US Internal Revenue Service: I4972 - 1992

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Department of the Treasury

Internal Revenue Service

Instructions for Form 4972


Tax on Lump-Sum Distributions
(Section references are to the Internal Revenue Code.)

General Instructions Instructions for Form 5329 and Pub. to the participant does not include any
575, Pension and Annuity Income accumulated deductible employee
Paperwork Reduction Act (Including Simplified General Rule). contributions under the plan.
Notice 4. The distribution was paid within a
We ask for the information on this Who Can Use the Form single tax year.
form to carry out the Internal Revenue You can use Form 4972 if you 5. The participant was in the plan
laws of the United States. You are received a qualifying distribution in for 5 or more tax years before the tax
required to give us the information. We 1992 and meet the age requirement. year of distribution unless the
need it to ensure that you are Also, you must meet the conditions distribution was paid because the
complying with these laws and to explained on page 2 under How Often participant died.
allow us to figure and collect the right You Can Choose. 6. The distribution was paid in any
amount of tax. If you were a plan participant and of the following cases:
The time needed to complete this received the distribution, you must a. The plan participant died.
form will vary depending on individual have been born before 1936; b. The participant was age 591⁄2 or
circumstances. The estimated average otherwise you cannot use this form. older at the time of the distribution.
time is: If you received a qualifying distribution
as a beneficiary after a participant’s c. The participant, if a common-law
Recordkeeping 33 min. employee, quit, retired, was laid off, or
death, the deceased must have been
Learning about the was fired. A common-law employee is
born before 1936 for you to use this
law or the form 25 min. anyone who performs services that an
form for that distribution.
Preparing the form 1 hr., 44 min. employer has the right to control (what
Distributions to Alternate Payees.— will be done and how) and whom the
Copying, assembling, If you are the spouse or former
and sending the form employer has the right to fire.
spouse of a plan participant who was
to the IRS 35 min. born before 1936 and you received a d. The participant, if a
If you have comments concerning qualifying lump-sum distribution as an self-employed individual or an
the accuracy of these time estimates alternate payee under a qualified owner-employee, became permanently
or suggestions for making this form domestic relations order, you can use and totally disabled. An individual is
more simple, we would be happy to Form 4972 to figure the tax on that considered disabled if he or she is
hear from you. You can write to both income. unable to engage in any substantial
the IRS and the Office of Management gainful activity as a result of a
If the distribution is a qualifying medically determinable physical or
and Budget at the addresses listed in distribution, you can use Form 4972 to
the instructions for the tax return with mental impairment that is expected to
make the 20% capital gain election result in death or to be of
which this form is filed. and choose either the 5- or 10-year long-continued and indefinite duration.
averaging method to figure your tax
Purpose of Form on the distribution. See How To Use Distributions That Do Not
the Form on page 2. Qualify for the 20% Capital
If you received a qualifying lump-sum
distribution from a qualified profit- Distributions That Qualify for Gain Election or for 5- or
sharing or retirement plan, all or part the 20% Capital Gain Election 10-Year Averaging
of the distribution is generally taxable.
If you meet the requirements under or for 5- or 10-Year Averaging The following distributions are not
Who Can Use the Form, you can use qualifying lump-sum distributions and
The distribution is a qualifying
Form 4972 to figure your tax by do not qualify for the 20% capital gain
lump-sum distribution ONLY IF ALL
special methods. This may result in a method or the 5- or 10-year averaging
SIX of the following conditions are
smaller tax than you would pay by method:
met:
reporting the taxable amount of the 1. Distributions received if the plan
1. The distribution came from a
distribution as ordinary income on participant was born after 1935.
qualified pension, profit-sharing, or
your tax return. stock bonus plan. 2. U.S. Retirement Bonds
Caution: If you received an early distributed with the lump sum.
2. The distribution came from all the
distr ibution (before age 591⁄2) from a employer’s qualified plans of one kind 3. Any distribution made before the
qualified retirement plan, you may (pension, profit-sharing, or stock participant had been in the plan for 5
have to pay an additional tax. File bonus) in which the participant had tax years before the tax year of the
Form 5329, Retur n for Additional funds. distribution, unless it was paid
Taxes Attr ibutable to Qualified because the participant died.
