The law › Title 26, Internal Revenue Code › Chapter 1
26 U.S.C. 408: Individual retirement accounts
Created in 1974 by Public Law 93-406. Changed by 33 later laws. 1 bill in this Congress would change it.
11 other sections of the Code cite this one, including 12 U.S.C. 1464, 12 U.S.C. 1787, 12 U.S.C. 1821, 29 U.S.C. 1002, 29 U.S.C. 1003.
1 part of federal rules cite it as their authority, written by Internal Revenue Service, Department of the Treasury (1).
- past change
- enacted this Congress
- proposed
This Congress
- S. 5441 TAS Act · reported by committee · would change (i)
How it got here
2022
- Pub. L. 117–328, §107(d), in concluding provisions, substituted "the applicable age (determined under section 401(a)(9)(C)(v) for the calendar year in which such taxable year begins)" for "age 72". (Consolidated Appropriations Act, 2023) Law text · (b)
- Pub. L. 117–328, §332(b)(2), substituted "72(t)(6)(A)" for "72(t)(6)". (Consolidated Appropriations Act, 2023) Law text · (d)
- Pub. L. 117–328, §307(a), added subpar. (F). (Consolidated Appropriations Act, 2023) Law text · (d)
- Pub. L. 117–328, §307(b), added subpar. (G). (Consolidated Appropriations Act, 2023) Law text · (d)
- Pub. L. 117–328, §322(a), added cl. (iii). (Consolidated Appropriations Act, 2023) Law text · (e)
- Pub. L. 117–328, §601(b)(3), added par. (7) and redesignated former pars. (7) to (9) as (8) to (10), respectively. (Consolidated Appropriations Act, 2023) Law text · (k)
- Pub. L. 117–328, §401(b)(4), substituted "section 219(b)" for "subsection (b)". (Consolidated Appropriations Act, 2023) Law text · (o)
- Pub. L. 117–328, §116(a)(2), inserted concluding provisions. (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §116(a)(1), added cl. (iv). Former cl. (iv) redesignated (v). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §116(b)(1), substituted ", (iii), or (iv)" for "or (iii)". (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §116(a)(1), redesignated cl. (iv) as (v). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §117(d), added cl. (iii). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §117(c)(1), substituted "Except as provided in subclause (IV), the term" for "The term". (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §117(c)(3), substituted "the applicable percentage" for "3 percent". (Consolidated Appropriations Act, 2023) Law text · (p), (III)
- Pub. L. 117–328, §117(c)(2), added subcl. (IV). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §117(a), substituted "dollar amount is—" and subcls. (I) to (III) for "amount is $10,000." in cl. (i), added cl. (ii) and redesignated former cl. (ii) as (iii), and, in cl. (iii), designated existing provisions as subcl. (I), inserted subcl. heading, … (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §117(f), added cl. (iv). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §110(d), added subpar. (F). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §116(a)(4), added subpar. (G). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §117(e), added subpar. (H). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §116(a)(3), amended par. (8) generally. Prior to amendment, text read as follows: "In the case of any simple retirement account, subsections (a)(1) and (b)(2) shall be applied by substituting 'the sum of the dollar amount in effect under paragraph (2)(A)(ii) of this… (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §332(a), added par. (11). (Consolidated Appropriations Act, 2023) Law text · (p)
- Pub. L. 117–328, §601(c)(1), added par. (12). (Consolidated Appropriations Act, 2023) Law text · (p)
2019
- Pub. L. 116–94, §114(c), substituted "age 72" for "age 70½" in concluding provisions. (Further Consolidated Appropriations Act, 2020) Law text · (b)
- Pub. L. 116–94, §101(a)(3), added par. (3). (Further Consolidated Appropriations Act, 2020) Law text · (c)
- Pub. L. 116–94, §107(b), inserted at end "The amount of distributions not includible in gross income by reason of the preceding sentence for a taxable year (determined without regard to this sentence) shall be reduced (but not below zero) by an amount equal to the excess of—" and… (Further Consolidated Appropriations Act, 2020) Law text · (d)
