Tax Help Archives  
Pub. 721, Tax Guide to U.S. Civil Service Retirement Benefits 2004 Tax Year

Main Contents

This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Part I General Information

This part of the publication contains information that can apply to most recipients of civil service retirement benefits.

Refund of Contributions

If you leave federal government service or transfer to a job not under the CSRS or FERS and you are not eligible for an immediate annuity, you can choose to receive a refund of the money in your CSRS or FERS retirement account. The refund will include both regular and voluntary contributions you made to the fund, plus any interest payable.

If the refund includes only your contributions, none of the refund is taxable. If it includes any interest, the interest is taxable unless you roll it over into another qualified plan or a traditional individual retirement arrangement (IRA). If you do not have the Office of Personnel Management (OPM) transfer the interest to an IRA or other plan in a direct rollover, tax will be withheld at a 20% rate. See Rollover Rules in Part II for information on how to make a rollover.

Tip
Interest is not paid on contributions to the CSRS for service after 1956 unless your service was for more than 1 year but not more than 5 years. Therefore, many employees who withdraw their contributions under the CSRS do not get interest and do not owe any tax on their refund.

If you do not roll over interest included in your refund, it may qualify as a lump-sum distribution eligible for capital gain treatment or the 10-year tax option. If you separate from service before the calendar year in which you reach age 55, it may be subject to an additional 10% tax on early distributions. For more information, see Lump-Sum Distributions and Tax on Early Distributions in Publication 575.

Caution
A lump-sum distribution is eligible for capital gain treatment or the 10-year tax option only if the plan participant was born before January 2, 1936.

Tax Withholding and Estimated Tax

The CSRS or FERS annuity you receive is subject to federal income tax withholding, unless you choose not to have tax withheld. OPM will tell you how to make the choice. The choice for no withholding remains in effect until you change it. These withholding rules also apply to a disability annuity, whether received before or after minimum retirement age.

If you choose not to have tax withheld, or if you do not have enough tax withheld, you may have to make estimated tax payments.

Caution
You may owe a penalty if the total of your withheld tax and estimated tax does not cover most of the tax shown on your return. Generally, you will owe the penalty if the additional tax you must pay with your return is $1,000 or more and more than 10% of the tax shown on your return. For more information, including exceptions to the penalty, see chapter 4 of Publication 505, Tax Withholding and Estimated Tax.

Form CSA 1099R.   Form CSA 1099R is mailed to you by OPM each year. It will show any tax you had withheld. File a copy of Form CSA 1099R with your tax return if any federal income tax was withheld.

Choosing no withholding on payments outside the United States.   The choice for no withholding generally cannot be made for annuity payments to be delivered outside the United States and its possessions.

  To choose no withholding if you are a U.S. citizen or resident, you must provide OPM with your home address in the United States or its possessions. Otherwise, OPM has to withhold tax. For example, OPM must withhold if you provide a U.S. address for a nominee, trustee, or agent (such as a bank) to whom the benefits are to be delivered, but you do not provide your own U.S. home address.

  If you certify to OPM that you are not a U.S. citizen, a U.S. resident alien, or someone who left the United States to avoid tax, you may be subject to the 30% flat rate withholding that applies to nonresident aliens. For details, see Publication 519, U.S.Tax Guide for Aliens.

Withholding certificate.   If you give OPM a Form W-4P-A, Election of Federal Income Tax Withholding, you can choose not to have tax withheld or you can choose to have tax withheld depending on your marital status and withholding allowances. If you do not make either of these choices, OPM must withhold as if you were married with three withholding allowances.

Phone number
To change the amount of tax withholding or to stop withholding, call OPM's Retirement Information Office at 1-888-767-6738 (customers within the local Washington, D.C. calling area must call 202-606-0500), or call Annuitant Express at 1-800-409-6528. No special form is needed. You will need your retirement claim number (CSA or CSF), your social security number, and your personal identification number (PIN) when you call. If you have TTY/TDD equipment, call 1-800-878-5707. If you need a PIN, call OPM's Retirement Information Office.

Access by computer
You also can change the amount of withholding or stop withholding through the Internet at www.servicesonline.opm.gov. You will need your retirement claim number (CSA or CSF) and your PIN.

Withholding from certain lump-sum payments.   If you leave the federal government before becoming eligible to retire and you apply for a refund of your CSRS or FERS contributions, or you die without leaving a survivor eligible for an annuity, you or your beneficiary will receive a distribution of your contributions to the retirement plan plus any interest payable. Tax will be withheld at a 20% rate on the interest distributed. However, tax will not be withheld if you have OPM transfer (roll over) the interest directly to your traditional IRA or other qualified plan. See Rollover Rules in Part II. If you receive only your contributions, no tax will be withheld.

Withholding from Thrift Savings Plan payments.   Generally, a distribution that you receive from the Thrift Savings Plan (TSP) is subject to federal income tax withholding. The amount withheld is:
  • 20% if the distribution is an eligible rollover distribution, or

  • 10% if it is a nonperiodic distribution other than an eligible rollover distribution, or

  • An amount determined by treating the payment as wages, if it is a periodic distribution.


