, cl. (ii), key employees, read as follows: “An eligible retirement plan described in subclause (III) or (IV) of subparagraph (E)(iv) shall not be treated as an eligible retirement plan for the transfer of a distribution if any part of the distribution is attributable to contributions made on behalf of the employee while he was a key employee in a top-heavy plan. For purposes of the preceding sentence, the terms ‘key employee’ and ‘top-heavy plan’ have the same respective meanings as when used in section
.”
Subsec. (a)(5)(G). , § 1852(a)(5)(A), added subpar. (G).
Subsec. (a)(6)(D)(v). , § 1852(b)(7), substituted “(7)” for “(7)(B)”.
Subsec. (a)(6)(F). , § 1898(c)(7)(A)(i), substituted “paragraph (5)” for “paragraph (5)(A)”.
Subsec. (a)(6)(G). , § 1898(a)(3), added subpar. (G) relating to treatment of potential future vesting.
added subpar. (G) relating to payments from certain pension plan termination trusts.
Subsec. (a)(6)(H). , § 1122(e)(2)(A), added subpar. (H).
Subsec. (a)(7). , § 1852(b)(4), inserted “; except that a trust or plan described in subclause (III) or (IV) of paragraph (5)(E)(iv) shall not be treated as an eligible retirement plan with respect to such distribution” after “the spouse were the employee”.
Subsec. (a)(9). , § 1898(c)(1)(A), substituted “any alternate payee who is the spouse or former spouse of the participant shall be treated” for “the alternate payee shall be treated”.
Subsec. (b). , § 1112(c), designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2).
, § 1852(c)(5), substituted “section
” for “section
”.
Subsec. (e)(1)(B). , § 1122(b)(2)(B), and , § 1018(u)(6), redesignated subpar. (C) as (B), substituted “Amount of tax” for “Initial separate tax” in heading and “The amount of tax imposed by subparagraph (A)” for “The initial separate tax”, and struck out former subpar. (B) which related to computation of tax on lump sum distributions.
, § 104(b)(5), as amended by , § 1018(u)(1), struck out “the zero bracket amount applicable to such individual for the taxable year plus” after “amount equal to”.
, § 1122(a)(2)(A), (B), substituted “5” for “10” and “1/5” for “one-tenth”.
Subsec. (e)(1)(C) to (E). , § 1122(b)(2)(B)(i), redesignated subpars. (C) to (E) as (B) to (D), respectively.
Subsec. (e)(3). , § 1122(b)(2)(C), and , § 1018(u)(7), substituted “total taxable amount” for “ordinary income portion”.
Subsec. (e)(4)(B). , § 1122(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “For purposes of this section and section
, no amount which is not an annuity contract may be treated as a lump sum distribution under subparagraph (A) unless the taxpayer elects for the taxable year to have all such amounts received during such year so treated at the time and in the manner provided under regulations prescribed by the Secretary. Not more than one election may be made under this subparagraph with respect to any individual after such individual has attained age 591/2. No election may be made under this subparagraph by any taxpayer other than an individual, an estate, or a trust. In the case of a lump sum distribution made with respect to an employee to two or more trusts, the election under this subparagraph shall be made by the personal representative of the employee.”
Subsec. (e)(4)(E). , § 1122(b)(2)(D), struck out subpar. (E) defining “ordinary income portion” with respect to a lump sum distribution.
Subsec. (e)(4)(F). , § 1852(b)(3)(B), struck out subpar. (F) defining “employee”. See subsec. (g) of this section relating to treatment of self-employed individuals.
Subsec. (e)(4)(H). , § 1122(b)(2)(E), struck out “(but not for purposes of subsection (a)(2) or section
)” after “For purposes of this subsection”.
Subsec. (e)(4)(J). , § 1122(g), inserted at end “To the extent provided by the Secretary, a taxpayer may elect before any distribution not to have this paragraph apply with respect to such distribution.”
Subsec. (e)(4)(N). , § 1106(c)(2), added subpar. (N).
Subsec. (e)(6). , § 1898(a)(2), added par. (6).
Subsec. (f)(1). , § 1898(e)(1), substituted “eligible rollover distribution” for “qualifying rollover distribution”.
Subsec. (f)(2). , § 1898(e)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this subsection, the terms ‘qualifying rollover distribution’ and ‘eligible retirement plan’ have the respective meanings given such terms by subsection (a)(5)(E).”
Subsec. (g). , § 1854(f)(2), added subsec. (g) relating to effect of disposition of stock by plan on net unrealized appreciation.
, § 1852(b)(3)(A), added subsec. (g) relating to treatment of self-employed individuals.
, § 1105(a), added subsec. (g) relating to limitation on exclusion for elective deferrals.
Subsec. (h). , § 1108(b), added subsec. (h).
1984—Subsec. (a)(2). , § 1001(b)(3), substituted “6 months” for “1 year”.
Subsec. (a)(5)(A)(i). , § 522(a)(1), substituted “any portion of the balance to the credit of an employee in a qualified trust is paid to him” for “the balance to the credit of an employee in a qualified trust is paid to him in a qualifying rollover distribution”.
Subsec. (a)(5)(B). , § 522(d)(1)(A), (2), substituted “qualified total distribution” for “qualifying rollover distribution”, and inserted “In the case of any partial distribution, the maximum amount transferred to which subparagraph (A) applies shall not exceed the portion of such distribution which is includible in gross income (determined without regard to subparagraph (A)).”
Subsec. (a)(5)(D). , § 522(b), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (a)(5)(D)(iv)(III)–(V). , § 491(d)(9), struck out subcl. (III), which included a retirement bond described in section
within term “eligible retirement plan” and redesignated former subcls. (IV) and (V) and (III) and (IV), respectively.
Subsec. (a)(5)(E). , § 522(b), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Subsec. (a)(5)(E)(i). , § 522(d)(1)(B), substituted “qualified total distribution” for “qualifying rollover distribution” in heading and text.
Subsec. (a)(5)(E)(ii)(II). , § 522(d)(3), substituted “gross income (determined without regard to this paragraph)” for “gross income”.
