The tax treatment of a Roth IRA distribution depends on whether or not the distribution is qualified. Qualified distributions from Roth IRAs are tax and penalty free, but non-qualified distributions may be subjected to tax and an early-distribution penalty.
 
Qualified Distribution Defined

For a distribution to be qualified, it must occur at least five years after the Roth IRA owner established and funded his/her first Roth IRA,* and the distribution must occur under at least one of the following conditions:

  • The Roth IRA holder is at least age 59.5 when the distribution occurs.
  • The distributed assets are used towards the purchase or rebuilding of a first home for the Roth IRA holder or a qualified family member. Qualified family members include the IRA owner's spouse, a child of the IRA owner and/or of the IRA owner's spouse, a grandchild of the IRA owner and/or of his or her spouse, a parent or other ancestor of the IRA owner and/or of his or her spouse. This is limited to $10,000 per lifetime.
  • The distribution occurs after the Roth IRA holder becomes disabled.
  • The assets are distributed to the beneficiary of the Roth IRA holder after the Roth IRA holder's death.
*For example, if an individual established a Roth IRA at ABC Brokerage in 2002 and established a second Roth IRA at XYZ Brokerage in 2007, the five-year period that determines a qualified distribution begins in year 2002, and the five-year period begins with the first day of the year for which the first contribution is made, which, in this case is Jan 1, 2002. This is true even if the 2002 contribution is made at anytime up to Apr 15, 2001.

How Are Non-Qualified Distributions Taxed?
A non-qualified distribution that does not meet the above requirements may be subjected to income tax and an early-distribution penalty. The source of a non-qualified distribution determines the applicable tax treatment. There are four sources from which Roth IRA assets can come:
  • a regular participant contribution.
  • Roth conversion of taxable Traditional IRA assets (i.e. Traditional IRA assets for which a tax deduction was allowed. These assets are taxed when converted to the Roth IRA).
  • a Roth conversion of nontaxable Traditional IRA assets (i.e. Traditional IRA Assets for which there was no tax deduction. These assets are not subjected to income tax when distributed or converted to a Roth IRA).
  • earnings on all Roth IRA assets.
To determine the source of assets distributed from a Roth IRA, the IRS uses the "ordering rules". According to the ordering rules, assets are distributed from a Roth IRA in the following order. When assets from one source are used up or non-existent, the assets are distributed from the next source in the list:

  1. regular Roth IRA participant contributions
  2. taxable Traditional IRA conversions
  3. nontaxable Traditional IRA conversion
  4. earnings on all Roth IRA assets
The following chart summarizes the tax treatment of Roth IRA distributions.


Distributed Assets




Qualified Distributions



Non-Qualified Distributions



Comments



Regular Participant Contributions - Tax free
- Penalty free
- Tax free
- Penalty free
Income tax and early-distribution penalty are never applied to distributed assets for which no deduction was allowed when the assets were contributed to the IRA. 
Taxable Conversion - Tax free
- Penalty free
- Tax free
- Penalty may apply
- Already taxed when converted.
- Penalty is waived if any one of the exceptions applies and/or it has been at least five years since the conversion occurred.
Nontaxable Conversion - Tax free
- Penalty free
- Tax free
- Penalty free
Income tax and penalty are never applied to distributed assets for which no deduction was allowed when the assets were initially contributed to the IRA.
Earnings - Tax free
- Penalty free
- Tax free
- Penalty may apply
Penalty is waived if any one of the exceptions applies.

Table 1 - Roth IRA Tax Treatment of Roth IRA Distributions

The earnings on non-qualified distributions are subjected to income tax. In addition, any earnings and taxable conversion amounts that have been converted less than five years before the distribution occurs are subjected to an early-distribution penalty, unless the assets are used for one of the following purposes:

  • The distribution occurs on or after the Roth IRA owner reaches age 59.5.

