- 6 - annually) made for the life (or life expectancy) of the employee or the joint lives (or joint life expectancies) of such employee and his designated beneficiary * * * Section 72(t)(4)3 dictates, however, that if the series of substantially equal periodic payments (which otherwise is excepted from the 10-percent tax) is subsequently modified (other than by reason of death or disability) within a 5-year period beginning on the date of the first distribution, then the 10-percent tax under 3 Sec. 72(t)(4) states in part: (4) Change in substantially equal payments.-- (A) In general.--If-- (i) paragraph (1) does not apply to a distribution by reason of paragraph (2)(A)(iv), and (ii) the series of payments under such paragraph are subsequently modified (other than by reason of death or disability)-- (I) before the close of the 5-year period beginning with the date of the first payment and after the employee attains age 59-1/2, or (II) before the employee attains age 59-1/2, the taxpayer's tax for the 1st taxable year in which such modification occurs shall be increased by an amount, determined under regulations, equal to the tax which (but for paragraph (2)(A)(iv)) would have been imposed, plus interest for the deferral period.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011