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Pub. 553, Highlights of 2006 Tax Changes 2006 Tax Year

3.   IRAs and Other Retirement Plans

This is archived information that pertains only to the 2006 Tax Year. If you
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2006 Changes

Last Day for Contributions and Withdrawals

Contributions can be made to your traditional IRA for a year at any time during the year or by the due date for filing your return for that year, not including extensions. Because Emancipation Day, April 16, 2007, is a legal holiday in the District of Columbia, contributions for 2006 must be made by April 17, 2007.

There is a 6% excise tax on excess contributions not withdrawn by the due date (plus extensions) for your return. You will not have to pay the 6% tax if any 2006 excess contributions are withdrawn by the due date (plus extensions).

Modified AGI Limit for Traditional IRA Contributions Increased

For 2006, if you were covered by a retirement plan at work, your deduction for contributions to a traditional IRA is reduced (phased out) if your modified adjusted gross income (AGI) is:

  • More than $75,000 but less than $85,000 for a married couple filing a joint return or a qualifying widow(er),

  • More than $50,000 but less than $60,000 for a single individual or head of household, or

  • Less than $10,000 for a married individual filing a separate return.

Nontaxable Combat Pay

If you received nontaxable combat pay in 2004 or 2005, and the treatment of the combat pay as compensation means that you can contribute more for those years than you already have, you can make additional contributions to an IRA for 2004 or 2005 by May 28, 2009. The contributions will be treated as having been made on the last day of the year for which they were made. If you have already filed your return for a year for which you make a contribution, you must file Form 1040X, Amended U.S. Individual Income Tax Return, by the latest of:

  • 3 years from the date you filed your original return for the year for which you made the contribution,

  • 2 years from the date you paid the tax due for the year for which you made the contribution, or

  • 1 year from the date on which you made the contribution.

Qualified Charitable Distributions

If you were at least age 70½ and you had a distribution made by the trustee of your IRA directly to a charitable organization, it may be nontaxable.

A qualified charitable distribution (QCD) is a nontaxable distribution made directly by the trustee of your IRA (other than a SEP or SIMPLE IRA) to an organization eligible to receive tax-deductible contributions. You must have been at least age 70½ when the distribution was made. Your total QCDs for the year cannot be more than $100,000. If you file a joint return, your spouse can also have a QCD of up to $100,000. However, the amount of the QCD is limited to the amount of the distribution that would otherwise be included in income. If your IRA includes nondeductible contributions, the distribution is first considered to be paid out of otherwise taxable income.

Qualified Public Safety Employees

If you are a qualified public safety employee, distributions made after August 17, 2006, from a governmental defined benefit pension plan are not subject to the additional tax on early distributions. You are a qualified public safety employee if you provided police protection, firefighting services, or emergency medical services for a state or municipality, and you separated from service after you attained age 50.

Qualified Reservist Distributions

A qualified reservist distribution is not subject to the additional (10%) tax on early distributions. A qualified reservist distribution is a distribution (a) from an IRA or elective deferrals under a section 401(k) or 403(b) plan, or a similar arrangement, (b) to an individual ordered or called to active duty (because he or she is a member of a reserve component) for a period of more than 179 days or for an indefinite period, and (c) made during the period beginning on the date of the order or call and ending at the close of the active duty period. You must be ordered or called to active duty after September 11, 2001, and before December 31, 2007.

If you received a qualified reservist distribution before 2006 and paid the 10% additional tax, you can claim a refund of that tax by filing Form 1040X to amend your return for the year in which you received the qualified reservist distribution. You have until August 16, 2007, to claim any refund or tax credit that would otherwise be barred by a statute of limitations.

You can choose to recontribute part or all of the distributions to an IRA. Generally, these additional contributions must be made within 2 years after your active-duty period ends. However, if your active duty period ended before August 17, 2006, you have until August 17, 2008, to make these special contributions. You cannot take a deduction for these contributions. However, the normal dollar limitations for contributions to IRAs do not apply to these special contributions, and you can make regular contributions to your IRA, up to the amount otherwise allowable.

Rollovers From Designated Roth Accounts

If you have elected to treat part or all of your elective deferrals to a qualified retirement program (401(k) or 403(b) plans) as after-tax Roth contributions to a designated Roth account, any distribution from your designated Roth account can be rolled over on a tax-free basis only if the rollover is made to another designated Roth account or Roth IRA that you maintain. See Publication 590, Individual Retirement Arrangements (IRAs), for more information.

Roth IRA Contribution Limit

If you were age 50 or older before 2007 and contributions on your behalf were made only to Roth IRAs, your contribution limit for 2006 is generally the lesser of:

  • $5,000, or

  • Your taxable compensation for the year.

However, if your modified AGI is above a certain amount, your contribution limit may be reduced.