  • For un-reimbursed medical expenses - If the distribution is used to pay un-reimbursed medical expenses, the amount that exceeds 7.5% of the individual's adjusted gross income (AGI) for the year of the distribution will not be subjected to the early-distribution penalty. In other words, the amount paid for the un-reimbursed medical expenses minus 7.5% of the individual's adjusted gross income for the year of the distribution can be distributed penalty free.

    Example 1
    Jack's AGI is $25,000, and he paid $4,000 for un-reimbursed medical expenses.

    The amount that exceeds 7.5% of his income = $4,000 - ($25,000 x 7.5%).
    The amount that exceeds 7.5% of his income = $4,000 - $1875.
    The amount that exceeds 7.5% of his income
    = $2,125.

    The maximum amount Jack may claim for the early-distribution exception is $2,125.

  • To pay medical insurance - Individuals can make a penalty-free distribution to pay medical insurance for themselves, their spouses and dependents, providing the distribution occurs under the following four conditions:
    1. The individual has lost his or her job.
    2. The individual has received unemployment compensation paid under any federal or state law for 12 consecutive weeks.
    3. The individual receives the distributions during either the year he or she receives the unemployment compensation or the following year.
    4. The individual receives the distributions no later than 60 days after he or she has been re-employed.
  • For a disability - If an individual becomes disabled before age 59.5 and makes a distribution from his or her Roth IRA because of the disability, the distributions are not subjected to the early-distribution penalty. Individuals are considered disabled if they furnish proof that a physical or mental condition inhibits them from engaging in substantial gainful activities. A physician must determine that this condition can be expected to result in death or to continue for an indefinite duration.

  • As distributions to the Roth IRA beneficiary - If the Roth IRA owner dies before reaching age 59.5, the amounts distributed from the Roth IRA by the designated beneficiary are not subject to penalty.

  • As part of an SEPP program - For penalty-free distributions that are part of a series of substantially equal payments over the life of the Roth IRA holder and or his or her beneficiary, the payments must last five years or until the Roth IRA owner reaches age 59.5 - whichever is longer - and the payments must also follow certain IRS-approved methods.

  • For qualified higher-education expenses - Amounts are penalty free if they must go towards qualified higher-education expenses of the Roth IRA owner and/or his or her dependents. These qualified education expenses are tuition, fees, books, supplies and equipment required for the enrollment or attendance of a student at an eligible educational institution. An eligible educational institution is any college, university, vocational school, or other post secondary educational institution eligible to participate in the student aid programs administered by the Department of Education - these include virtually all accredited post secondary institutions, whether public, nonprofit, or proprietary (privately owned and profit-making). The educational institution should be able to indicate if it is an eligible educational institution.

  • To purchase a first home - The Roth IRA owner can make penalty-free distributions to purchase, build or rebuild a first home:
    • for the Roth IRA owner.
    • for the Roth IRA owner's spouse.
    • for a child of the Roth IRA owner or of the Roth IRA owner's spouse.
    • for a grandchild of the Roth IRA owner or of the Roth IRA owner's spouse.
    • for a parent or other ancestor of the Roth IRA owner or of the Roth IRA owner's spouse.
The first-time homebuyer distribution must be used to pay qualified acquisition costs before the end of the 120th day after the Roth IRA owner receives the distributed assets.

The total distribution the Roth IRA owner uses for first-time home purchases cannot exceed $10,000 during the Roth IRA owner's lifetime. For married individuals, the $10,000 applies separately to each spouse, which means that the total for both is $20,000.
  • For payment of Roth IRS levy - The IRS may levy against an IRA, resulting in a distribution. The distributed amount is subjected to income tax, but the early-distribution penalty is waived.

According to the rules that exempt nondeductible or after-tax assets from income tax and early-withdrawal penalties, distributions of assets from regular Roth IRA participant contributions and nontaxable Traditional IRA conversion assets can be taken at anytime, tax and penalty free. Non-qualified distributions of taxable Traditional IRA conversion assets may be subjected to early-withdrawal penalties. Non-qualified distributions of earnings may be subjected to income tax and early-withdrawal penalty. The following illustration shows when taxes and the early-withdrawal penalty apply to Roth IRA distributions.

