dmertz
Level 15
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Retirement tax questions

I agree with VolvoGirl regarding #2 that direct rollovers to traditional and Roth IRAs would provide more flexibility than rolling over to another employer's 401(k) plan.  Unless you waive the requirement, the 401(k) plan is required to provide you with a written statement providing the details of your rollover options at least 30 days before making any distribution.  The appendix in IRS Notice 2020-62 provides the safe-harbor explanation that plans use to satisfy this requirement:  https://www.irs.gov/pub/irs-drop/n-20-62.pdf

 

Regarding #3, unless you have a penalty exception that applies, you'll owe a 10% early-distribution penalty on all taxable amounts.  That includes earnings in the designated Roth account.  Only your after-tax contributions will be free of tax and penalty.

 

Regarding #4, receiving a series of substantially equal periodic payments (SEPP) avoids the 10% early-distribution penalty if you do not modify the stream or payments before 5 years or you reach age 59½ whichever is later.  However, it makes no sense to do this if you don't actually need the money to live on.  If you modify the series of payments (other than as permitted with a one-time change to the RMD method of determining the payments) either intentionally or by mistakenly taking more or less from the plan than required, you'll owe a recapture of all of the 10% penalties that were avoided from the previous distributions under the plan.  Doing rollovers to traditional and Roth IRAs instead of doing #4 from the 401(k) plan will give you access to your original Roth contributions free of tax and penalty without doing a SEPP plan and if you later need money from the taxable portions you could establish a SEPP plan from the traditional or Roth IRA (although the periodic amounts would likely be lower due to starting the plan with a lower balance).

 

Tax withholding is nothing more than a down-payment on the tax liability eventually determined on your tax return.  For distributions that are eligible for rollover, the law requires the plan to withhold a minimum of 20% unless directly rolled over to another plan.  (Direct rollover means that the plan pays the distribution directly to the new qualified retirement account such that you never have constructive receipt of the funds rather than making the payment to you which you then roll over within 60 days.)  For a rollover-eligible distribution paid to you, you can provide the plan with a Form W-4P (for periodic payments) of Form W-4R (for nonperiodic payments) to request that more than 20% be withheld.

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