Catch-Up Contributions to Thrift Savings Plan (TSP)

Participants in the TSP who are age 50 or older at the end of the year generally can make catch-up contributions to the plan. For 2006, the maximum catch-up contribution increased to $5,000. For more information, see Publication 721.

Traditional IRA Contribution and Deduction Limit

If you were age 50 or older before 2007, the most that could be contributed to your traditional IRA for 2006 is the smaller of the following amounts:

  • $5,000, or

  • Your taxable compensation for the year.

Qualified Plans

The following changes apply to qualified plans. For more information, see Publication 560.

Limits on contributions and benefits.   For 2006, the maximum annual benefit for a participant under a defined benefit plan has increased to the smaller of:
  • $175,000, or

  • 100% of the participant's average compensation for his or her highest 3 consecutive calendar years.

  For 2006, a defined contribution plan's maximum annual contributions and other additions (excluding earnings) to the account of a participant has increased to the smaller of:
  • $44,000, or

  • 100% of the compensation actually paid to the participant.

Compensation limit.   For 2006, the maximum compensation used for figuring contributions and benefits has increased to $220,000.

Elective deferrals (401(k) plans).   For 2006, the limit on elective deferrals for participants in 401(k) plans and SARSEPs (excluding SIMPLE plans) is $15,000.

Catch-up contributions.   For 2006, a plan can permit participants who are age 50 or older at the end of the calendar year to make catch-up contributions of up to $5,000.

  The catch-up contribution a participant can make for a year cannot exceed the smaller of:
  • $5,000, or

  • The excess of the participant's compensation over the elective deferrals that are not catch-up contributions.

Simplified Employee Pensions (SEPs)

The following changes apply to SEPs. For more information, see Publication 560.

Elective deferrals (SARSEPs) limit.   The limits on elective deferrals and catch-up contributions for participants in SARSEPs are discussed earlier under Elective deferrals (401(k) plans).

Deduction limit increased.   The maximum deduction for contributions to a SEP remains unchanged at 25% of the compensation paid or accrued during the year to your eligible employees participating in the plan. However, for 2006, the maximum combined deduction for a participant's elective deferrals and other SEP contributions has increased to $44,000.

Contribution limit increased.   For 2006, the annual limit on the amount of employer contributions to a SEP has increased to the smaller of:
  • $44,000, or

  • 25% of an eligible employee's compensation.

Compensation limit.   For 2006, the maximum amount of an employee's compensation you can consider when figuring SEP contributions (including elective deferrals) and the deduction for contributions has increased to $220,000.

SIMPLE Plans

The following change applies to SIMPLE plans. For more information, see Publication 560.

Catch-up contributions.   For 2006, a SIMPLE plan can permit participants who are age 50 or older at the end of the calendar year to make catch-up contributions up to $2,500.

403(b) Plans

The following changes apply to 403(b) plans. For more information, see Publication 571.

Increase in the limit on elective deferrals.   For 2006, the limit on elective deferrals has increased to $15,000.

Catch-up contributions.   If you are age 50 or older by the end of 2006, you may be permitted to make additional catch-up contributions of up to $5,000 to your 403(b) plan.

Limit on annual additions.   For 2006, the limit on annual additions has increased to $44,000.

2007 Changes

Catch-Up Contributions if Employer Bankrupt

For 2007, if you participated in a 401(k) plan and the employer who maintained the plan filed for bankruptcy, you may be able to contribute an additional $3,000 to your IRA. For this to apply the following conditions must be met.

  • You must have been a participant in a 401(k) plan under which the employer matched at least 50% of your contributions to the plan with stock of the company.

  • You must have been a participant in the 401(k) plan 6 months before the employer filed for bankruptcy.

  • The employer (or a controlling corporation) must have been a debtor in a bankruptcy case in an earlier year.

  • The employer (or any other person) must have been subject to indictment or conviction based on business transactions related to the bankruptcy.

If you choose to make these additional contributions, you cannot use the higher contribution and deduction limits for individuals who are age 50 or older.

Income Exclusion for Retired Public Safety Officer

For distributions in tax years beginning after 2006, you can elect to exclude from income an eligible retirement plan distribution if you are a retired public safety officer. The distribution must be from a governmental plan and must be transferred directly to pay premiums for accident or health insurance or qualified long-term care insurance for you, your spouse, or your dependents.

The maximum annual exclusion is $3,000. You cannot deduct these premiums as medical expenses or, if you are self-employed, health insurance costs.

Modified AGI Limit for Traditional IRA Contributions Increased

For 2007, if you are covered by a retirement plan at work, your deduction for contributions to a traditional IRA is reduced (phased out) if your modified adjusted gross income (AGI) is:

  • More than $83,000 but less than $103,000 for a married couple filing a joint return or a qualifying widow(er),

  • More than $52,000 but less than $62,000 for a single individual or head of household, or

  • Less than $10,000 for a married individual filing a separate return.