Example 2
Harry established his first Roth IRA in 1998 and funded it with $2,000 as a participant contribution. From 1999 through 2002, he made additional participant contributions, and Harry later converted his Traditional IRA assets to his Roth IRA. The balance in Harry's Roth IRA is represented as follows:

Assets Source
$10,000 Roth IRA participant contributions 1998 through 2002
$20,000 Taxable Traditional IRA conversions from 2002 conversion
$5,000 Nontaxable Roth IRA conversions from 2002 conversion
$2,000 Earnings
$37,000

Harry wants to know the tax consequences should he distribute the assets from his Roth IRA during 2003.

Because Harry has had a Roth IRA for at least five years (1998 to 2002), his distributions will be tax and penalty free if he meets one of the following criteria:

  • He is least age 59.5 when the distribution occurs.
  • The distributed assets are used towards the purchase or rebuilding of a first home for Harry or a qualified family member.
  • The distribution occurs after Harry becomes disabled.
  • The assets are distributed to Harry's beneficiary after his death.
Example 3
In this example the facts are the same as in Example 1 except that Harry established his first IRA in 2000, so he cannot make a qualified distribution until Jan 1, 2005. Should Harry distribute the full balance of his Roth IRA, it will be treated as follows:
  • The $10,000 representing participant contributions will be tax and penalty free. These amounts can be distributed at anytime without tax and penalty because no deductions were allowed when contributed.
  • The $5,000 representing nontaxable conversion will be tax and penalty free. These amounts can be distributed at anytime without tax and penalty because no deductions were allowed when contributed.
  • The $20,000 representing taxable conversion assets will be tax free because the taxes were paid when the assets were converted. However, because it has been less than five years since the conversion occurred, Harry will owe the IRS a 10% early-withdrawal penalty unless he meets one of the criteria listed below in the next section.
  • The $2,000 representing earnings will be subjected to income tax. In addition Harry will owe the IRS a 10% early-withdrawal penalty, unless he meets one of the exceptions listed below:
    • He uses the assets to pay un-reimbursed medical expenses.
    • He withdraws the assets when he is at least age 59.5.
    • He uses the assets to pay medical insurance.
    • He withdraws the assets while disabled.
    • The assets are distributed by his beneficiary after his death.
    • The distribution is part of SEPP a program.
    • The assets are used for qualified higher education expenses.
    • The assets are used for a first home purchase.
    • The assets are used to pay an IRS levy.
Additional Information
The 10% early-distribution penalty does not apply to certain amounts that are not subjected to income tax. These include amounts that were contributed in excess of the contribution limit and are then removed from the Roth IRA before the Roth IRA owner's tax-filing deadline (plus tax-filing extensions). Other amounts that are not subjected to income tax are those deposited to a retirement plan as a rollover contribution within 60 days of receipt.




Key Reminders
  • If a Roth IRA holder completed multiple Roth conversions, the five-year period for each Roth conversion is determined separately for each conversion.
  • For purposes of determining qualified distributions, there is only one five-year period. This never starts over.
  • If an excess contribution is made to a Roth IRA and later removed, this contribution cannot be used to determine the five-year period for qualified distributions.
The responsibility of determining the tax and/or penalty treatment of distributed Roth IRA assets rests with the Roth IRA owner. Roth IRA owners should ensure that they keep proper records of their Roth IRA transactions and that they file the applicable tax forms with the IRS at the appropriate time.

Required Minimum Distributions
The rules for required minimum distributions (RMDs) do not apply to the Roth IRA owner. They do, however, apply to the Roth IRA owner's beneficiary.

Next: Roth IRAs: Conclusion

Table of Contents
1) Roth IRAs: Introduction
2) Roth IRAs: Eligibility Requirements
3) Roth IRAs: Contributions
4) Roth IRAs: Distributions
5) Roth IRAs: Conclusion

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