Guides/CFP®/Retirement Distribution Rules
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Retirement Distribution Rules

RMDs under SECURE 2.0, early withdrawal exceptions, Roth IRA rules, Form 8606 pro-rata calculations, and NUA strategy.

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Required Minimum Distributions (RMDs)

RuleDetail
RMD Starting AgeAge 73 (SECURE 2.0, effective 2023); increases to age 75 in 2033
First RMD deadlineApril 1 of the year following the year you turn 73
Subsequent RMDsDecember 31 each year
Penalty for missed RMD25% of the amount not taken (reduced from 50% by SECURE 2.0); reduced to 10% if corrected timely
CalculationPrior year-end account balance ÷ IRS Uniform Lifetime Table factor
Exam Tip: Roth IRAs have NO RMDs during the original owner's lifetime. Roth 401(k)s post-SECURE 2.0 also have no RMDs during the owner's lifetime (effective 2024). Designated Roth accounts no longer require RMDs.

Still-Working Exception

If a participant is still working at age 73 and is NOT a 5% or more owner of the company, they can delay RMDs from their current employer's plan until retirement. IRAs do not get this exception — IRA RMDs start at 73 regardless.

Early Withdrawal Penalty Exceptions (10% Penalty)

The 10% additional tax on distributions before age 59½ does NOT apply if:

ExceptionIRA?Employer Plans (401k, etc.)?
DeathYesYes
Disability (total and permanent)YesYes
SEPP / 72(t) payments (substantially equal periodic payments)YesYes
Medical expenses exceeding 7.5% of AGIYesYes
Health insurance premiums while unemployedYes (IRA only)No
Higher education expensesYes (IRA only)No
First-time homebuyer ($10,000 lifetime)Yes (IRA only)No
Birth or adoption (up to $5,000)YesYes
Separation from service at age 55 or olderNoYes (employer plan only)
QDRO (qualified domestic relations order)NoYes (employer plan only)
Memory Trick: IRA-only exceptions = things you do on your own (buy a house, pay tuition, pay health insurance while unemployed). Employer plan exceptions = workplace events (leaving at 55, QDRO for divorce).

Roth IRA Rules

5-Year Rule for Earnings

  • Roth IRA earnings are tax and penalty free only if:
    1. The distribution occurs at least 5 years after the first Roth IRA was funded (the 5-year clock starts January 1 of the tax year of the first contribution, even if made on April 15), AND
    2. The owner is age 59½ or older (or meets another qualifying exception).
  • Roth contributions can always be withdrawn tax and penalty free at any time — only earnings are restricted.
  • Ordering rules: contributions come out first, then conversions (in order of conversion year), then earnings.

Roth Conversion

  • Amount converted is included in gross income in the year of conversion (no 10% penalty if converted to Roth; penalty may apply if withdrawn within 5 years of conversion before age 59½).
  • Each Roth conversion starts its own 5-year clock for penalty purposes.

Traditional IRA Basis and Form 8606

  • Nondeductible IRA contributions create basis in the IRA. This basis is tracked on Form 8606.
  • Pro-rata rule: When you have both pre-tax and after-tax (basis) amounts in traditional IRAs, you cannot selectively withdraw just the basis. Every distribution is a pro-rata blend of pre-tax and after-tax dollars.
Example: Total traditional IRA balance = $100,000. Basis = $20,000 (nondeductible contributions). Basis ratio = 20%. Every $1 withdrawn = $0.80 taxable + $0.20 tax-free. You cannot withdraw the $20,000 basis first.

The pro-rata rule aggregates ALL traditional, SEP, and SIMPLE IRA accounts — you cannot isolate basis in one account.

NUA — Net Unrealized Appreciation

  • NUA is a strategy for employer stock held inside a qualified plan (401k, ESOP).
  • In a lump-sum distribution, the employee takes the employer stock in-kind (not rolling it to an IRA).
  • Tax treatment:
    • The plan's cost basis in the stock (what the plan paid) = taxable as ordinary income in the year of distribution.
    • The NUA (appreciation from cost basis to FMV at distribution) = taxed at long-term capital gains rates when the stock is eventually sold, regardless of how long you hold it after distribution.
    • Any additional appreciation after distribution = taxed at short-term or long-term capital gain rates depending on holding period.
When NUA beats a rollover: NUA is most advantageous when the stock has a low plan cost basis (large NUA), the participant is in a high ordinary income bracket (rollover distributions would be taxed at high rates), and LTCG rates are significantly lower than the marginal ordinary rate.
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