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Level 1
posted Dec 15, 2023 11:09:20 AM

IRA 72(t) SEPP rules for separate accounts

I am 58 (59 next month) and currently have alimony (taxable, prior to 2017) as my only source of income.  I expect additional income in the future but meanwhile I established 72(t) SEPP from my IRA to help pay the bills. I understand I cannot change the balance in the IRA account that the 72(t) payments draw from. My question is, when I do have that additional income, can I make contributions to a separate/new IRA account?

 

0 1 401
1 Best answer
Level 15
Dec 15, 2023 1:41:10 PM

The SEPP plan only applies to the account under which the plan was established.  What to do in a different IRA  account does not affect the SEPP plan.

 

You are not permitted to transfer or roll over any any amount to or from the account which is subject to the SEPP plan.  Nothing other than the SEPP distributions are permitted to be taken from that account within the 5-year period beginning on date of the first SEPP distribution.

 

Without compensation from working, you are not permitted to make an IRA contribution.  Distributions from an IRA or an employer's qualified retirement plan are not compensation.  With regard to alimony, only alimony that is taxable to you is considered to be compensation.  Regarding alimony, IRS Pub 590-A says:

 

For IRA purposes, compensation includes any taxable alimony and separate maintenance payments you receive under a decree of divorce or separate maintenance but only with respect to divorce or separation instruments executed on or before December 31, 2018, that have not been modified to exclude such amounts.

 

So it seems that your alimony will count as compensation.

1 Replies
Level 15
Dec 15, 2023 1:41:10 PM

The SEPP plan only applies to the account under which the plan was established.  What to do in a different IRA  account does not affect the SEPP plan.

 

You are not permitted to transfer or roll over any any amount to or from the account which is subject to the SEPP plan.  Nothing other than the SEPP distributions are permitted to be taken from that account within the 5-year period beginning on date of the first SEPP distribution.

 

Without compensation from working, you are not permitted to make an IRA contribution.  Distributions from an IRA or an employer's qualified retirement plan are not compensation.  With regard to alimony, only alimony that is taxable to you is considered to be compensation.  Regarding alimony, IRS Pub 590-A says:

 

For IRA purposes, compensation includes any taxable alimony and separate maintenance payments you receive under a decree of divorce or separate maintenance but only with respect to divorce or separation instruments executed on or before December 31, 2018, that have not been modified to exclude such amounts.

 

So it seems that your alimony will count as compensation.