However, you usually can choose not to have tax withheld from TSP payments other than eligible rollover distributions. By January 31 after the end of the year in which you receive a distribution, the TSP will issue Form 1099-R showing the total distributions you received in the prior year and the amount of tax withheld.

  For a detailed discussion of withholding on distributions from the TSP, see Important Tax Information About Payments From Your TSP Account, available from your agency personnel office or from the TSP.

Access by computer
The above document is also available on the Internet at www.tsp.gov. Select “Forms & Publications,” then select “Publications,” then “Tax Notices.

Estimated tax.   Generally, you should make estimated tax payments for 2005 if you expect to owe at least $1,000 in tax (after subtracting your withholding and credits) and you expect your withholding and your credits to be less than the smaller of:
  • 90% of the tax to be shown on your income tax return for 2005, or

  • The tax shown on your 2004 income tax return (110% of that amount if the adjusted gross income shown on the return was more than $150,000 ($75,000 if your filing status for 2005 will be married filing separately)). The return must cover all 12 months.

  You do not have to pay estimated tax for 2005 if you were a U.S. citizen or resident for all of 2004 and you had no tax liability for the full 12-month 2004 tax year.

  Form 1040-ES contains a worksheet that you can use to see if you should make estimated tax payments. For more information, see chapter 2 in Publication 505.

Filing Requirements

If your gross income, including the taxable part of your annuity, is less than a certain amount, you generally do not have to file a federal income tax return for that year. The gross income filing requirements for the tax year are in the instructions to the Form 1040, 1040A, or 1040EZ.

Children.   If you are the surviving spouse of a federal employee or retiree and your monthly annuity check includes a survivor annuity for one or more children, each child's annuity counts as his or her own income (not yours) for federal income tax purposes.

  If your child can be claimed as a dependent, treat his or her annuity as unearned income to apply the filing requirements.

Form CSF 1099R.   Form CSF 1099R will be mailed to you by January 31 after the end of each tax year. It will show the total amount of the annuity you received in the past year. It also should show, separately, the survivor annuity for a child or children. Only the part that is each individual's survivor annuity should be shown on that individual's Form 1040 or 1040A.

  If your Form CSF 1099R does not show separately the amount paid to you for a child or children, attach a statement to your return, along with a copy of Form CSF 1099R, explaining why the amount shown on the tax return differs from the amount shown on Form CSF 1099R.

  
Phone number
You may request a Summary of Payments, showing the amounts paid to you for your child(ren), from OPM by calling OPM's Retirement Information Office at 1-888-767-6738 (customers within the local Washington, D.C. calling area must call 202-606-0500). You will need your CSF claim number and your social security number when you call.

Taxable part of annuity.   To find the taxable part of each annuity, see the discussion in Part IV, Rules for Survivors of Federal Employees, or Part V, Rules for Survivors of Federal Retirees, whichever applies.

Part II Rules for Retirees

This part of the publication is for retirees who retired on nondisability retirement. If you retired on disability, see Part III, Rules for Disability Retirement and Credit for the Elderly or the Disabled, later.

Annuity statement.   The statement you received from OPM when your CSRS or FERS annuity was approved shows the commencing date (the annuity starting date), the gross monthly rate of your annuity benefit, and your total contributions to the retirement plan (your cost). You will use this information to figure the tax-free recovery of your cost.

Annuity starting date.   If you retire from federal government service on a regular annuity, your annuity starting date is the commencing date on your annuity statement from OPM. If something delays payment of your annuity, such as a late application for retirement, it does not affect the date your annuity begins to accrue or your annuity starting date.

Gross monthly rate.   This is the amount you were to get after any adjustment for electing a survivor's annuity or for electing the lump-sum payment under the alternative annuity option (if either applied) but before any deduction for income tax withholding, insurance premiums, etc.

Your cost.   Your monthly annuity payment contains an amount on which you have previously paid income tax. This amount represents part of your contributions to the retirement plan. Even though you did not receive the money that was contributed to the plan, it was included in your gross income for federal income tax purposes in the years it was taken out of your pay.

  The cost of your annuity is the total of your contributions to the retirement plan, as shown on your annuity statement from OPM. If you elected the alternative annuity option, it includes any deemed deposits and any deemed redeposits that were added to your lump-sum credit. (See Lump-sum credit under Alternative Annuity Option, later.)

  If you repaid contributions that you had withdrawn from the retirement plan earlier, or if you paid into the plan to receive full credit for service not subject to retirement deductions, the entire repayment, including any interest, is a part of your cost. You cannot claim an interest deduction for any interest payments. You cannot treat these payments as voluntary contributions; they are considered regular employee contributions.

Recovering your cost tax free.   How you figure the tax-free recovery of the cost of your CSRS or FERS annuity depends on your annuity starting date.
  • If your annuity starting date is before July 2, 1986, either the Three-Year Rule or the General Rule (both discussed later) applies to your annuity.