Retirement Plans (including IRAs), 3. The distribution was for the full
amount credited to the participant. For 4. The current actuarial value of any
Annuities, and Modified Endowment annuity contract included in the lump
Contracts, to pay this tax. See the this purpose, the full amount credited
sum (the payer’s statement should
Cat. No. 13188F
show this amount, which you use only 2. 5- or 10-Year Averaging it does not affect any election you can
to figure tax on the ordinary income Methods. You can use Part III to make for qualifying lump-sum
part of the distribution). choose the 5-year averaging method distributions from your own plan. You
5. Any distribution to a 5% owner or Part IV to choose the 10-year can also make an election as the
that is subject to penalties under averaging method to figure your tax beneficiary of more than one qualifying
section 72(m)(5)(A). on the lump-sum distribution. You can person. For example, your mother and
choose either method whether or not father died and each was born before
6. A distribution, described in you make the 20% capital gain 1936. Each had a qualifying plan of
section 402(a)(6)(E), from a defined election described above. But if you which you are the beneficiary. You
benefit pension plan maintained by an receive more than one lump-sum also received a qualifying lump-sum
employer, if the recipient elected after distribution for the same participant in distribution from your own plan and
1978 to roll over a total distribution one tax year, you must use the same you were born before 1936. You may
from the employer’s money purchase averaging method for all of those make an election for each of the
plan into an Individual Retirement distributions. distributions; one for yourself, one as
Arrangement (IRA) or another qualified the beneficiary of your father, and one
plan. How To Report the Distribution as the beneficiary of your mother. It
7. A distribution from an IRA. Depending on which parts of Form does not matter if the distributions all
8. A distribution from a tax-sheltered 4972 you choose to use, you report occur in the same year or in different
annuity (section 403(b) plan). amounts from your Form 1099-R years.
9. Redemption proceeds of bonds either directly on your tax return (Form Note: Even though you made an
rolled over tax free to a qualified 1040 or Form 1041) or on Form 4972. election on Form 4972 or Form 5544
pension plan, etc., from a qualified ● If you choose not to use any part of for distributions received before 1987
bond purchase plan. Form 4972, report the entire amount while you were under age 591⁄2, you
10. A distribution from a qualified from Form 1099-R, box 2a, on Form may still be able to make an election
pension or annuity plan when the 1040, lines 17a and 17b (or on Form for distributions received after 1986.
participant or his or her surviving 1041, line 8).
When You Can Choose
spouse received a partial distribution ● If you choose not to use either Part
from the same plan (or another plan of III or IV of Form 4972, but you do use You can file Form 4972 with either an
the employer required to be Part II, report only the ordinary income original or an amended return.
aggregated for the lump-sum part of the distribution on Form 1040, Generally, you have 3 years from the
distribution rules), and the proceeds of lines 17a and 17b (or on Form 1041, later of the due date of your tax return
the previous distribution were rolled line 8). The ordinary income part of the or the date you filed your return to
over tax free to an IRA. distribution is the amount shown in choose any of the methods.
11. A corrective distribution of Form 1099-R, box 2a, minus the
amount shown in box 3 of that form.
Capital Gain Election
excess deferrals, excess contributions,
or excess aggregate contributions. ● If you choose to use Part III or IV of Only the taxable amount of
12. A lump-sum credit or payment Form 4972, do not also include any distributions resulting from pre-1974
from the Federal Civil Service part of the disribution on Form 1040, participation qualifies for capital gain
Retirement System (or the Federal lines 17a and 17b (or on Form 1041, treatment. The capital gain amount
Employees Retirement System). line 8). should be shown in Form 1099-R, box
3. If there is an amount in Form
13. A distribution from a qualified The entries in other boxes on Form 1099-R, box 6 (net unrealized
pension or annuity plan if any portion 1099-R may also apply in completing appreciation), part of it may also
of the distribution is rolled over tax Form 4972: qualify for capital gain treatment. Use
free to another qualified pension or ● Box 6, Net Unrealized Appreciation the NUA Worksheet on page 3 to
annuity plan or IRA. (NUA). See Net Unrealized figure the capital gain part of NUA if
Appreciation (NUA) on this page for you make the election to include NUA
How To Use the Form details on how to treat this amount. in your taxable income.