Subsec. (a)(5)(E)(v). , § 522(d)(4), substituted provision dealing with partial distribution for provision dealing with rollover of partial distributions of deductible employee contributions permitted.
Subsec. (a)(5)(F). , § 522(b), redesignated subpar. (E) as (F).
Subsec. (a)(5)(F)(i). , § 522(d)(5), substituted “subparagraph (E)(iv)” for “subparagraph (D)(iv)”.
, § 491(d)(10), substituted “or (II)” for “, (II), or (III)”.
Subsec. (a)(5)(F)(ii). , § 522(d)(5), substituted “subparagraph (E)(iv)” for “subparagraph (D)(iv)”.
, § 491(d)(11), substituted “(III) or (IV)” for “(IV) and (V)”.
, § 713(c)(3), substituted “Key employees” for “Self-employed individuals and owner-employees” in heading and “attributable to contributions made on behalf of the employee while he was a key employee in a top-heavy plan” for “attributable to a trust forming part of a plan under which the employee was an employee within the meaning of section
at the time contributions were made on his behalf under the plan” in text, and inserted sentence adopting the meaning of “key employee” and “top-heavy plan” used in section
.
Subsec. (a)(6)(A), (B). , § 522(d)(6), substituted “paragraph (5)(E)(i)” for “paragraph (5)(D)(i)”.
Subsec. (a)(6)(D)(iii), (iv). , § 522(d)(7), substituted “employee contributions (or, in the case of a partial distribution, the amount not includible in gross income)” for “employee contributions”.
Subsec. (a)(6)(E)(i). , § 522(d)(1)(C), (8), substituted “qualified total distribution” for “qualifying rollover distribution”, and “paragraph (5)(D) or (5)(E)(i)(II)” for “paragraph (5)(D)(i)(II)”.
Subsec. (a)(6)(F). , § 204(c)(3), added subpar. (F).
Subsec. (a)(7). , § 522(c), substituted provisions relating to rollover where spouse receives distributions after death of employee for provisions dealing with rollover where spouse receives lump-sum distribution at death of employee.
Subsec. (a)(9). , § 204(c)(1), added par. (9).
Subsec. (e)(4)(L). , § 1001(b)(3), substituted “6 months” for “1 year”, applicable to property acquired after June 22, 1984, and before Jan. 1, 1988. See Effective Date of 1984 Amendment note below.
Subsec. (e)(4)(M). , § 204(c)(4), added subpar. (M).
Subsec. (e)(5). , § 491(c)(2), added par. (5).
Subsec. (f). , § 207(a), added subsec. (f).
1983—Subsec. (a)(5)(D)(v). , § 103(c)(8)(A), added cl. (v).
Subsec. (e)(1)(C). , § 101(b), substituted “the zero bracket amount applicable to such an individual for the taxable year” for “$2,300”.
Subsec. (e)(4)(A). , § 103(c)(7), substituted “this subsection, subsection (a)(2) of this section, and subsection (a)(2) of section
” for “this section and section
” in last sentence.
Subsec. (e)(4)(J). , § 103(c)(12)(D), amended , § 311(c)(2) [see 1981 Amendment note below], by substituting “section
” for “section
” in last sentence of subpar. (j).
1981—Subsec. (a)(1). , § 311(c)(1), inserted “(other than deductible employee contributions within the meaning of section
)”.
, § 314(c)(1), struck out “or made available” after “distributed” in three places.
Subsec. (a)(5). , § 311(b)(3)(A), inserted “(other than accumulated deductible employee contributions within the meaning of section
)” after “contributions” in subpar. (B) and added subcl. (III) in subpar. (D).
Subsec. (e)(4). , § 311(b)(2), (c)(2), added to subpar. (A) provision that for purposes of sections
and
, the balance to the credit of the employee does not include the accumulated deductible employee contributions under the plan (within the meaning of section
), and added subpar. (J) provision making subpar. (J) inapplicable to distributions of accumulated deductible employee contributions (within the meaning of section
). See 1983 Amendment note above.
1980—Subsec. (a)(6)(D)(iii). , § 101(a)(14)(E)(i), substituted “may designate” for “many designate”.
Subsec. (a)(6)(E). added subpar. (E).
Subsec. (a)(7)(A)(i). , § 101(a)(14)(C), substituted “qualifying rollover distribution attributable to an employee is paid to the spouse of the employee after” for “lump-sum distribution from a qualified trust is paid to the spouse of the employee on account of”.
1978—Subsec. (a)(5). , § 4(a), among other changes, substituted provision permitting tax-free treatment for any portion of a lump sum distribution from a qualified retirement plan which is deposited in an individual retirement account or another qualifying plan for provision which required transfer of all such property received.
Subsec. (a)(5)(D)(i)(II). , § 157(h)(1), substituted “subparagraphs (B) and (H) of subsection (e)(4)” for “subsection (e)(4)(B)”.
Subsec. (a)(6). , § 4(c), in provision preceding subpar. (A) struck out “For purposes of paragraph (5)(A)(i)”, in subpar. (A) substituted “For purposes of paragraph (5)(D)(i), a complete” for “A complete”, in subpar. (B) inserted “For purposes of paragraph (5)(D)(i)—” after “assets.—” in provision preceding cl. (i), and added subpar. (C).
Subsec. (a)(6)(D). , § 157(f)(1), added subpar. (D).
Subsec. (a)(7). , § 157(g)(1), added par. (7).
Subsec. (a)(8). , § 135(b), added par. (8).
Subsec. (e)(1)(C). , § 101(d)(1), substituted “$2,300” for “$2,200”.
1977—Subsec. (e)(1)(C). substituted “amount equal to $2,200 plus one-tenth of the excess of” for “amount equal to one-tenth of the excess of” in provisions preceding cl. (i).
1976—Subsec. (a)(1). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (a)(2). , § 1402(b)(2), provided that “9 months” would be changed to “1 year”.
, §§ 1402(b)(1)(C),
1906
(b)(13)(A), provided that “6 months” would be changed to “9 months” for taxable years beginning in 1977 and struck out “or his delegate” after “Secretary”.