  • If your annuity starting date is after July 1, 1986, and before November 19, 1996, you could have chosen to use either the General Rule or the Simplified Method (discussed later).

  • If your annuity starting date is after November 18, 1996, you must use the Simplified Method.

  Under both the General Rule and the Simplified Method, each of your monthly annuity payments is made up of two parts: the tax-free part that is a return of your cost, and the taxable part that is the amount of each payment that is more than the part that represents your cost. The tax-free part is a fixed dollar amount. It remains the same, even if your annuity is increased. Generally, this rule applies as long as you receive your annuity. However, see Exclusion limit, later.

Choosing a survivor annuity after retirement.    If you retired without a survivor annuity and report your annuity under the Simplified Method, do not change your tax-free monthly amount even if you later choose a survivor annuity.

  If you retired without a survivor annuity and report your annuity under the General Rule, you must figure a new exclusion percentage if you later choose a survivor annuity. To figure it, reduce your cost by the amount you previously recovered tax free. Figure the expected return as of the date the reduced annuity begins. For details on the General Rule, see Publication 939.

Canceling a survivor annuity after retirement.   If you notify OPM that your marriage has ended, your annuity might be increased to remove the reduction for a survivor benefit. The increased annuity does not change the cost recovery you figured at the annuity starting date. The tax-free part of each annuity payment remains the same.

  
Phone number
For more information about choosing or canceling a survivor annuity after retirement, contact OPM's Retirement Information Office at 1-888-767-6738 (customers within the local Washington, D.C. calling area must call 202-606-0500).

Exclusion limit.   If your annuity starting date is after 1986, the total amount of annuity income that you (or the survivor annuitant) can exclude over the years as a return of your cost may not exceed your total cost. Annuity payments you or your survivors receive after the total cost in the plan has been recovered are fully taxable.

Example.

Your annuity starting date is after 1986 and you exclude $100 a month under the Simplified Method. If your cost is $12,000, the exclusion ends after 10 years (120 months). Thereafter, your entire annuity is taxable.

Annuity starting date before 1987.   If your annuity starting date is before 1987, you continue to take your monthly exclusion figured under the General Rule or Simplified Method for as long as you receive your annuity. If you chose a joint and survivor annuity, your survivor continues to take that same exclusion. The total exclusion may be more than your cost.

Deduction of unrecovered cost.   If your annuity starting date is after July 1, 1986, and the cost of your annuity has not been fully recovered at your (or the survivor annuitant's) death, a deduction is allowed for the unrecovered cost. The deduction is claimed on your (or your survivor's) final tax return as a miscellaneous itemized deduction (not subject to the 2%-of-adjusted-gross-income limit). If your annuity starting date is before July 2, 1986, no tax benefit is allowed for any unrecovered cost at death.

Simplified Method

If your annuity starting date is after November 18, 1996, you must use the Simplified Method to figure the tax-free part of your CSRS or FERS annuity. (OPM has figured the taxable amount of your annuity shown on your Form CSA 1099R using the Simplified Method.) You could have chosen to use either the Simplified Method or the General Rule if your annuity starting date is after July 1, 1986, but before November 19, 1996. The Simplified Method does not apply if your annuity starting date is before July 2, 1986.

Under the Simplified Method, you figure the tax-free part of each full monthly payment by dividing your cost by a number of months based on your age. This number will differ depending on whether your annuity starting date is on or before November 18, 1996, or later. If your annuity starting date is after 1997 and your annuity includes a survivor benefit for your spouse, this number is based on your combined ages.

Worksheet A.   Use Worksheet A, Simplified Method (near the end of this publication), to figure your taxable annuity. Be sure to keep the completed worksheet. It will help you figure your taxable amounts for later years.

Tip
Instead of Worksheet A, you generally can use the Simplified Method Worksheet in the instructions for Form 1040 or Form 1040A to figure your taxable annuity. However, you must use Worksheet A and Worksheet B in this publication if you chose the alternative annuity option, discussed later.

Line 2.   See Your cost, earlier, for an explanation of your cost in the plan. If your annuity starting date is after November 18, 1996, and you chose the alternative annuity option (explained later), you must reduce your cost by the tax-free part of the lump-sum payment you received.

Line 3.   Find the appropriate number from one of the tables at the bottom of the worksheet. If your annuity starting date is after 1997, use:
  • Table 1 for an annuity without a survivor benefit, or

  • Table 2 for an annuity with a survivor benefit.

If your annuity starting date is before 1998, use Table 1.

Line 6.   If you retired before 2004, the amount previously recovered tax free that you must enter on line 6 is the total amount from line 10 of last year's worksheet. If your annuity starting date is before November 19, 1996, and you chose the alternative annuity option, it includes the tax-free part of the lump-sum payment you received.

Example.

Bill Smith retired from the Federal Government on April 30, 2004, under an annuity that will provide a survivor benefit for his wife, Kathy. His annuity starting date is May 1, 2004. He must use the Simplified Method to figure the tax-free part of his annuity benefits.