If you qualify to use Form 4972, ● Box 8, current actuarial value of an If your distribution includes capital
attach it to Form 1040 (individuals) or annuity. gain, you can either (a) make the 20%
Form 1041 (estates or trusts). The If applicable, get the amount of capital gain election in Part II of Form
payer should have given you a Form Federal estate tax paid attributable to 4972, or (b) treat the capital gain as
1099-R, Distributions From Pensions, the taxable part of the lump-sum ordinary income.
Annuities, Retirement or Profit-Sharing distribution from the administrator of
Plans, IRAs, Insurance Contracts, etc., Net Unrealized Appreciation
the deceased’s estate. (NUA).—Normally, the net unrealized
or other statement that shows the
separate amounts to use in For more details, see Pub. 575. appreciation (NUA) in employer
completing the form. The following securities received as part of a
choices are available to you:
How Often You Can Choose lump-sum distribution is not taxable
If you choose either the 5- or 10-year until the securities are sold. However,
1. 20% Capital Gain Election. If you can elect to include NUA in
there is an amount shown on Form averaging method or capital gain
treatment for any lump-sum taxable income in the year received.
1099-R, box 3 (capital gain), you can
use Part II of this form to make the distribution received after 1986, you The total amount to report as NUA
20% capital gain election. When you cannot choose any of these methods should be shown in Form 1099-R, box
complete Part II, you are electing to for any distribution received in a later 6. Part of the amount in box 6 will
apply a 20% tax rate to the capital year from a plan for the same qualify for capital gain treatment if
gain portion. See Capital Gain participant. there is an amount in Form 1099-R,
Election below and line 10 or 33 If you make an election as a box 3, and you elect to include the
instructions for details. beneficiary of a deceased participant, NUA in current income.
Page 2
To figure the total amount subject to to include NUA in your taxable Note: If you take the death benefit
capital gain treatment including the income, enter on line 8 the amount exclusion AND Federal estate tax was
NUA, complete the NUA Worksheet from line G of the NUA Worksheet on paid on the capital gain amount, the
below. this page instead of the amount from capital gain amount must be reduced
Form 1099-R, box 3. On the dotted by both the above procedures to
NUA Worksheet line to the left of the entry space for figure the correct entry for line 8.
( Do not complete unless you make the line 8, write “NUA” and the amount
capital gain election) from line E of the NUA Worksheet. Parts III and IV
A. Enter the amount from Form To make the 20% capital gain Line 10 or 33.—If you made the 20%
1099-R, box 3 election when you are taking a death
B. Enter the amount from Form
capital gain election, enter only the
benefit exclusion, figure the amount ordinary income from Form 1099-R on
1099-R, box 2a to enter on line 8 using the worksheet
C. Divide line A by line B and enter
this line. To figure this amount,
below. subtract Form 1099-R, box 3, from
the result as a decimal
D. Enter the amount from Form Death Benefit Worksheet Form 1099-R, box 2a. Enter the result
1099-R, box 6 on line 10 or 33. Add to that result the
A. Enter the capital gain amount
E. Multiply line C by line D and enter from Form 1099-R, box 3 (if you amount from line F of the NUA
the result (NUA subject to capital elected to include NUA in taxable Worksheet if you included NUA capital
gain treatment) income, enter the amount from gain in the 20% capital gain election.