Subsec. (a)(4). , § 1901(a)(57)(A), substituted “basic pay” for “basic salary”, “civil service retirement laws” for “Civil Service Retirement Act ( U.S.C. 2251)”, and “section
of title
, United States Code” for “section 1(d) of such Act”.
Subsec. (a)(5). , § 1(a)(2), substituted “a payment” for “the lump-sum distribution”.
Subsec. (a)(5)(A). , § 1(a)(1), restructured provision by adding cl. (i) and designating existing provision as cl. (ii).
Subsec. (a)(6). , § 1(a)(3), added par. (6).
Subsec. (a)(6)(A). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (d). , § 1901(a)(57)(B), struck out subsec. (d) which related to certain trust agreements made before Oct. 21, 1942.
Subsec. (e)(2). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (e)(4)(A). , § 1901(a)(57)(C)(i), substituted “Except for purposes of subsection (a)(2) and section
” for “For purposes of this subparagraph”.
Subsec. (e)(4)(B), (J). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (e)(4)(L). , § 1402(b)(2), substituted “1 year” for “9 months”.
, §§ 1402(b)(1)(C),
1512
(a), added subsec. (e)(4)(L) to be applicable to distributions and payments after Dec. 31, 1975, in taxable years beginning after Dec. 31, 1975, and provided that “6 months” would be changed to “9 months” for taxable years beginning in 1977.
1974—Subsec. (a)(2). , § 2005(b)(1), substituted provisions covering capital gains treatment of portions of lump sum distributions determined through the application of a fraction formula susceptible of producing a phaseout of capital gains treatment for provisions covering capital gains treatment of portions of lump sum distributions determined on a fixed formula.
Subsec. (a)(3)(C). , § 2005(c)(1), struck out subsec. (a)(3)(C) which defined “total distribution payable”.
Subsec. (a)(5). , §§ 2002(g)(5),
2005
(c)(2), substituted provisions covering rollover amounts for provisions covering limitation on capital gains treatment.
Subsec. (e). , § 2005(a), substituted provisions covering tax on lump sum distributions for provisions covering plan termination distributions made after Dec. 31, 1953, and before Jan. 1, 1955.
1969—Subsec. (a)(5). , § 515(a)(1), added par. (5).
Subsec. (b). , § 321(b)(1), substituted provision for inclusion of contributions made by an employer to a nonexempt trust in the “gross income of the employee in accordance with section
(relating to property transferred in connection with performance of services), except that the value of the employee’s interest in the trust shall be substituted for the fair market value of the property for purposes of applying such section” for prior provision for inclusion in the “gross income of an employee for the taxable year in which the contribution is made to the trust in the case of an employee whose beneficial interest in such contribution is nonforfeitable at the time the contribution is made”, and provided that distributions of income of such trust before the annuity starting date (as defined in section
) shall be included in the gross income of the employee without regard to section
(relating to amount not received as annuities) and that a beneficiary of any such trust shall not be considered the owner of any portion of such trust under subpart E of part I of subch. J (relating to grantors and others treated as substantial owners).
1964—Subsec. (a)(1). , § 232(e)(1), struck out “except that section
shall not apply” after “(relating to annuities)”.
Subsec. (a)(3)(B). , § 221(c)(1), substituted “subsections (e) and (f) of section
” for “section
and (3)”.
Subsecs. (b), (d). , § 232(e)(2), (3), struck out “except that section
shall not apply” after “(relating to annuities)”.
1962—Subsec. (a)(2). inserted sentence providing that this paragraph shall not apply to distributions paid to any distributee to the extent such distributions are attributable to contributions made on behalf of the employee while he was an employee within the meaning of section
.
1960—Subsec. (a)(1). , § 2(a), substituted “paragraphs (2) and (4)” for “paragraph (2)”.
Subsec. (a)(4). , § 1, added par. (4).
Effective Date of 2002 Amendment
Amendment by effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, , to which such amendment relates, see section 411(x) of , set out as a note under section
of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by section
–(3)(A) of applicable to years beginning after Dec. 31, 2001, see section 611(i)(1) of , set out as a note under section
of this title.
, title VI, § 617(f), June 7, 2001, , provided that: “The amendments made by this section [enacting section
of this title and amending this section and sections
,
, and
of this title] shall apply to taxable years beginning after December 31, 2005.”
Amendment by section 632(a)(3)(G) of applicable to years beginning after Dec. 31, 2001, see section 632(a)(4) of , set out as a note under section
of this title.
, title VI, § 636(b)(2), June 7, 2001, , provided that: “The amendment made by this subsection [amending this section] shall apply to distributions made after December 31, 2001.”
, title VI, § 641(f), June 7, 2001, , provided that:
“(1) Effective date.—The amendments made by this section [amending this section and sections
,
,
,
,
,
,
,
,
, and
of this title] shall apply to distributions after December 31, 2001.
“(2) Reasonable notice.—No penalty shall be imposed on a plan for the failure to provide the information required by the amendment made by subsection (c) [amending this section] with respect to any distribution made before the date that is 90 days after the date on which the Secretary of the Treasury issues a safe harbor rollover notice after the date of the enactment of this Act [June 7, 2001], if the administrator of such plan makes a reasonable attempt to comply with such requirement.
“(3) Special rule.—Notwithstanding any other provision of law, subsections (h)(3) and (h)(5) of section
1122 of the Tax Reform Act of 1986 [, set out as a note below] shall not apply to any distribution from an eligible retirement plan (as defined in clause (iii) or (iv) of section 402(c)(8)(B) of the Internal Revenue Code of 1986) on behalf of an individual if there was a rollover to such plan on behalf of such individual which is permitted solely by reason of any amendment made by this section.”
Amendment by section 643(a) of applicable to distributions made after Dec. 31, 2001, see section 643(d) of , set out as a note under section
of this title.
, title VI, § 644(c), June 7, 2001, , provided that: “The amendments made by this section [amending this section and section
of this title] shall apply to distributions after December 31, 2001.”
Amendment by section 657(b) of applicable to distributions made after final regulations implementing section 657(c)(2)(A) of are prescribed, see section 657(d) of , set out as a note under section
of this title.
Amendment by inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of , set out as a note under section
of this title.