Bill's monthly annuity benefit is $1,000. He had contributed $31,000 to his retirement plan and had received no distributions before his annuity starting date. At his annuity starting date, he was 65 and Kathy was 57.

Bill's completed Worksheet A is shown on the next page. To complete line 3, he used Table 2 at the bottom of the worksheet and found the number in the second column opposite the age range that includes 122 (his and Kathy's combined ages). Bill keeps a copy of the completed worksheet for his records. It will help him (and Kathy, if she survives him) figure the taxable amount of the annuity in later years.

Worksheet A. Simplified Method for Bill Smith Keep for Your Records See the instructions in Part II of this publication under Simplified Method.

1. Enter the total annuity payments received this year. Also, add this amount to the total for Form 1040, line 16a, or Form 1040A, line 12a 1. $ 8,000
2. Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion * 2. 31,000
Note: If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below. Otherwise, go to line 3.  
3. Enter the appropriate number from Table 1 or 2 below. Use Table 2 if your annuity starting date is after 1997 and payments are for your life and the life of your beneficiary. Otherwise use Table 1 3. 310
4. Divide line 2 by line 3 4. 100
5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise go to line 6 5. 800
6. Enter any amounts previously recovered tax free in years after 1986 6. 0
7. Subtract line 6 from line 2 7. 31,000
8. Enter the smaller of line 5 or line 7 8. 800
9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead 9. $7,200
10. Add lines 6 and 8 10. 800
11. Balance of cost to be recovered. Subtract line 10 from line 2 11. $30,200
Table 1 for Line 3 Above
  IF the age at
annuity starting date was
  AND your
annuity starting date was—
    before November 19, 1996,
enter on line 3
after November 18, 1996,
enter on line 3
  55 or under 300 360
  56–60 260 310
  61–65 240 260
  66–70 170 210
  71 or over 120 160

Table 2 for Line 3 Above
  IF the combined ages at annuity starting date were   THEN enter on line 3      
  110 or under   410      
  111–120   360      
  121–130   310      
  131–140   260      
  141 or over   210      

*A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August 21, 1996.

Worksheet A. Simplified Method for Bill Smith Keep for Your Records See the instructions in Part II of this publication under Simplified Method.

1. Enter the total annuity payments received this year. Also, add this amount to the total for Form 1040, line 16a, or Form 1040A, line 12a 1. $ 8,000
2. Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion * 2. 31,000
Note: If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below. Otherwise, go to line 3.  
3. Enter the appropriate number from Table 1 or 2 below. Use Table 2 if your annuity starting date is after 1997 and payments are for your life and the life of your beneficiary. Otherwise use Table 1 3. 310
4. Divide line 2 by line 3 4. 100
5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise go to line 6 5. 800
6. Enter any amounts previously recovered tax free in years after 1986 6. 0
7. Subtract line 6 from line 2 7. 31,000
8. Enter the smaller of line 5 or line 7 8. 800
9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead 9. $7,200
10. Add lines 6 and 8 10. 800
11. Balance of cost to be recovered. Subtract line 10 from line 2 11. $30,200
Table 1 for Line 3 Above
  IF the age at
annuity starting date was
  AND your
annuity starting date was—
    before November 19, 1996,
enter on line 3
after November 18, 1996,
enter on line 3
  55 or under 300 360
  56–60 260 310
  61–65 240 260
  66–70 170 210
  71 or over 120 160

Table 2 for Line 3 Above
  IF the combined ages at annuity starting date were   THEN enter on line 3      
  110 or under   410      
  111–120   360      
  121–130   310      
  131–140   260      
  141 or over   210      

*A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August 21, 1996.

Bill's tax-free monthly amount is $100. (See line 4 of the worksheet.) If he lives to collect more than 310 monthly payments, he will have to include in his gross income the full amount of any annuity payments received after 310 payments have been made.

If Bill does not live to collect 310 monthly payments and his wife begins to receive monthly payments, she also will exclude $100 from each monthly payment until 310 payments (Bill's and hers) have been collected. If she dies before 310 payments have been made, a miscellaneous itemized deduction (not subject to the 2%-of- adjusted-gross-income limit) will be allowed for the unrecovered cost on her final income tax return.

General Rule

If your annuity starting date is after November 18, 1996, you cannot use the General Rule to figure the tax-free part of your CSRS or FERS annuity. If your annuity starting date is after July 1, 1986, but before November 19, 1996, you could have chosen to use either the General Rule or the Simplified Method. If your annuity starting date is before July 2, 1986, you could have chosen to use the General Rule only if you could not use the Three-Year Rule.

Under the General Rule, you figure the tax-free part of each full monthly payment by multiplying the initial gross monthly rate of your annuity by an exclusion percentage. Figuring this percentage is complex and requires the use of actuarial tables. For these tables and other information about using the General Rule, see Publication 939.

Three-Year Rule

If your annuity starting date was before July 2, 1986, you probably had to report your annuity using the Three-Year Rule. Under this rule, you excluded all the annuity payments from income until you fully recovered your cost. After your cost was recovered, all payments became fully taxable. You cannot use another rule to again exclude amounts from income.

