Tax Breaks for Working People

Recent changes (from SECURE 2.0 Act) add new exceptions for early 1099-R withdrawals, specifically for domestic abuse victims (after Dec. 31, 2023) and emergency personal expenses (after Dec. 31, 2023), allowing penalty-free distributions if requirements are met, with guidance in IRS Notice 2024-55  detailing these and clarifying that plans don't need immediate amendments, IRS website.

Here's a breakdown of key changes and existing exceptions:

New Exceptions (Effective for Distributions After 2023)

  • Domestic Abuse: Distributions to victims (from a spouse or partner) are exempt if certain conditions are met, IRS Publication 590-B.
  • Emergency Personal Expenses: Distributions for specific unforeseen personal emergencies are also exempt, with rules detailed in IRS Notice 2024-55.
  • Plan Flexibility: It's optional for plans to offer these new exceptions, and formal plan changes aren't required until at least the end of 2026, says this Journal of Accountancy article.

Key Existing Exceptions (Still Apply)

  • Health: Unreimbursed medical expenses over a certain AGI percentage or health insurance premiums while unemployed.
  • Disability/Death: Distributions due to total and permanent disability or the IRA owner's death.
  • Substantially Equal Periodic Payments (SEPPs): A series of payments for your life or life expectancy, guided by IRS Notice 2022-6.
  • Education/Home: Qualified higher education expenses or up to $10,000 for a first-time home purchase.
  • Birth/Adoption: Up to $5,000 for qualified birth or adoption distributions.
  • Other: IRS levy, separation from service after age 55 (or 50 for public safety), and reservist distributions.

How it Affects Your 1099-R

  • Your plan administrator sends Form 1099-R showing the distribution.
  • Box 7 indicates the distribution code (e.g., Code 1 for early, no known exception; Code 2 for early, exception applies).
  • You'll use Form 5329 to claim exceptions