Effective Date of 1998 Amendment
, title VI, § 6005(c)(2)(C), July 22, 1998, , provided that: “The amendments made by this paragraph [amending this section and section
of this title] shall apply to distributions after December 31, 1998.”
Effective Date of 1997 Amendment
Section 1501(c)(1) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1997.”
Effective Date of 1996 Amendment
Section 1401(c) of provided that:
“(1) In general.—The amendments made by this section [amending this section and sections
,
,
,
,
,
,
,
, and
of this title] shall apply to taxable years beginning after December 31, 1999.
“(2) Retention of certain transition rules.—The amendments made by this section shall not apply to any distribution for which the taxpayer is eligible to elect the benefits of section 1122(h)(3) or (5) of the Tax Reform Act of 1986 [, set out below]. Notwithstanding the preceding sentence, individuals who elect such benefits after December 31, 1999, shall not be eligible for 5-year averaging under section 402(d) of the Internal Revenue Code of 1986 (as in effect immediately before such amendments).”
Amendment by section 1421(b)(3)(A), (9)(B) of applicable to taxable years beginning after Dec. 31, 1996, see section 1421(e) of , set out as a note under section
of this title.
Amendment by section 1450(a)(2) of applicable to taxable years beginning after Dec. 31, 1995, see section 1450(a)(3) of , set out in a Modifications of Subsection (b) of This Section note under section
of this title.
Effective Date of 1994 Amendment
Amendment by applicable to years beginning after Dec. 31, 1994, and, to the extent of providing for the rounding of indexed amounts, not applicable to any year to the extent the rounding would require the indexed amount to be reduced below the amount in effect for years beginning in 1994, see section 732(e) of , set out as a note under section
of this title.
Effective Date of 1992 Amendment
Section 521(e) of provided that:
“(1) In general.—The amendments made by this section [amending this section and sections
,
,
,
,
,
,
to
,
,
,
,
,
,
,
,
,
,
,
,
,
, and
of this title] shall apply to distributions after December 31, 1992.
“(2) Special rule for partial distributions.—For purposes of section 402(a)(5)(D)(i)(II) of the Internal Revenue Code of 1986 (as in effect before the amendments made by this section), a distribution before January 1, 1993, which is made before or at the same time as a series of periodic payments shall not be treated as one of such series if it is not substantially equal in amount to other payments in such series.”
Amendment by section 522(c)(1) of applicable, except as otherwise provided, to distributions after Dec. 31, 1992, see section 522(d) of , set out as a note under section
of this title.
Effective Date of 1989 Amendment
Section 7811(i)(13) of provided that the amendment made by that section is effective with respect to taxable years ending after Dec. 19, 1989 (or, at the election of the taxpayer, beginning after Dec. 31, 1986).
Amendment by section 7811(g)(2) of effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, see section 7817 of , set out as a note under section
of this title.
Effective Date of 1988 Amendment
Amendment by sections
–(6)(B), (11), (h)(4), 1011A(a)(1), (b)(4)(A)–(D), (5)–(8), (10), (c)(9), and 1018(t)(8)(A), (C), (u)(1), (6), (7) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see section 1019(a) of , set out as a note under section
of this title.
Section 6068(b) of provided that: “The amendment made by this section [amending this section] shall apply to taxable years ending after December 31, 1984.”
Effective Date of 1986 Amendments
Amendment by section 104(b)(5) of applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of , set out as a note under section
of this title.
Section 1105(c) of , as amended by , title I, § 1011(c)(8), (9), Nov. 10, 1988, , provided that:
“(1) In general.—Except as provided in this subsection, the amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1986.
“(2) Deferrals under collective bargaining agreements.—In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before March 1, 1986, the amendment made by subsection (a) shall not apply to contributions made pursuant to such an agreement for taxable years beginning before the earlier of—
“(A) the date on which such agreement terminates (determined without regard to any extension thereof after February 28, 1986), or
“(B) January 1, 1989.
Such contributions shall be taken into account for purposes of applying the amendment made by this section to other plans.
“(3) Distributions made before plan amendment.—
“(A) In general.—If a plan amendment is required to allow the plan to make any distribution described in section 402(g)(2)(A)(ii) of the Internal Revenue Code of 1986, any such distribution which is made before the close of the 1st plan year for which such amendment is required to be in effect under section
1140 [set out as a note under section
of this title] shall be treated as made in accordance with the provisions of such plan.
“(B) Distributions pursuant to model amendment.—
“(i) Secretary to prescribe amendment.—The Secretary of the Treasury or his delegate shall prescribe an amendment which allows a plan to make any distribution described in section 402(g)(2)(A)(ii) of such Code.
“(ii) Adoption by plan.—If a plan adopts the amendment prescribed under clause (i) and makes a distribution in accordance with such amendment, such distribution shall be treated as made in accordance with the provisions of the plan.
“(4) Special rule for taxable years of partnerships which include january 1, 1987.—In the case of the taxable year of any partnership which begins before January 1, 1987, and ends after January 1, 1987, elective deferrals (within the meaning of section 402(g)(3) of the Internal Revenue Code of 1986) made on behalf of a partner for such taxable year shall, for purposes of section 402(g)(3) of such Code, be treated as having been made ratably during such taxable year.
“(5) Cash or deferred arrangements.—The amendments made by this section [amending this section and section
of this title] shall not apply to employer contributions made during 1987 and attributable to services performed during 1986 under a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) if, under the terms of such arrangement as in effect on August 16, 1986—
“(A) the employee makes an election with respect to such contribution before January 1, 1987, and
“(B) the employer identifies the amount of such contribution before January 1, 1987.
“(6) Reporting requirements.—The amendments made by subsection (b) [amending section
of this title] shall apply to calendar years beginning after December 31, 1986.”
Amendment by section 1106(c)(2) of applicable to years beginning after Dec. 31, 1986, see section 1106(i) of , set out as a note under section
of this title.
Amendment by section 1108(b) of applicable to years beginning after Dec. 31, 1986, see section 1108(h) of , set out as a note under section
of this title.
Amendment by section 1112(c) of applicable to plan years beginning after Dec. 31, 1988, with special rule regarding collective bargaining agreements ratified before Mar. 1, 1986, and with provision for waiver of excise tax on reversions, see section 1112(e) of , set out as a note under section
of this title.