The Three-Year Rule was repealed for retirees whose annuity starting date is after July 1, 1986.

Alternative Annuity Option

If you are eligible, you may choose an alternative form of annuity. If you make this choice, you will receive a lump-sum payment equal to your contributions to the plan and a reduced monthly annuity. You are eligible to make this choice if you meet all of the following requirements.

  • You are retiring, but not on disability.

  • You have a life-threatening illness or other critical medical condition.

  • You do not have a former spouse entitled to court ordered benefits based on your service.

If you are not eligible or do not choose this alternative annuity, you can skip the following discussion and go to Federal Gift Tax on page 9.

Lump-Sum Payment

The lump-sum payment you receive under the alternative annuity option generally has a tax-free part and a taxable part. The tax-free part represents part of your cost. The taxable part represents part of the earnings on your annuity contract. If your lump-sum credit (discussed later) includes a deemed deposit or redeposit, the taxable amount may be more than the lump-sum payment.

You must include the taxable part of the lump-sum payment in your income for the year you receive the payment unless you roll it over into another qualified plan or a traditional IRA. If you do not have OPM transfer the taxable amount to an IRA or other plan in a direct rollover, tax will be withheld at a 20% rate. See Rollover Rules, later, for information on how to make a rollover.

Caution
OPM can make a direct rollover only up to the amount of the lump-sum payment. Therefore, to defer tax on the full taxable amount if it is more than the payment, you must add funds from another source.

The taxable part of the lump-sum payment does not qualify as a lump-sum distribution eligible for capital gain treatment or the 10-year tax option. It also may be subject to an additional 10% tax on early distributions if you separate from service before the calendar year in which you reach age 55. For more information, see Lump-Sum Distributions and Tax on Early Distributions in Publication 575.

Worksheet B.   Use Worksheet B, Lump-Sum Payment (near the end of this publication), to figure the taxable part of your lump-sum payment. Be sure to keep the completed worksheet for your records.

  To complete the worksheet, you will need to know the amount of your lump-sum credit and the present value of your annuity contract.

Lump-sum credit.   Generally, this is the same amount as the lump-sum payment you receive (the total of your contributions to the retirement system). However, for purposes of the alternative annuity option, your lump-sum credit also may include deemed deposits and redeposits that OPM advanced to your retirement account so that you are given credit for the service they represent. Deemed deposits (including interest) are for federal employment during which no retirement contributions were taken out of your pay. Deemed redeposits (including interest) are for any refunds of retirement contributions that you received and did not repay. You are treated as if you had received a lump-sum payment equal to the amount of your lump-sum credit and then had made a repayment to OPM of the advanced amounts.

Present value of your annuity contract.   The present value of your annuity contract is figured using actuarial tables provided by the IRS.

Phone number
If you are receiving a lump-sum payment under the Alternative Annuity Option, you can call IRS Actuarial Group 1 at 202-283-9717 (not a toll-free call) to find out the present value of your annuity contract.

Example.

David Brown retired from the federal government in 2004, one month after his 55th birthday. He had contributed $31,000 to his retirement plan and chose to receive a lump-sum payment of that amount under the alternative annuity option. The present value of his annuity contract was $155,000.

The tax-free part and the taxable part of the lump-sum payment are figured using Worksheet B, as shown below. The taxable part ($24,800) is also his net cost in the plan, which is used to figure the taxable part of his reduced annuity payments. See Worksheet A, later under Reduced Annuity.

Worksheet B. Lump-Sum Payment for David Brown Keep for Your Records See the instructions in Part II of this publication under Alternative Annuity Option.


1.
Enter your lump-sum credit (your cost in the plan at the annuity starting date) 1. $ 31,000
2. Enter the present value of your annuity contract 2. 155,000
3. Divide line 1 by line 2 3. .20
4. Tax-free amount. Multiply line 1 by line 3. (Caution: Do not include this amount on line 6 of Worksheet A in this publication.) 4. $6,200
5. Taxable amount (net cost in the plan). Subtract line 4 from line 1. Include this amount in the total on line 16b of Form 1040 or line 12b of Form 1040A. Also, enter this amount on line 2 of Worksheet A in this publication. 5. $24,800
 

Worksheet B. Lump-Sum Payment for David Brown Keep for Your Records See the instructions in Part II of this publication under Alternative Annuity Option.


1.
Enter your lump-sum credit (your cost in the plan at the annuity starting date) 1. $ 31,000
2. Enter the present value of your annuity contract 2. 155,000
3. Divide line 1 by line 2 3. .20
4. Tax-free amount. Multiply line 1 by line 3. (Caution: Do not include this amount on line 6 of Worksheet A in this publication.) 4. $6,200
5. Taxable amount (net cost in the plan). Subtract line 4 from line 1. Include this amount in the total on line 16b of Form 1040 or line 12b of Form 1040A. Also, enter this amount on line 2 of Worksheet A in this publication. 5. $24,800
 

Lump-sum payment in installments.   If you choose the alternative annuity option, you usually will receive the lump-sum payment in two equal installments. You will receive the first installment after you make the choice upon retirement. The second installment will be paid to you, with interest, in the next calendar year. (Exceptions to the installment rule are provided for cases of critical medical need.)