- Pub. L. 116–94, §116(a)(1), added par. (5). (Further Consolidated Appropriations Act, 2020) Law text · (o)
2018
2017
- Pub. L. 115–97 substituted "clause (i) of section 121(d)(3)(C)" for "subparagraph (A) of section 71(b)(2)". Law text · (d)
2015
- Pub. L. 114–113, §112(a), struck out subpar. (F). Text read as follows: "This paragraph shall not apply to distributions made in taxable years beginning after December 31, 2014." (Consolidated Appropriations Act, 2016) Law text · (d)
- Pub. L. 114–113, §306(a), inserted "except in the case of a rollover contribution described in subsection (d)(3)(G) or a rollover contribution otherwise described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), which is made after the 2-year period… (Consolidated Appropriations Act, 2016) Law text · (p)
2014
- Pub. L. 113–295, §108(a), substituted "December 31, 2014" for "December 31, 2013". Law text · (d)
- Pub. L. 113–295, §221(a)(53), amended cl. (i) generally. Prior to amendment, cl. (i) listed applicable dollar amounts for subsec. (p)(2)(A)(ii) for calendar years 2002 to 2005 and thereafter. Law text · (p)
2013
- Pub. L. 112–240 substituted "December 31, 2013" for "December 31, 2011". (American Taxpayer Relief Act of 2012) Law text · (d)
2010
- Pub. L. 111–312 substituted "December 31, 2011" for "December 31, 2009". (Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010) Law text · (d)
2008
- Pub. L. 110–343 substituted "December 31, 2009" for "December 31, 2007". (Emergency Economic Stabilization Act of 2008) Law text · (d)
2007
- Pub. L. 110–172 substituted "all amounts in all individual retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includi… (Tax Technical Corrections Act of 2007) Law text · (d)
2006
- Pub. L. 109–280, which directed the amendment of section 408(d) by adding par. (8), without specifying the act to be amended, was executed by making the addition to this section, which is section 408 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. (Pension Protection Act of 2006) Law text · (d)
- Pub. L. 109–432 added par. (9). (Tax Relief and Health Care Act of 2006) Law text · (d)
2004
- Pub. L. 108–311, §408(a)(12), substituted "457(e)(16)," for "457(e)(16)". (Working Families Tax Relief Act of 2004) Law text · (a)
- Pub. L. 108–311, §408(a)(13), substituted "paragraph (6) or (7) of section 101" for "section 101(6)". (Working Families Tax Relief Act of 2004) Law text · (n)
- Pub. L. 108–311, §404(d), inserted at end "For purposes of the preceding sentence, amounts described in section 6051(a)(3) shall be determined without regard to section 3401(a)(3)." (Working Families Tax Relief Act of 2004) Law text · (p)
2002
- Pub. L. 107–147, §411(j)(1)(A), substituted "$450" for "$300". (Job Creation and Worker Assistance Act of 2002) Law text · (k)
- Pub. L. 107–147, §411(j)(1)(B), substituted "$450" for "$300" in two places. (Job Creation and Worker Assistance Act of 2002) Law text · (k)
- Pub. L. 107–147, §411(i)(1), reenacted heading without change and amended text of subpar. (A) generally. Prior to amendment, text read as follows: "The term 'qualified employer plan' has the meaning given such term by section 72(p)(4); except such term shall not include a governm… (Job Creation and Worker Assistance Act of 2002) Law text · (q)
2001
- Pub. L. 107–16, §641(e)(8), substituted "403(b)(8), or 457(e)(16)" for "or 403(b)(8),". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (a)
- Pub. L. 107–16, §601(b)(1), substituted "on behalf of any individual in excess of the amount in effect for such taxable year under section 219(b)(1)(A)" for "in excess of $2,000 on behalf of any individual". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (a)
- Pub. L. 107–16, §601(b)(3), substituted "the dollar amount in effect under section 219(b)(1)(A)" for "$2,000" in concluding provisions. (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (b)
