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1099R and Net unrealized appreciation

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    1099R and Net unrealized appreciation

    Taxpayer brought in information for review. She has little income but actually a complicated return.

    She divorced many years ago and part of her settlement was retirement investments of her ex's that remained with his administrator but in her name. The total account was $70,000.

    In 2008 her home was destroyed by fire so she took money out of the plan under hardship rules.

    To begin with, I'm assuming part of the plan must have included ESOP because she received a 1099R with(numbers rounded):
    Box 1 - $10,000 (Gross)
    Box 2 - $ 8,500 (Taxable)
    Box 6 - $ 1,500 (Net unrealized appreciation in employer's securities)
    Box 7 - Code 2


    She also received a 1099-B for for the stock that was sold for proceeds of $2,000.


    A 2nd 1099R:
    Box 1 - $60,000
    Box 7 - Code G as she rolled it over into an IRA



    She then took a withdrawal from the IRA with a 3rd 1099R:
    Box 1 - $2,000
    Box 2 - $2,000
    Box 7 - Code 1 early distribution

    She's only 49, so what exceptions to early distributions would apply to the original $10,000 distribution from the 401(k)? If it was originally transferred under a QDRO would this still allow for penalty free withdrawal many years later?
    http://www.viagrabelgiquefr.com/

    #2
    Well, I can only help you with the last part. If you roll money form any other source to an IRA, the IRA distribution rules apply at that point. So, check to see if you can get her off the penalty under one of the IRA exceptions. Maybe the one for medical costs.
    You have the right to remain silent. Anything you say will be misquoted, then used against you.

    Comment


      #3
      it is my understanding that when she took the distribution from QRDO it was not subject to the penalty if she had not rolled it over into her own IRA. now that it is in the IRA it is subject to the IRA rules .

      Comment


        #4
        I am 100% sure that the penalty for the early distribution of the IRA will apply, that is not my question. What I question is if the original distribution from the 401(k) is not subject to the 10% penalty. I have only worked with QDRO agreements that have been rolled over or withdrawn upon divorce.

        Does the exception to the penalty still exist because the 401(k) was transferred by way of QDRO, but never withdrawn or rolled into another account? The divorce and name transfer took place in 1992. Does the time-frame have any bearing?

        How is the basis of the stock calculated? Would the net unrealized appreciation be the gain on the ESOP subject to LT capital gain treatment?
        http://www.viagrabelgiquefr.com/

        Comment


          #5
          Sorry Jesse, I miss understood your question.

          You posted that the 1099R for the 10000.00 has a code 2. That code says that it is an early distribution, exception applies. So, the plan administrator has said that there is no 10% penalty.
          You have the right to remain silent. Anything you say will be misquoted, then used against you.

          Comment


            #6
            Bump.......

            No need to be sorry, I've done that more than once:-)

            Any other thoughts?
            http://www.viagrabelgiquefr.com/

            Comment


              #7
              Bump again

              Any other thoughts?
              http://www.viagrabelgiquefr.com/

              Comment

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