  Even though the lump-sum payment is made in installments, the overall tax treatment (explained at the beginning of this discussion) is the same as if the whole payment were paid at once. If the payment has a tax-free part, you must treat the taxable part as received first.

How to report.   Add any actual or deemed payment of your lump-sum credit (defined earlier) to the total for Form 1040, line 16a, or Form 1040A, line 12a. Add the taxable part to the total for Form 1040, line 16b, or Form 1040A, line 12b, unless you roll over the taxable part to your traditional IRA or a qualified retirement plan.

   If you receive the lump-sum payment in two installments, include any interest paid with the second installment on line 8a of either Form 1040 or Form 1040A.

Reduced Annuity

If you have chosen to receive a lump-sum payment under the alternative annuity option, you also will receive reduced monthly annuity payments. These annuity payments each will have a tax-free and a taxable part. To figure the tax-free part of each annuity payment, you must use the Simplified Method (Worksheet A). For instructions on how to complete the worksheet, see Worksheet A under Simplified Method, earlier.

To complete Worksheet A, line 2, you must reduce your cost in the plan by the tax-free part of the lump-sum payment you received. Enter as your net cost on line 2 the amount from Worksheet B, line 5. Do not include the tax-free part of the lump-sum payment with other amounts recovered tax free (Worksheet A, line 6) when limiting your total exclusion to your total cost.

Example.

The facts are the same as in the example for David Brown in the preceding discussion. In addition, David received 10 annuity payments in 2004 of $1,200 each. Using Worksheet A, he figures the taxable part of his annuity payments. He completes line 2 by reducing his $31,000 cost by the $6,200 tax-free part of his lump-sum payment. His entry on line 2 is his $24,800 net cost in the plan (the amount from Worksheet B, line 5). He does not include the tax-free part of his lump-sum payment on Worksheet A, line 6. David's filled-in Worksheet A is shown on the next page.

Filled-In Worksheet A. Simplified Method for David Brown Keep for Your Records See the instructions in Part II of this publication under Simplified Method.

1. Enter the total annuity payments received this year. Also, add this amount to the total for Form 1040, line 16a, or Form 1040A, line 12a 1. $ 12,000
2. Enter your cost in the plan at the annuity starting date plus any death benefit exclusion * 2. 24,800
Note:If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below. Otherwise, go to line 3.  
3. Enter the appropriate number from Table 1 or 2 below. Use Table 2 if your annuity starting date is after 1997 and payments are for your life and the life of your beneficiary. Otherwise use Table 1 3. 360
4. Divide line 2 by line 3 4. 68.89
5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise go to line 6 5. 688.90
6. Enter any amounts previously recovered tax free in years after 1986 6. 0
7. Subtract line 6 from line 2 7. 24,800
8. Enter the smaller of line 5 or line 7 8. 688.90
9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead 9. $11,311.10
10. Add lines 6 and 8 10. 688.90
11. Balance of cost to be recovered. Subtract line 10 from line 2 11. $24,111.10
Table 1 for Line 3 Above
  IF the age at
annuity starting date was
  AND your
annuity starting date was—
    before November 19, 1996,
enter on line 3
after November 18, 1996,
enter on line 3
  55 or under 300 360
  56–60 260 310
  61–65 240 260
  66–70 170 210
  71 or over 120 160

Table 2 for Line 3 Above
  IF the combined ages at annuity starting date were   THEN enter on line 3      
  110 or under   410      
  111–120   360      
  121–130   310      
  131–140   260      
  141 or over   210      

*A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August 21, 1996.

Filled-In Worksheet A. Simplified Method for David Brown Keep for Your Records See the instructions in Part II of this publication under Simplified Method.

1. Enter the total annuity payments received this year. Also, add this amount to the total for Form 1040, line 16a, or Form 1040A, line 12a 1. $ 12,000
2. Enter your cost in the plan at the annuity starting date plus any death benefit exclusion * 2. 24,800
Note:If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below. Otherwise, go to line 3.  
3. Enter the appropriate number from Table 1 or 2 below. Use Table 2 if your annuity starting date is after 1997 and payments are for your life and the life of your beneficiary. Otherwise use Table 1 3. 360
4. Divide line 2 by line 3 4. 68.89
5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise go to line 6 5. 688.90
6. Enter any amounts previously recovered tax free in years after 1986 6. 0
7. Subtract line 6 from line 2 7. 24,800
8. Enter the smaller of line 5 or line 7 8. 688.90
9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead 9. $11,311.10
10. Add lines 6 and 8 10. 688.90
11. Balance of cost to be recovered. Subtract line 10 from line 2 11. $24,111.10
Table 1 for Line 3 Above
  IF the age at
annuity starting date was
  AND your
annuity starting date was—
    before November 19, 1996,
enter on line 3
after November 18, 1996,
enter on line 3
  55 or under 300 360
  56–60 260 310
  61–65 240 260
  66–70 170 210
  71 or over 120 160

Table 2 for Line 3 Above
  IF the combined ages at annuity starting date were   THEN enter on line 3      
  110 or under   410      
  111–120   360      
  121–130   310      
  131–140   260      
  141 or over   210      

*A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August 21, 1996.