F. Subtract line E from line D (NUA line G of the NUA Worksheet) If you did not make the 20%
that is ordinary income) B. Enter the taxable amount from capital gain election and did not
G. Add lines A and E (total part of Form 1099-R, box 2a (if you elect to include NUA in taxable
distribution that can receive elected to include NUA in taxable
income, add the amount from
income, enter the amount from Form
capital gain treatment)
Form 1099-R, box 6, to the 1099-R, box 2a. If you did not make
amount from Form 1099-R, box the 20% capital gain election, but did
Specific Instructions 2a, and enter the result here) elect to include NUA in your taxable
C. Divide line A by line B and enter income, add the amount from Form
Name of Recipient of Distribution 1099-R, box 2a, to the amount from
the result as a decimal
and Identifying Number.—At the top Form 1099-R, box 6. Enter the total
D. Enter your share of the death
of Form 4972, fill in the name and benefit exclusion* on line 10 or 33. On the dotted line to
identifying number of the recipient of the left of the line 10 or 33 entry
E. Multiply line D by line C
the distribution. space, write “NUA” and the amount of
F. Subtract line E from line A. Enter
If you received more than one the result here and on line 8 NUA included.
qualifying distribution in 1992 for the *If there are multiple recipients of Note: Community property laws do
same plan participant, add them and the distribution, the $5,000 not apply in figuring tax on the
figure the tax on the total amount. maximum death benefit exclusion
amount you report on line 10 or 33.
If you and your spouse are filing a must be allocated among the
recipients in the same proportion Line 11 or 34.—If you received the
joint return and each has received a that they share the distribution. distribution because of the plan
lump-sum distribution, complete and participant’s death, you may be able
file a separate Form 4972 for each The remaining allowable death
benefit exclusion should be entered on to exclude up to $5,000 of the lump
spouse’s election, and combine the sum from your gross income. If there
tax on Form 1040, line 39. line 11 or 34, if you choose the 5- or
10-year averaging method. are multiple recipients of the
If you are filing for a trust that distribution, the $5,000 maximum
shared the distribution only with other If any Federal estate tax was paid
death benefit exclusion must be
trusts, figure the tax on the total lump on the lump-sum distribution, you
allocated among the recipients in the
sum first. The trusts then share the tax must decrease the capital gain
same proportion that they share the
in the same proportion that they amount by the amount of estate tax
distribution. If you are filing for a trust
shared the distribution. applicable to it. To figure the amount,
and the trust shared the lump sum
multiply the total Federal estate tax
If the distribution is made to more with other trusts, it will share the
paid on the lump-sum distribution by
than one beneficiary, follow the exclusion in the same proportion as it
the decimal amount from line C of the
instructions under Multiple Recipients shared the distribution. This exclusion
Death Benefit Worksheet. The result is
of a Lump-Sum Distribution on applies to the beneficiaries or estates
the portion of the Federal estate tax
page 4. of common-law employees,
applicable to the capital gain amount.
self-employed individuals, and
Then use that result to reduce the box
Part II shareholder-employees who owned
3, Form 1099-R, amount if you don’t
more than 2% of the stock of an
See Capital Gain Election before take the death benefit exclusion, or
S corporation. Pub. 575 gives more
completing Part II. reduce line F of the Death Benefit
information about the death benefit
Worksheet if you do. Enter the
Line 8.—Leave this line blank if your exclusion.
remaining capital gain on line 8. If you
distribution does not include a capital elected to include NUA in taxable Enter the death benefit exclusion on
gain amount, or you do not make the income, subtract the portion of line 11 or 34. But see the instructions
20% capital gain election. Go on to Federal estate tax applicable to the for line 8 if you made a capital gain
Part III or IV. capital gain amount from the amount election.
To make the 20% capital gain on line G of the NUA Worksheet. Enter Line 20 or 43.—A beneficiary who
election but not take a death benefit the result on line 8. Enter the receives a lump-sum distribution
exclusion (see instructions for line 11 remainder of the Federal estate tax on because of a plan participant’s death
or 34), enter on line 8 the entire line 20 or 43. must reduce the taxable part of the
capital gain amount from Form distribution by any Federal estate tax
1099-R, box 3. However, if you elect
Page 3
paid on the lump-sum distribution. The Tax Rate Schedule for Lines 46 a. If you do not make the capital
reduction is made by entering on line and 52 gain election, divide the amount
20 or 43 the Federal estate tax shown in box 2a by your percentage
attributable to the lump-sum If the amount on Enter on line of distribution shown in box 9. Enter
line 45 or 51 is: 46 or 52:
distribution. Also see the instructions this amount on Form 4972, line 10 or
Of the
for line 8. But not amount
33, as applicable.