- Pub. L. 107–16, §601(b)(2), substituted "the dollar amount in effect under section 219(b)(1)(A)" for "$2,000". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (b)
- Pub. L. 107–16, §642(a), inserted "or" at end of cl. (i), added cl. (ii) and concluding provisions, and struck out former cls. (ii) and (iii) which read as follows: (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (d)
- Pub. L. 107–16, §642(b)(2), substituted "(i) or (ii)" for "(i), (ii), or (iii)". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (d)
- Pub. L. 107–16, §642(b)(3), reenacted heading without change and amended text of subpar. (G) generally. Prior to amendment, text read as follows: "This paragraph shall not apply to any amount paid or distributed out of a simple retirement account (as defined in subsection (p)) un… (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (d)
- Pub. L. 107–16, §643(c), added subpar. (H). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (d)
- Pub. L. 107–16, §644(b), added subpar. (I). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (d)
- Pub. L. 107–16, §601(b)(4), struck out "$2,000" before "amounts". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (j)
- Pub. L. 107–16, §611(c)(1), substituted "$200,000" for "$150,000". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (k), (6), (8)
- Pub. L. 107–16, §611(f)(1), substituted "the applicable dollar amount" for "$6,000". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (p)
- Pub. L. 107–16, §611(f)(2), amended heading and text of subpar. (E) generally. Prior to amendment, text read as follows: "The Secretary shall adjust the $6,000 amount under subparagraph (A)(ii) at the same time and in the same manner as under section 415(d), except that the base … (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (p)
- Pub. L. 107–16, §611(g)(2), inserted at end "The preceding sentence shall be applied as if the term 'trade or business' for purposes of section 1402 included service described in section 1402(c)(6)." (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (p)
- Pub. L. 107–16, §601(b)(5), substituted "the dollar amount in effect under section 219(b)(1)(A)" for "$2,000". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (p)
- Pub. L. 107–16, §602(a), added subsec. (q) and redesignated former subsec. (q) as (r). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (q), (r)
2000
- Pub. L. 106–554 amended heading generally. Prior to amendment, heading read as follows: "Certain distributions of excess contributions after due date for taxable year". (Consolidated Appropriations Act, 2001) Law text · (d)
1998
- Pub. L. 105–206, §6018(b)(2), inserted "or simple retirement accounts" after "pensions" in heading. (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (d)
- Pub. L. 105–206, §6018(b)(1), inserted "or 402(k)" after "section 402(h)". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (d)
- Pub. L. 105–206, §6016(a)(1)(C)(i), substituted "the preceding sentence shall not apply" for "the preceding sentence shall apply only in accordance with rules similar to the rules of section 410(b)(6)(C)(i)" in last sentence. (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (p)
- Pub. L. 105–206, §6016(a)(1)(A), struck out "or (B)" after "(A)" in last sentence. (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (p)
- Pub. L. 105–206, §6016(a)(1)(C)(ii), struck out heading and text of cl. (iii). Text read as follows: "In the case of an employer who establishes and maintains a plan under this subsection for 1 or more years and who fails to meet any requirement of this subsection for any su… (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (p)
- Pub. L. 105–206, §6015(a), redesignated par. (8), relating to matching contributions on behalf of self-employed individuals not treated as elective employer contributions, as (9). (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (p), (9)
- Pub. L. 105–206, §6016(a)(1)(B), added par. (10). (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (p)
1997
