- 15 - Section 402(a)(1), as amended by section 314(c)(1) of the Economic Recovery Tax Act of 1981 (ERTA), Pub. L. 97-34, 95 Stat. 172, 286, provides that a distributee is taxed on benefits under a qualified retirement plan in the tax year in which those benefits are "actually distributed". Prior to the 1981 amendment, section 402(a)(1) provided that amounts held in an employees' trust were taxable "when actually paid, distributed, or when made available to the distributee."6 The phrase "when made available" was deleted by ERTA section 314(c)(1) in order to alleviate a significant administrative burden for qualified plans which had undertaken to protect employees from taxation under section 402(a)(1) by developing a complex array of restrictions on an employee's right to make withdrawals from a qualified plan. Staff of Joint Comm. on Taxation, General Explanation of the Economic Recovery Tax Act of 1981, at 214 (J. Comm. Print 1981); see Clayton v. United States, 33 Fed. Cl. 628, 636 (1995) ("prior 6 Sec. 1.402(a)-1(a)(5), Income Tax Regs., which has not been amended to reflect the 1981 change, states: "If pension or annuity payments or other benefits are paid or made available to the beneficiary of a deceased employee or a deceased retired employee by a trust described in section 401(a) which is exempt under section 501(a), such amounts are taxable in accordance with the rules of section 402(a) and this section." Sec. 1.402(a)- 1(a)(6)(i), Income Tax Regs., which has also not been amended to reflect the 1981 change, states: "The total distributions payable are includible in the gross income of the distributee within one taxable year if they are made available to such distributee and the distributee fails to make a timely election under section 72(h) to receive an annuity in lieu of such total distributions."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011