Amendment by section 1121(c)(1) of applicable to years beginning after Dec. 31, 1986, with special provisions for plans maintained pursuant to collective bargaining agreements ratified before Mar. 1, 1986, and transition rules, see section 1121(d) of , set out as a note under section
of this title.
Section 1122(h) of , as amended by , title I, § 1011A(b)(11)–(15), Nov. 10, 1988, , 3475, provided that:
“(1) In general.—Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections
,
, and
of this title] shall apply to amounts distributed after December 31, 1986, in taxable years ending after such date.
“(2) Subsection (c).—
“(A) Subsection (c)(1).—The amendment made by subsection (c)(1) [amending section
of this title] shall apply to individuals whose annuity starting date is after July 1, 1986.
“(B) Subsection (c)(2).—The amendment made by subsection (c)(2) [amending section
of this title] shall apply to individuals whose annuity starting date is after December 31, 1986, except that section 72(b)(3) of the Internal Revenue Code of 1986 (as added by such subsection) shall apply to individuals whose annuity starting date is after July 1, 1986.
“(C) Special rule for amounts not received as annuities.—In the case of any plan not described in section 72(e)(8)(D) of the Internal Revenue Code of 1986 (as added by subsection (c)(3)), the amendments made by subsection (c)(3) [amending section
of this title] shall apply to amounts received after July 1, 1986.
“(3) Special rule for individuals who attained age 50 before january 1, 1986.—
“(A) In general.—In the case of a lump sum distribution to which this paragraph applies—
“(i) the existing capital gains provisions shall continue to apply, and
“(ii) the requirement of subparagraph (B) of section 402(e)(4) of the Internal Revenue Code of 1986 (as amended by subsection (a)) that the distribution be received after attaining age 591/2 shall not apply.
“(B) Computation of tax.—If subparagraph (A) applies to any lump sum distribution of any taxpayer for any taxable year, the tax imposed by section 1 of the Internal Revenue Code of 1986 on such taxpayer for such taxable year shall be equal to the sum of—
“(i) the tax imposed by such section
on the taxable income of the taxpayer (reduced by the portion of such lump sum distribution to which clause (ii) applies), plus
“(ii) 20 percent of the portion of such lump sum distribution to which the existing capital gains provisions continue to apply by reason of this paragraph.
“(C) Lump sum distributions to which paragraph applies.—This paragraph shall apply to any lump sum distribution if—
“(i) such lump sum distribution is received by an employee who has attained age 50 before January 1, 1986 or by an individual, estate, or trust with respect to such an employee, and
“(ii) the taxpayer makes an election under this paragraph.
Not more than 1 election may be made under this paragraph with respect to an employee. An election under this subparagraph shall be treated as an election under section 402(e)(4)(B) of such Code for purposes of such Code.
“(4) 5-year phase-out of capital gains treatment.—
“(A) Notwithstanding the amendment made by subsection (b) [amending this section and section
of this title], if the taxpayer elects the application of this paragraph with respect to any distribution after December 31, 1986, and before January 1, 1992, the phase-out percentage of the amount which would have been treated, without regard to this subparagraph, as long-term capital gain under the existing capital gains provisions shall be treated as long-term capital gain.
“(B) For purposes of this paragraph—
| “In the case of distributions during calendar year: |
The phase-out percentage is: |
|
| 1987 | 100 |
| 1988 | 95 |
| 1989 | 75 |
| 1990 | 50 |
| 1991 | 25. |
“(C) No more than 1 election may be made under this paragraph with respect to an employee. An election under this paragraph shall be treated as an election under section 402(e)(4)(B) of the Internal Revenue Code of 1986 for purposes of such Code.
“(5) Election of 10-year averaging.—An employee who has attained age 50 before January 1, 1986, and elects the application of paragraph (3) or section 402(e)(1) of the Internal Revenue Code of 1986 (as amended by this Act) may elect to have such section applied by substituting ‘10 times’ for ‘5 times’ and ‘1/10’ for ‘1/5’ in subparagraph (B) thereof. For purposes of the preceding sentence, section 402(e)(1) of such Code shall be applied by using the rate of tax in effect under section 1 of the Internal Revenue Code of 1954 for taxable years beginning during 1986 and by including in gross income the zero bracket amount in effect under section 63(d) of such Code for such years. This paragraph shall also apply to an individual, estate, or trust which receives a distribution with respect to an employee described in this paragraph.
“(6) Existing capital gain provisions.—For purposes of paragraphs (3) and (4), the term ‘existing capital gains provisions’ means the provisions of paragraph (2) of section 402(a) of the Internal Revenue Code of 1954 (as in effect on the day before the date of the enactment of this Act [Oct. 22, 1986]) and paragraph (2) of section 403(a) of such Code (as so in effect).
“(7) Subsection (d).—The amendments made by subsection (d) [amending section
of this title] shall apply to taxable years beginning after December 31, 1985.
“(8) Frozen deposits.—The amendments made by subsection (e)(2) [amending this section and section
of this title] shall apply to amounts transferred to an employee before, on, or after the date of the enactment of this Act [Oct. 22, 1986], except that in the case of an amount transferred on or before such date, the 60-day period referred to in section 402(a)(5)(C) of the Internal Revenue Code of 1986 shall not expire before the 60th day after the date of the enactment of this Act.
“(9) Special rule for state plans.—In the case of a plan maintained by a State which on May 5, 1986, permitted withdrawal by the employee of employee contributions (other than as an annuity), section 72(e) of the Internal Revenue Code of 1986 shall be applied—
“(A) without regard to the phrase ‘before separation from service’ in paragraph (8)(D), and
“(B) by treating any amount received (other than as an annuity) before or with the 1st annuity payment as having been received before the annuity starting date.”
Amendment by section
1852
(a)(5)(A), (b)(1)–(7), (c)(5) of effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , div. A, to which such amendment relates, see section 1881 of , set out as a note under section
of this title.