- Pub. L. 105–34, §1601(d)(1)(A), substituted "31 days" for "30 days" in concluding provisions. (Taxpayer Relief Act of 1997) Law text · (i)
- Pub. L. 105–34, §302(d), struck out "under regulations" after "may require" in introductory provisions and struck out "in such regulations" after "prescribes" in pars. (1) and (2)(B). (Taxpayer Relief Act of 1997) Law text · (i)
- Pub. L. 105–34, §1601(d)(1)(B), substituted "of an employer if the terms of simplified employee pensions of such employer" for "if the terms of such pension". (Taxpayer Relief Act of 1997) Law text · (k)
- Pub. L. 105–34, §1601(d)(1)(C)(i), inserted "and the issuer of an annuity established under such an arrangement" after "under subsection (p)" in introductory provisions and "or issuer" after "trustee" in cl. (i). (Taxpayer Relief Act of 1997) Law text · (l)
- Pub. L. 105–34, §304(a), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "In the case of an individual retirement account, paragraph (2) shall not apply to— (Taxpayer Relief Act of 1997) Law text · (m)
- Pub. L. 105–34, §1601(d)(1)(E), inserted at end "If only individuals other than employees described in subparagraph (A) or (B) of section 410(b)(3) are eligible to participate in such arrangement, then the preceding sentence shall be applied without regard to any qualified pla… (Taxpayer Relief Act of 1997) Law text · (p)
- Pub. L. 105–34, §1601(d)(1)(F), added cl. (iii). (Taxpayer Relief Act of 1997) Law text · (p)
- Pub. L. 105–34, §1601(d)(1)(G), substituted "simple" for "simplified" in introductory provisions. (Taxpayer Relief Act of 1997) Law text · (p)
- Pub. L. 105–34, §1601(d)(1)(D), added par. (8) relating to coordination with maximum limitation under subsection (a). (Taxpayer Relief Act of 1997) Law text · (p)
- Pub. L. 105–34, §1501(b), added par. (8) relating to matching contributions on behalf of self-employed individuals not treated as elective employer contributions. (Taxpayer Relief Act of 1997) Law text · (p)
1996
- Pub. L. 104–188, §1421(b)(3)(B), added subpar. (G). (Small Business Job Protection Act of 1996) Law text · (d)
- Pub. L. 104–188, §1427(b)(3), substituted "the dollar amount in effect under section 219(b)(1)(A)" for "$2,250" in introductory provisions. (Small Business Job Protection Act of 1996) Law text · (d)
- Pub. L. 104–188, §1455(b)(1), inserted "aggregating $10 or more in any calendar year" after "distributions" in introductory provisions. (Small Business Job Protection Act of 1996) Law text · (i)
- Pub. L. 104–188, §1421(b)(6), inserted at end "In the case of a simple retirement account under subsection (p), only one report under this subsection shall be required to be submitted each calendar year to the Secretary (at the time provided under paragraph (2)) but, in addition to the report under… (Small Business Job Protection Act of 1996) Law text · (i)
- Pub. L. 104–188, §1431(c)(1)(B), substituted "section 414(q)(4)" for "section 414(q)(7)". (Small Business Job Protection Act of 1996) Law text · (k)
- Pub. L. 104–188, §1421(c), added subpar. (H). (Small Business Job Protection Act of 1996) Law text · (k)
- Pub. L. 104–188, §1421(b)(5), designated existing provisions as par. (1), inserted heading, and added par. (2). (Small Business Job Protection Act of 1996) Law text · (l)
- Pub. L. 104–188, §1421(a), added subsec. (p) and redesignated former subsec. (p) as (q). (Small Business Job Protection Act of 1996) Law text · (p), (q)
1994
- Pub. L. 103–465 inserted before period at end "; except that any increase in the $300 amount which is not a multiple of $50 shall be rounded to the next lowest multiple of $50". · (k)
1993
- Pub. L. 103–66, §13212(b)(1), substituted "$150,000" for "$200,000". · (k), (6)
- Pub. L. 103–66, §13212(b)(2), amended heading and text of par. (8) generally. Prior to amendment, text read as follows: "The Secretary shall adjust the $300 amount in paragraph (2)(C) and the $200,000 amount in paragraphs (3)(C) and (6)(D)(ii) at the same time and in the same manner… · (k)
1992
- Pub. L. 102–318, §521(b)(16), substituted "402(c)" for "402(a)(5), 402(a)(7)". · (a)