Caution
Reemployment after choosing the alternative annuity option. If you chose this option when you retired and then you were reemployed by the federal government before retiring again, your Form CSA 1099R may show only the amount of your contributions to your retirement plan during your reemployment. If the amount on the form does not include all your contributions, disregard it and use your total contributions to figure the taxable part of your annuity payments.

Annuity starting date before November 19, 1996.   If your annuity starting date is before November 19, 1996, and you chose the alternative annuity option, the taxable and tax-free parts of your lump-sum payment and your annuity payments are figured using different rules. Under those rules, you do not reduce your cost in the plan (Worksheet A, line 2) by the tax-free part of the lump-sum payment. However, you must include that tax-free amount with other amounts previously recovered tax free (Worksheet A, line 6) when limiting your total exclusion to your total cost.

Federal Gift Tax

If, through the exercise or nonexercise of an election or option, you provide an annuity for your beneficiary at or after your death, you have made a gift. The gift may be taxable for gift tax purposes. The value of the gift is equal to the value of the annuity.

Joint and survivor annuity.   If the gift is an interest in a joint and survivor annuity where only you and your spouse can receive payments before the death of the last spouse to die, the gift generally will qualify for the unlimited marital deduction. This will eliminate any gift tax liability with regard to that gift.

  If you provide survivor annuity benefits for someone other than your current spouse, such as your former spouse, the unlimited marital deduction will not apply. This may result in a taxable gift.

More information.   For information about the gift tax, see Publication 950, Introduction to Estate and Gift Taxes and Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, and its instructions.

Retirement During the Past Year

If you have recently retired, the following discussions covering annual leave, voluntary contributions, and community property may apply to you.

Annual leave.   Treat a payment for accrued annual leave received on retirement as a salary payment. It is taxable as wages in the tax year you receive it.

Voluntary contributions.   Voluntary contributions to the retirement fund are those made in addition to the regular contributions that were deducted from your salary. They also include the regular contributions withheld from your salary after you have the years of service necessary for the maximum annuity allowed by law. Voluntary contributions are not the same as employee contributions to the Thrift Savings Plan. See Thrift Savings Plan, later.

Additional annuity benefit.   If you choose an additional annuity benefit from your voluntary contributions, it is treated separately from the annuity benefit that comes from the regular contributions deducted from your salary. This separate treatment applies for figuring the amounts to be excluded from, and included in, gross income. It does not matter that you receive only one monthly check covering both benefits. Each year you will receive a Form CSA 1099R that will show how much of your total annuity received in the past year was from each type of benefit.

  Figure the taxable and tax-free parts of your additional monthly benefits from voluntary contributions using the rules that apply to regular CSRS and FERS annuities, as explained earlier.

Refund of voluntary contributions.   If you choose a refund of your voluntary contributions plus accrued interest, the interest is taxable to you in the tax year it is distributed unless you roll it over to a traditional IRA or another qualified retirement plan. If you do not have OPM transfer the interest to a traditional IRA or other qualified retirement plan in a direct rollover, tax will be withheld at a 20% rate. See Rollover Rules, later. The interest does not qualify as a lump-sum distribution eligible for capital gain treatment or the 10-year tax option. It also may be subject to an additional 10% tax on early distributions if you separate from service before the calendar year in which you reach age 55. For more information, see Lump-Sum Distributions and Tax on Early Distributions in Publication 575.

Community property laws.   State community property laws apply to your annuity. These laws will affect your income tax only if you file a return separately from your spouse.

  Generally, the determination of whether your annuity is separate income (taxable to you) or community income (taxable to both you and your spouse) is based on your marital status and domicile when you were working. Regardless of whether you are now living in a community property state or a noncommunity property state, your current annuity may be community income if it is based on services you performed while married and domiciled in a community property state.

  At any time, you have only one domicile even though you may have more than one home. Your domicile is your fixed and permanent legal home to which, when absent, you intend to return. The question of your domicile is mainly a matter of your intentions as indicated by your actions.

  If your annuity is a mixture of community income and separate income, you must divide it between the two kinds of income. The division is based on your periods of service and domicile in community and noncommunity property states while you were married.

  For more information, see Publication 555, Community Property.

Reemployment After Retirement

If you retired from federal service and are later reemployed by the Federal Government, you can continue to receive your annuity during reemployment. The employing agency usually will pay you the difference between your salary for your period of reemployment and your annuity. This amount is taxable as wages. Your annuity will continue to be taxed just as it was before. If you are still recovering your cost, you continue to do so. If you have recovered your cost, the annuity you receive while you are reemployed generally is fully taxable.