Section 1854(f)(4)(C) of , as amended by , title I, § 1011(c)(6)(C), Nov. 10, 1988, , provided that: “The amendments made by paragraph (2) [amending this section] shall apply to any transaction occurring after December 31, 1984, except that in the case of any transaction occurring before the date of the enactment of this Act [Oct. 22, 1986], the period under which proceeds are required to be invested under section 402(j) of the Internal Revenue Code of 1954 [now 1986] (as added by paragraph (2)) shall not end before the earlier of 1 year after the date of such transaction or 180 days after the date of the enactment of this Act.”
Section 1875(c)(1)(B) of provided that: “The amendments made by subparagraph (A) [amending this section] shall apply to distributions after the date of the enactment of this Act [Oct. 22, 1986]. Such amendments shall apply also to distributions after 1983 and on or before the date of the enactment of this Act to individuals who are not 5-percent owners (as defined in section 402(a)(5)(F)(ii) of the Internal Revenue Code of 1954 [now 1986] (as amended by this paragraph)).”
Amendment by section 1898(a)(2), (3), (c)(7)(A)(i), (e) of effective as if included in the provision of the Retirement Equity Act of 1984, , to which such amendment relates, except as otherwise provided, see section 1898(j) of , set out as a note under section
of this title.
Amendment by section 1898(c)(1)(A) of applicable to payments made after Oct. 22, 1986, see section 1898(c)(1)(C) of , set out as a note under section
of this title.
Amendment by effective Jan. 1, 1986, with certain exceptions, see section 11019 of , set out as a note under section
of Title
, Labor.
Effective Date of 1984 Amendments
Amendment by section 204 of effective Jan. 1, 1985, and amendment by section 207 of applicable to plan years beginning after Dec. 31, 1984, except as otherwise provided, see sections 302 and 303 of , set out as a note under section
of Title
, Labor.
Amendment by section
491
(d)(9)–(11) of applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of , set out as a note under section
of this title.
Section 491(f)(2) of provided that: “The amendment made by subsection (c) [amending this section and section
of this title] shall apply to redemptions after the date of the enactment of this Act [July 18, 1984] in taxable years ending after such date.”
Section 522(e) of , as amended by , title XVIII, § 1852(b)(9), Oct. 22, 1986, , provided that: “The amendments made by this section [amending this section and sections
,
, and
of this title] shall apply to distributions made after the date of the enactment of this Act [July 18, 1984], in taxable years ending after such date.
Section 713(c)(4) of , as added by , title XVIII, § 1875(c)(2), Oct. 22, 1986, , provided that: “The amendment made by paragraph (3) [amending this section] shall apply to distributions after July 18, 1984.”
Amendment by section 1001(b)(3) of applicable to property acquired after June 22, 1984, and before Jan. 1, 1988, see section 1001(e) of , set out as a note under section
of this title.
Effective Date of 1983 Amendment
Amendment by effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, , to which such amendment relates, see section 109 of , set out as a note under section
of this title.
Effective Date of 1981 Amendment
Amendment by section 311(b)(2), (3)(A), (c) of , applicable to taxable years beginning after Dec. 31, 1981, see section 311(i)(1) of , set out as a note under section
of this title.
Section 314(c)(2) of provided that: “The amendment made by paragraph (1) [amending this section] shall apply to taxable years beginning after December 31, 1981.”
Effective Date of 1980 Amendments
Section 2(b) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) In general.—The amendment made by subsection (a) [amending this section] shall apply to payments made in taxable years beginning after December 31, 1978.
“(2) Transitional rule.—In the case of any payment made before January 1, 1982, in a taxable year beginning after December 31, 1978, which is treated as a qualifying rollover distribution (as defined in section 402(a)(5)(D)(i) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) by reason of the amendment made by subsection (a), the applicable period specified in section 402(a)(5)(C) of such Code shall not expire before the close of December 31, 1981.”
Amendment by effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, , to which such amendment relates, see section 201 of , set out as a note under section
of this title.
Effective Date of 1978 Amendment
Amendment by section 101(d) of effective with respect to taxable years beginning after Dec. 31, 1978, see section 101(f)(1) of , set out as a note under section
of this title.
Amendment by section 135(b) of applicable to plan years beginning after December 31, 1979, see section 135(c)(1) of , set out as a note under section
of this title.
Section 157(h)(3)(A) of , as amended by , title I, § 101(a)(14)(A), Apr. 1, 1980, , provided that: “The amendments made by this subsection [amending this section and section
of this title] shall apply to payments made in taxable years beginning after December 31, 1977.”
Section 157(f)(2) of , as amended by , § 2, Oct. 22, 1986, , provided that: “The amendment made by paragraph (1) [amending this section] shall apply to qualifying rollover distributions (as defined in section 402(a)(5)(D)(i) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) completed after December 31, 1978, in taxable years ending after such date.”
Section 157(g)(4) of provided that: “The amendments made by this subsection [amending this section and sections
and
of this title] shall apply to lump-sum distributions completed after December 31, 1978, in taxable years ending after such date.”
Effective Date of 1978 Amendment; Certain Rollovers Validated
Section 4(d) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) In general.—The amendments made by subsections (a), (b), and (c) [amending this section and section
of this title] shall apply with respect to taxable years beginning after December 31, 1974.
“(2) Validation of certain attempted rollovers.—If the taxpayer—
“(A) attempted to comply with the requirements of section 402(a)(5) or 403(a)(4) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] for a taxable year beginning before the date of the enactment of this Act, [Oct. 14, 1978], and
“(B) failed to meet the requirements of such section that all property received in the distribution be transferred,
such section (as amended by this section) shall be applied by treating any transfer of property made on or before December 31, 1978, as if it were made on or before the 60th day after the day on which the taxpayer received such property. For purposes of the preceding sentence, a transfer of money shall be treated as a transfer of property received in a distribution to the extent that the amount of the money transferred does not exceed the highest fair market value of the property distributed during the 60-day period beginning on the date on which the taxpayer received such property.”
Effective Date of 1977 Amendment
Amendment by applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of , set out as a note under section
of this title.
Effective Date of 1976 Amendments
Section 1402(b)(1) of provided that the amendment made by that section is effective with respect to taxable years beginning in 1977.