- Pub. L. 102–318, §521(b)(17), amended clause (ii) generally. Prior to amendment, clause (ii) read as follows: "the entire amount received (including money and any other property) represents the entire amount in the account or the entire value of the annuity and no amount in t… · (d)
- Pub. L. 102–318, §521(b)(18), struck out at end "Clause (ii) of subparagraph (A) shall not apply to any amount paid or distributed out of an individual retirement account or an individual retirement annuity to which an amount was contributed which was treated as a rollover contri… · (d)
- Pub. L. 102–318, §521(b)(19), substituted "402(c)(7)" for "402(a)(6)(H)". · (d)
1989
- Pub. L. 101–239, §7811(m)(7), struck out "(without regard to subparagraph (C)(ii) thereof)" after "section 401(a)(9)". · (a), (b)
- Pub. L. 101–239, §7841(a)(1), substituted "his spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2)" for "his former spouse under a divorce decree or under a written instrument incident to such divorce". · (d)
1988
- Pub. L. 100–647, §1011(b)(1), substituted "in which the taxable year begins" for "with or within which the taxable year ends". · (d)
- Pub. L. 100–647, §1011A(a)(2)(A), struck out at end "Clause (ii) shall not apply during the 5-year period beginning on the date of the qualified total distribution referred to in such clause if the individual was treated as a 5-percent owner with respect to such distribution unde… · (d)
- Pub. L. 100–647, §1018(t)(3)(D), substituted "paragraph" for "subparagraph". · (d)
- Pub. L. 100–647, §1011(b)(2), substituted "Contributions" for "Excess contributions" in heading, struck out "to the extent that such contribution exceeds the amount allowable as a deduction under section 219" after "individual retirement annuity" in introductory provisions, and subs… · (d)
- Pub. L. 100–647, §1011(b)(3), substituted "shall be computed without regard to section 219(g)" for "(after application of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible limit under section 408(o)(2)(B)" in last sentence. · (d)
- Pub. L. 100–647, §1011(f)(5), added par. (7). · (d)
- Pub. L. 100–647, §1011(i)(5), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "For purposes of subparagraph (A)— · (k)
- Pub. L. 100–647, §1011(f)(3)(C), struck out "total" before "compensation". · (k)
- Pub. L. 100–647, §1011(f)(1), substituted "Arrangements which qualify" for "In general" in heading and amended text generally. Prior to amendment, text read as follows: "A simplified employee pension shall not fail to meet the requirements of this subsection for a year merely bec… · (k)
- Pub. L. 100–647, §1011(c)(7)(C), added cl. (iv). · (k)
- Pub. L. 100–647, §1011(f)(2), inserted "who were eligible to participate (or would have been required to be eligible to participate if a pension was maintained)" after "than 25 employees". · (k)
- Pub. L. 100–647, §1011(f)(3)(A), substituted "(not in excess of the first $200,000)" for "(within the meaning of section 414(s))". · (k)
- Pub. L. 100–647, §1011(f)(4), added subpar. (f) and redesignated former subpar. (F) as (G). · (k), (G)
- Pub. L. 100–647, §1011(f)(3)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "The term 'compensation' means, in the case of an employee within the meaning of section 401(c)(1), earned income within the meaning of section 401(c)(2)." · (k)
- Pub. L. 100–647, §1011(f)(3)(D), (10), substituted "paragraphs (3)(C) and (6)(D)(ii)" for "paragraph (3)(C)" and inserted ", except that in the case of years beginning after 1988, the $200,000 amount (as so adjusted) shall not exceed the amount in effect under section 401(a)(17)" af… · (k)
- Pub. L. 100–647, §6057(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "In the case of an individual retirement account, paragraph (2) shall not apply to any gold coin described in paragraph (7), (8), (9), or (10) of section 5112(a) of title 31 or any s… · (m)
- Pub. L. 100–647, §1011(b)(1), substituted "in which the taxable year begins" for "with or within which the taxable year ends". · (o)
