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SEPP/72(t)/72(q) FAQ
Frequently Asked Questions, FAQ
Q.
10% Penalty
: Does anyone know of any actual cases where someone accidentally broke their 72t and were caught by the IRS? What were the actual penalty percentages? Do they ever give someone a break and let them fix it if possible? Do they ever waive the penalties and interest? If someone was taking 72t withdrawals for 7 years and then switched to the MD method and calculated wrong and withdrew $100 too much would the IRS actually charge $100,000 if that was what the interest and penalties would come to?
Q.
5-Year Rule
: Assuming the 5-Year rule, when can payments be modified?
Q.
Account Balance
: Can I vary the plan payments by my account balance?
Q.
Account Balance
: Do All IRA Accounts have to be combined to determine the amount of the distribution?
Q.
Account Balance
: What account balance should be used?
Q.
Account Balance
: What if I run out of money?
Q.
Account
: Can a portion of an IRA account be excluded from the calculations?
Q.
Accounts
: I have a SEPP and have been re-employed and have earned income. Can I make a contribution to an IRA?
Q.
Accounts
: I have a SEPP that used one of my two IRA accounts, can I set up a second SEPP with the other account?
Q.
Accounts
: If I include more than one account, which accounts do I use to make the payments?
Q.
After-Tax Contrbutions
: How are my non-deductible contributions treated?
Q.
Age 55 Exception
: What is the Age 55 Exception to the 10% penalty?
Q.
Age
: How is my age calculated?
Q.
Annuity
: What about IRC Section 72(q) for Non-Qualified Tax-Deferred Annuities?
Q.
Annuity
: What is the impact of Internal Revenue Bulletin: 2004-9, Notice 2004-15 on Non-Qualified Tax-Deferred Annuities?
Q.
BUST
: How do I report a 'Busted' SEPP (2009 Tax Year)?
Q.
Calculators
: Are your Calculators Accurate?
Q.
COLA
: Can a Cost of Living Adjustment (COLA) be included?
Q.
Death or Disability
: What if I die or become disabled?
Q.
Disability
: What is the Definition of Disability for 72(t)?
Q.
Distributions
: Can distributions be made monthly?
Q.
Divorce
: If I get divorced and transfer a portion of the payments to my ex-spouse, will I loose the exemption from the 10% penalty tax?
Q.
Documentation
: Are there any IRS filing requirements?
Q.
Documentation
: What documentation should be maintained for a SEPP plan?
Q.
Interest Rate
: I have been searching for a definition of what exactly is the "federal mid-term rate" Can you tell me where this interest rate comes from?
Q.
Interest Rate
: What is the maximum interest rate that can be used?
Q.
Mortality Table
: Which Mortality Tables can be used?
Q.
Payment Change
: Once started, can I change the payment?
Q.
Plan End
: Once started, how long must I continue the plan?
Q.
PLR
: What is a Private Letter Ruling?
Q.
Recalculate
: Can I recalculate my Life Expectancy using the Amortization or Annuity Methods?
Q.
Withholding
: Is withholding mandatory?
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