Nonresident Aliens

The following special rules apply to nonresident alien federal employees performing services outside the United States and to nonresident alien retirees and beneficiaries.

Special rule for figuring your total contributions.   Your contributions to the retirement plan (your cost) also include the government's contributions to the plan to a certain extent. You include government contributions that would not have been taxable to you at the time they were contributed if they had been paid directly to you. For example, government contributions would not have been taxable to you if, at the time made, your services were performed outside the United States. Thus, your cost is increased by these government contributions and the benefits that you, or your beneficiary, must include in income are reduced.

  This method of figuring your total contributions does not apply to any contributions the government made on your behalf after you became a citizen or resident of the United States.

Limit on taxable amount.   There is a limit on the taxable amount of payments received from the CSRS, the FERS, or the TSP by a nonresident alien retiree or nonresident alien beneficiary. This limited taxable amount is in the same proportion to the otherwise taxable amount that the retiree's total U.S. Government basic pay, other than tax-exempt pay for services performed outside the United States, is to the retiree's total U.S. Government basic pay for all services.

   Basic pay includes regular pay plus any standby differential. It does not include bonuses, overtime pay, certain retroactive pay, uniform or other allowances, or lump-sum leave payments.

  To figure the limited taxable amount of your CSRS or FERS annuity or your TSP distributions, use the following worksheet. (For an annuity, first complete Worksheet A in this publication.)

Worksheet C. Limited Taxable Amount for Nonresident Alien

1. Enter the otherwise taxable amount of the CSRS or FERS annuity (from line 9 of Worksheet A) or TSP distributions 1.  
2. Enter the total U.S. Government basic pay other than tax-exempt pay for services performed outside the United States 2.  
3. Enter the total U.S. Government basic pay for all services 3.  
4. Divide line 2 by line 3 4.  
5. Limited taxable amount. Multiply line 1 by line 4. Enter this amount on Form 1040NR, line 17b 5.  

Example 1.

You are a nonresident alien who performed all services for the U.S. Government abroad as a nonresident alien. You retired and began to receive a monthly annuity of $200. Your total basic pay for all services for the U.S. Government was $100,000.

The taxable amount of your annuity using Worksheet A in this publication is $720. You are a nonresident alien, so you figure the limited taxable amount of your annuity as follows.

Worksheet C. Limited Taxable Amount for Nonresident Alien — Example 1

1. Enter the otherwise taxable amount of the CSRS or FERS annuity (from line 9 of Worksheet A) or TSP distributions 1. $ 720
2. Enter the total U.S. Government basic pay other than tax-exempt pay for services performed outside the United States 2. 0
3. Enter the total U.S. Government basic pay for all services 3. 100,000
4. Divide line 2 by line 3 4. 0
5. Limited taxable amount. Multiply line 1 by line 4. Enter this amount on Form 1040NR, line 17b 5. 0

Example 2.

You are a nonresident alien who performed services for the U.S. Government as a nonresident alien both within the United States and abroad. You retired and began to receive a monthly annuity of $240.

Your total basic pay for your services for the U.S. Government was $120,000; $40,000 was for work done in the United States and $80,000 was for your work done in a foreign country.

The taxable amount of your annuity figured using Worksheet A in this publication is $1,980. You are a nonresident alien, so you figure the limited taxable amount of your annuity as follows.

Worksheet C. Limited Taxable Amount for Nonresident Alien — Example 2
1. Enter the otherwise taxable amount of the CSRS or FERS annuity (from line 9 of Worksheet A) or TSP distributions 1. $ 1,980
2. Enter the total U.S. Government basic pay other than tax-exempt pay for services performed outside the United States 2. 40,000
3. Enter the total U.S. Government basic pay for all services 3. 120,000
4. Divide line 2 by line 3 4. .333
5. Limited taxable amount. Multiply line 1 by line 4. Enter this amount on Form 1040NR, line 17b 5. 659

Thrift Savings Plan

All of the money in your Thrift Savings Plan (TSP) account is taxed as ordinary income when you receive it. This is because neither the contributions to your TSP account nor its earnings have been included previously in your taxable income. The way that you withdraw your account balance determines when you must pay the tax.

Uniformed services TSP accounts.   If you have a uniformed services TSP account that includes contributions from combat zone pay, the distributions attributable to those contributions are tax exempt. However, any earnings on those contributions are subject to tax when they are distributed. The statement you receive from the TSP will state the total amount of your distribution and the amount of your taxable distribution for the year. You can get more information from the TSP website, www.tsp.gov, or the TSP Service Office.

Direct rollover by the TSP.   If you ask the TSP to transfer any part of the money in your account to a traditional IRA or other qualified retirement plan, the tax on that part is deferred until you receive payments from the traditional IRA or other plan. See Rollover Rules, later.

TSP annuity.   If you ask the TSP to buy an annuity with the money in your account, the annuity payments are taxed when you receive them. The payments are not subject to the additional 10% tax on early distributions, even if you are under age 55 when they begin.