-6- additional tax on early distributions imposed by section 72(t)(1). Initially, the Internal Revenue Service promulgated guidance concerning the exception for substantially equal periodic payments in Notice 89-25, Q&A-12, 1989-1 C.B. 662, 666. That notice states that payments will be considered to be substantially equal periodic payments if the annual payment is determined by one of three methods: (1) Under a method that would be acceptable for purposes of calculating the minimum distribution required under section 401(a)(9); (2) by amortizing the taxpayer's account balance over the life expectancy of the account owner or the joint life and last survivor expectancy of the account owner and beneficiary at an interest rate that does not exceed a reasonable interest rate on the date payments commence; or (3) by dividing the taxpayer's account balance by an annuity factor (the present value of an annuity of $1 per year beginning at the taxpayer's age attained in the first distribution year and continuing for the life of the taxpayer) with such annuity factors derived using a reasonable mortality table and using an interest rate that does not exceed a reasonable interest rate on the date payments commence. Notice 89-25, supra, also refers to the so-called recapture rule set forth in section 72(t)(4) which applies if the series of periodic payments is subsequently modified (other than by deathPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008