Section 1402(b)(2) of provided that the amendment made by that section is effective with respect to taxable years beginning after Dec. 31, 1977.
Section 1512(b) of provided that: “The amendment made by this section [amending this section] shall apply to distributions and payments made after December 31, 1975, in taxable years beginning after such date.”
Section 1901(a)(57)(C)(ii) of provided that: “The amendment made by clause (i) [amending this section] shall apply with respect to distributions or payments made after December 31, 1973, in taxable years beginning after such date.”
Amendment by applicable with respect to payments made to an employee on or after July 4, 1974, see section 1(e) of , set out as a note under section
of this title.
Effective Date of 1974 Amendment
Section 2002(i)(3) of , as amended by , § 2, Oct. 22, 1986, , provided that: “The amendments made by subsection (g)(5) and (6) [amending this section and section
of this title] shall apply on and after the date of enactment of this Act [Sept. 2, 1974] with respect to contributions to an employees’ trust described in section 401(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] which is exempt from tax under section 501(a) of such Code or an annuity plan described in section 403(a) of such Code.”
Section 2005(d) of provided that: “The amendments made by this section [amending this section and sections
,
,
,
,
,
,
,
,
,
,
,
,
,
,
1304, and
of this title] shall apply only with respect to distributions or payments made after December 31, 1973, in taxable years beginning after such date.”
Effective Date of 1969 Amendment
Amendment by section 321(b)(1) of applicable with respect to contributions made and premiums paid after Aug. 1, 1969, see section 321(d) of , set out as an Effective Date note under section
of this title.
Section 515(d) of provided that: “The amendments made by this section [amending this section and sections
,
,
,
,
and
1304 of this title] shall apply to taxable years ending after December 31, 1969.”
Effective Date of 1964 Amendment
Amendment by section 221(c)(1) of applicable to taxable years ending after Dec. 31, 1963, see section 221(e) of , set out as a note under section
of this title.
Amendment by section
232
(e)(1)–(3) of applicable to taxable years beginning after Dec. 31, 1963, see section 232(g) of , set out as a note under section
of this title.
Effective Date of 1962 Amendment
Amendment by applicable to taxable years beginning after Dec. 31, 1962, see section 8 of , set out as a note under section
of this title.
Effective Date of 1960 Amendment
Section 3 of provided that: “The amendments made by this Act [amending this section and section
of this title] shall apply only with respect to taxable years beginning after December 31, 1959.”
Regulations
Secretary of the Treasury or his delegate to issue before Feb. 1, 1988, final regulations to carry out amendments made by section 1112 of , see section 1141 of , set out as a note under section
of this title.
Savings Provision
For provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of , set out as a note under section
of this title.
Clarification of Disqualification Rules Relating to Acceptance of Rollover Contributions
Section 1509 of provided that: “The Secretary of the Treasury or his delegate shall clarify that, under the Internal Revenue Service regulations protecting pension plans from disqualification by reason of the receipt of invalid rollover contributions under section 402(c) of the Internal Revenue Code of 1986, in order for the administrator of the plan receiving any such contribution to reasonably conclude that the contribution is a valid rollover contribution it is not necessary for the distributing plan to have a determination letter with respect to its status as a qualified plan under section 401 of such Code.”
Model Explanation
Section 521(d) of provided that: “The Secretary of the Treasury or his delegate shall develop a model explanation which a plan administrator may provide to a recipient in order to meet the requirements of section 402(f) of the Internal Revenue Code of 1986.”
Incorporation by Reference of Subsection (g) Limitations
Section 1011(c)(10) of provided that: “Notwithstanding any other provision of law, a plan may incorporate by reference the dollar limitations under section 402(g) of the Internal Revenue Code of 1986.”
Applicability of Subsection (a)(5)(F)(ii)
Section 1011A(a)(5) of provided that: “Section 402(a)(5)(F)(ii) of the Internal Revenue Code of 1954 shall not apply to distributions after October 22, 1986, and before the 1st taxable year beginning after 1986 which are attributable to benefits which accrued before January 1, 1985.”
Applicability of Subsection (a)(5)(D)(i)(II)
Section 1011A(b)(4)(E) of provided that: “Section 402(a)(5)(D)(i)(II) of the 1986 Code (as in effect after the amendment made by subparagraph (A)) shall not apply to distributions after December 31, 1986, and before March 31, 1988.”
Election To Treat Certain Lump Sum Distributions Received During 1987 as Received During 1986
Section 1124 of , as amended by , title I, § 1011A(d), Nov. 10, 1988, , provided that:
“(a) In General.—If an employee dies, separates from service, or becomes disabled before 1987 and an individual, trust, or estate receives a lump-sum distribution with respect to such employee after December 31, 1986, and before March 16, 1987, on account of such death, separation from service, or disability, then, for purposes of the Internal Revenue Code of 1986, such individual, estate, or trust may treat such distribution as if it were received in 1986.
“(b) Special Rule for Terminated Plan.—In the case of an individual, estate, or trust who receives with respect to an employee a distribution from a terminated plan which was maintained by a corporation organized under the laws of the State of Nevada, the principal place of business of which is Denver, Colorado, and which filed for relief from creditors under the United States Bankruptcy Code on August 28, 1986, the individual, estate, or trust may treat a lump sum distribution received from such plan before June 30, 1987, as if it were received in 1986.
“(c) Lump Sum Distribution.—For purposes of this section, the term ‘lump sum distribution’ has the meaning given such term by section 402(e)(4)(A) of the Internal Revenue Code of 1986, without regard to subparagraph (B) or (H) of section 402(e)(4) of such Code.”
Plan Amendments Not Required Until January 1, 1998
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of , set out as a note under section
of this title.
Plan Amendments Not Required Until January 1, 1994
For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1994, see section 523 of , set out as a note under section
of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of , as amended, set out as a note under section
of this title.