For 2007, if you are not covered by a retirement plan at work, your deduction for contributions to a traditional IRA may be reduced (phased out) if you either live with your spouse at any time during 2007 or file a joint return for 2007.

If you either live with your spouse or file a joint return, and your spouse is covered by a retirement plan at work, but you are not, your deduction is phased out if your AGI is more than $156,000 but less than $166,000. If your AGI is $166,000 or more, you cannot take a deduction for contributions to a traditional IRA. See How Much Can You Deduct in chapter 1 of Publication 590.

Rollovers by Nonspouse Beneficiary

After 2006, you may be able to roll over tax free all or a portion of a distribution you receive from an eligible retirement plan of a deceased employee. You must be the designated beneficiary of the employee, but you cannot be the surviving spouse. The distribution must be a direct trustee-to-trustee transfer to your IRA that was set up to receive the distribution. The transfer will be treated as an eligible rollover distribution and the receiving plan will be treated as an inherited IRA. For information on inherited IRAs, see Publication 590.

Modified AGI Limit for Retirement Savings Contribution Credit Increased

For 2007, you may be able to claim the retirement savings contribution credit if your modified adjusted gross income is not more than:

  • $52,000 if your filing status is married filing jointly,

  • $39,000 if your filing status is head of household, or

  • $26,000 if your filing status is single, married filing separately, or qualifying widow(er).

Rollover of Nontaxable Amounts

For tax years beginning after 2006, the nontaxable part of an eligible rollover distribution (such as after-tax contributions) from a qualified retirement plan can be rolled over to another qualified retirement plan or to an annuity contract described in section 403(b). Previously, this part of the distribution could be rolled over only to another qualified retirement plan that was a defined contribution plan.

The rollover must be a direct trustee-to-trustee transfer. The plan to which the rollover is made must separately account for these contributions and the earnings on them.

Modified AGI Limit for Roth IRA Contribution Increased

For 2007, your Roth IRA contribution limit is reduced (phased out) in the following situations.

  • Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $156,000. You cannot make a Roth IRA contribution if your modified AGI is $166,000 or more.

  • Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution is your modified AGI is $10,000 or more.

  • Your filing situation is different than either of those described above and your modified AGI is at least $99,000. You cannot make a Roth IRA contribution is your modified AGI is $114,000 or more.

Qualified Plans

The following changes apply to qualified plans. For more information, see Publication 560.

Limits on contributions and benefits.   For 2007, the maximum annual benefit for a participant under a defined benefit plan has increased to the smaller of:
  • $180,000, or

  • 100% of the participant's average compensation for his or her highest 3 consecutive calendar years.

  For 2007, a defined contribution plan's maximum annual contributions and other additions (excluding earnings) to the account of a participant has increased to the smaller of:
  • $45,000, or

  • 100% of the compensation actually paid to the participant.

Compensation limit.   For 2007, the maximum compensation used for figuring contributions and benefits has increased to $225,000.

Elective deferrals (401(k) plans).   For 2007, the limit on elective deferrals (excluding catch-up contributions) for participants in 401(k) plans and SARSEPs (excluding SIMPLE plans) is $15,500.

Simplified Employee Pensions (SEPs)

The following changes apply to SEPs. For more information, see Publication 560.

Elective deferrals (SARSEPs) limit.   The limits on elective deferrals for participants in SARSEPs are discussed earlier under Elective deferrals (401(k) plans).

Deduction limit increased.   The maximum deduction for contributions to a SEP remains unchanged at 25% of the compensation paid or accrued during the year to your eligible employees participating in the plan. However, for 2007, the maximum combined deduction for a participant's elective deferrals and other SEP contributions has increased to $45,000.

Contribution limit increased.   For 2007, the annual limit on the amount of employer contributions to a SEP has increased to the smaller of:
  • $45,000, or

  • 25% of an eligible employee's compensation.

Compensation limit.   For 2007, the maximum amount of an employee's compensation you can consider when figuring SEP contributions (including elective deferrals) and the deduction for contributions has increased to $225,000.

SIMPLE Plans

The following change applies to SIMPLE plans. For more information, see Publication 560.

Salary reduction contributions.   For 2007, the limit on salary reduction contributions (excluding catch-up contributions) to a SIMPLE plan is $10,500.

403(b) Plans

The following changes apply to 403(b) plans. For more information, see Publication 571.

Increase in the limit on elective deferrals.   For 2007, the limit on elective deferrals (excluding catch-up contributions) has increased to $15,500.

Limit on annual additions.   For 2007, the limit on annual additions has increased to $45,000.

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