Lines 23 and 29.—Use the following Over— over— over— b. If you make the capital gain
tax rate schedule to complete lines 23 $–0– $1,190 ------ 11% $–0– election, subtract the amount in box 3
and 29. 1,190 2,270 $130.90 + 12% 1,190 from the amount in box 2a. Divide the
2,270 4,530 260.50 + 14% 2,270 result by your percentage of
Tax Rate Schedule for Lines 23 4,530
6,690
6,690
9,170
576.90 +
900.90 +
15%
16%
4,530
6,690 distribution shown in box 9. Enter the
and 29 9,170 11,440 1,297.70 + 18% 9,170 result on Form 4972, line 10 or 33, as
11,440 13,710 1,706.30 + 20% 11,440
If the amount on Enter on line 13,710 17,160 2,160.30 + 23% 13,710
applicable.
line 22 or 28 is: 23 or 29: 17,160 22,880 2,953.80 + 26% 17,160 c. Divide the amount shown in box
22,880 28,600 4,441.00 + 30% 22,880
Of the
28,600 34,320 6,157.00 + 34% 28,600
8 by the percentage shown in box 8.
But not amount Enter the result on Form 4972, line 13
34,320 42,300 8,101.80 + 38% 34,320
Over— over— over—
42,300 57,190 11,134.20 + 42% 42,300 or 36, as applicable.
57,190 85,790 17,388.00 + 48% 57,190
$–0– $21,450 - - - - - 15% $–0–
21,450 51,900 $3,217.50 + 28% 21,450
85,790 ----- 31,116.00 + 50% 85,790 Step 3.—Use this step only if you
51,900 ----- 11,743.50 + 31% 51,900 elect to include NUA in your taxable
Multiple Recipients of a Lump-Sum income.
Line 25 or 48.—Decimals should be Distribution.—If you shared a lump-
a. If you do not make the capital
carried to five places and rounded to sum distribution from a qualified
gain election, add the amount shown
four places. Drop amounts 4 and retirement plan when not all recipients
in box 2a to the amount shown in box
under (.44454 becomes .4445). Round were trusts (a percentage will be
6. Divide the result by your percentage
amounts 5 and over up to the next shown in boxes 8 and/or 9, Form
of distribution shown in box 9. Enter
number (.44456 becomes .4446). 1099-R), figure your tax on Form 4972
the result on Form 4972, line 10 or 33,
as follows:
Lines 46 and 52.—Use the following as applicable.
tax rate schedule to complete lines 46 Step 1.—Complete Parts I and II of
b. If you make the capital gain
and 52. Form 4972. (If you make the 20%
election, subtract the amount in box 3
capital gain election in Part II and also
from the amount in box 2a. Add to the
elect to include NUA in taxable
result the amount from line F of your
income, see Net Unrealized
NUA Worksheet. Then divide the total
Appreciation (NUA), on page 2, to
by your percentage of distribution
determine the amount of NUA that
shown in box 9. Enter the result on
qualifies for capital gain treatment.)
Form 4972, line 10 or 33, as
Step 2.—Use this step only if you applicable.
do not elect to include NUA in your
c. Divide the amount shown in box
taxable income or if you do not have
8 by the percentage shown in box 8.
NUA. If you elect to include NUA in
Enter the result on Form 4972, line 13
taxable income, skip Step 2 and go to
or 36, as applicable.
Step 3. (Box numbers used below are
all from Form 1099-R.) Step 4.—Complete Form 4972, Part
III or IV, as applicable, through line 31
or 54.
Step 5.—Complete the following
worksheet:
A. Enter your percentage of
distribution from Form 1099-R,
box 9
B. Enter the amount from line 31 or
54, Form 4972
C. Multiply line A by the amount on
line B.
D. Enter the amount from line 9
E. Add lines C and D. Enter the result
here and on line 32 or 55, Form
4972

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