Treatment of Certain Distributions From Qualified Terminated Plan
Section 551 of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(a) In General.—For purposes of the Internal Revenue Code [of] 1986 [formerly I.R.C. 1954], if—
“(1) a distribution was made from a qualified terminated plan to an employee on December 16, 1976, and on January 6, 1977, such employee transferred all of the property received in such distribution to an individual retirement account (within the meaning of section 408(a) of such Code) established for the benefit of such employee, and
“(2) the remaining balance to the credit of such employee in such qualified terminated plan was distributed to such employee on January 21, 1977, and all the property received by such employee in such distribution was transferred by such employee to such individual retirement account on January 21, 1977,
then such distributions shall be treated as qualifying rollover distributions (within the meaning of section 402(a)(5) of such Code) and shall not be includible in the gross income of such employee for the taxable year in which paid.
“(b) Qualified Terminated Plan.—For purposes of this section, the term ‘qualified terminated plan’ means a pension plan—
“(1) with respect to which a notice of sufficiency was issued by the Pension Benefit Guaranty Corporation on December 2, 1976, and
“(2) which was terminated by corporate action on February 20, 1976.
“(c) Refund or Credit of Overpayment Barred by Statute of Limitations.—Notwithstanding section 6511(a) of the Internal Revenue Code of 1986 or any other period of limitation or lapse of time, a claim for credit or refund of overpayment of the tax imposed by such Code which arises by reason of this section may be filed by any person at any time within the 1-year period beginning on the date of enactment of this Act [July 18, 1984]. Sections 6511(b) and 6514 of such Code shall not apply to any claim for credit or refund filed under this subsection within such 1-year period.”
Transitional Rule in Case of Rollover Contributions to employee Trusts or Annuities
Section 157(h)(3)(B) of , as amended by , title I, § 101(a)(14)(A), (D), Apr. 1, 1980, , 205; , § 2, Oct. 22, 1986, , provided that: “In the case of any payment made during 1978 which is described in section 402(a)(5)(A) or 403(a)(4)(A) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] by reason of the amendments made by this subsection [amending sections
and
of this title], the applicable period specified in section 402(a)(5)(C) of such Code (or in the case of an individual retirement annuity, such section as made applicable by section 403(a)(4)(B) of such code) shall not expire before the close of December 31, 1980.”
Transitional Rules Relating to Period for Rollover Contribution
Section 1(d) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) In general.—
“(A) Period for rollover contribution.—In the case of a payment described in section
(other than a payment described in section
as in effect on the day before the date of the enactment of this Act) [Apr. 15, 1976] or section
(other than a payment described in section
as in effect on the day before the date of the enactment of this Act [Apr. 15, 1976] of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to distributions of the balance to the credit of the employee) which is contributed by an employee after the date of the enactment of this Act [Apr. 15, 1976] to a trust, plan, account, annuity, or bond described in section 402(a)(5)(B) or 403(a)(4)(B) of such Code, the applicable period specified in section 402(a)(5)(B) or 403(a)(4)(B) of such Code (relating to rollover distributions to another plan or retirement account) shall not expire before December 31, 1976.
“(B) Time of contribution.—
(i) General rule.—If the initial portion of a payment the applicable period for which is determined under subparagraph (A) is contributed before December 31, 1976, by an individual to a trust, plan, account, annuity, or bond described in subparagraph (A) and the remaining portion of such payment is contributed by such individual to such a trust, plan, account, annuity, or bond not later than 30 days after the date a credit or refund is allowed by the Secretary of the Treasury or his delegate under section 6402 of the Internal Revenue Code of 1986 with respect to the contribution, then, for purposes of subparagraph (A) and sections 402(a)(5) and 403(a)(4) of such Code, at the election of the individual (made in accordance with regulations prescribed by the Secretary or his delegate), such remaining portion shall be considered to have been contributed on the date the initial portion of the payment was contributed. For purposes of this subparagraph, the initial portion of a payment is the amount by which such payment exceeds the amount of the tax imposed on such payment by chapter 1 of such Code (determined without regard to this subparagraph). [chapter
of this title]
“(ii) Regulations.—For purposes of this subparagraph, the tax imposed on a payment by chapter 1 of the Internal Revenue Code of 1986, and the date a credit or refund is allowed by the Secretary of the Treasury or his delegate under section
with respect to a contribution, shall be determined under regulations prescribed by the Secretary of the Treasury or his delegate.
“(C) Period of limitations.—If an individual has made the election provided by subparagraph (B), then—
“(i) the period provided by the Internal Revenue Code of 1986 for the assessment of any deficiency for the taxable year in which the payment described in subparagraph (A) was made and each subsequent taxable year for which tax is determined by reference to the treatment of such payment under such Code or the status under such Code of any trust, plan, account, annuity, or bond described in subparagraph (A) shall, to the extent attributable to such treatment, not expire before the expiration of 3 years from the date the Secretary of the Treasury or his delegate is notified by the individual (in such manner as the Secretary of the Treasury or his delegate may prescribe) that such individual has made (or failed to make) the contribution of the remaining portion of the payment within the period specified in subparagraph (B)(i), and
“(ii) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of section 6212(c) of such Code or the provisions of any other law or rule of law which would otherwise prevent such assessment.
“(2) Rollover contribution for certain property sold.—Sections 402(a)(5)(C) and 403(a)(4)(C) of the Internal Revenue Code of 1986 (relating to the requirement that rollover amount must consist of property received in a distribution) shall not apply with respect to that portion of the property received in a payment described in section
(other than a payment described in section
as in effect on the day before the date of the enactment of this Act [Apr. 15, 1976] or 403(a)(4)(A) (other than a payment described in section
as in effect on the day before the date of the enactment of this Act) [Apr. 15, 1976] of such Code which is sold or exchanged by the employee on or before the date of the enactment of this Act, [Apr. 15, 1976], if the employee transfers an amount of cash equal to the proceeds received from the sale or exchange of such property in excess of the amount considered contributed by the employee (within the meaning of section 402(a)(4)(D)(i) of such Code).
“(3) Nonrecognition of gain or loss.—For purposes of the Internal Revenue Code of 1986 [this title] no gain or loss shall be recognized with respect to the sale or exchange of property described in paragraph (2) if the proceeds of such sale or exchange are transferred by an employee in accordance with this subsection and the applicable provisions of section 402(a)(5) or 403(a)(4) of such Code.”
Section Referred to in Other Sections
This section is referred to in sections
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section
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