1986
- Pub. L. 99–514, §1852(a)(1), substituted "(without regard to subparagraph (C)(ii) thereof) and the incidental death benefit requirements of section 401(a)" for "(relating to required distributions)". · (a), (b)
- Pub. L. 99–514, §1852(a)(7)(A), substituted "paragraphs (1) through (6)" for "paragraphs (1) through (7)". · (c)
- Pub. L. 99–514, §1102(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Except as otherwise provided in this subsection, any amount paid or distributed out of an individual retirement account or under an individual retirement annuity shall be included in… · (d)
- Pub. L. 99–514, §1102(c), substituted "Special rules for applying section 72" for "Distributions of annuity contracts" in heading and amended par. generally. Prior to amendment, par. (2) read as follows: "Paragraph (1) does not apply to any annuity contract which meets the requireme… · (d)
- Pub. L. 99–514, §1875(c)(8)(C), inserted at end "Clause (ii) shall not apply during the 5-year period beginning on the date of the qualified total distribution referred to in such clause if the individual was treated as a 5-percent owner with respect to such distribution under se… · (d)
- Pub. L. 99–514, §1875(c)(8)(A), (B), struck out "(other than a trust forming part of a plan under which the individual was an employee within the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan)" after "section 501(a)" and struck … · (d)
- Pub. L. 99–514, §1121(c)(2), made amendment identical to Pub. L. 99–514, §1875(c)(8)(A), (B), see above. · (d)
- Pub. L. 99–514, §1852(a)(5)(C), added subpar. (E). · (d)
- Pub. L. 99–514, §1122(e)(2)(B), added subpar. (F). · (d)
- Pub. L. 99–514, §1102(b)(2), inserted at end "For purposes of this paragraph, the amount allowable as a deduction under section 219 (after application of section 408(o)(2)(B)(ii)) shall be increased by the nondeductible limit under section 408(o)(2)(B)." · (d)
- Pub. L. 99–514, §1875(c)(6)(A), substituted "the dollar limitation in effect under section 415(c)(1)(A) for such taxable year" for "$15,000". · (d)
- Pub. L. 99–514, §1123(d)(2), struck out subsec. (f) which related to additional tax on certain amounts included in gross income before age 59½. · (f)
- Pub. L. 99–514, §1102(e)(2), amended last sentence generally. Prior to amendment, last sentence read as follows: "The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required … · (i)
- Pub. L. 99–514, §1108(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "This paragraph is satisfied with respect to a simplified employee pension for a calendar year only if for such year the employer contributes to the simplified employee pension of eac… · (k)
- Pub. L. 99–514, §1898(a)(5), substituted "age 21" for "age 25". · (k)
- Pub. L. 99–514, §1108(g)(4), substituted "year" for "calendar year". · (k)
- Pub. L. 99–514, §1108(g)(1)(A), substituted "any highly compensated employee (within the meaning of section 414(q))" for "any employee who is— · (k)
- Pub. L. 99–514, §1108(g)(1)(B), inserted "and except as provided in subparagraph (D)," and "(other than contributions under an arrangement described in paragraph (6))", and struck out end sentence which read as follows: "The Secretary shall annually adjust the $200,000 amount con… · (k)
- Pub. L. 99–514, §1108(g)(1)(C), added subpar. (D) and struck out former subpar. (D), treatment of certain contributions and taxes, which read "Except as provided in this subparagraph, employer contributions do not meet the requirements of this paragraph unless such contribut… · (k), (E)
- Pub. L. 99–514, §1108(a), added par. (6). · (k)
- Pub. L. 99–514, §1108(f), added subpar. (C). · (k)
- Pub. L. 99–514, §1108(e), added par. (8). · (k)
- Pub. L. 99–514, §1108(g)(6), added par. (9). · (k)
- Pub. L. 99–514, §1144(a), added par. (3). · (m)
- Pub. L. 99–514, §1102(a), added subsec. (o) and redesignated former subsec. (o) as (p). · (o), (p)
1984
- Pub. L. 98–369, §491(d)(19), substituted "or 403(b)(8)" for "403(b)(8), 405(d)(3), or 409(b)(3)(C)". · (a)
- Pub. L. 98–369, §521(b)(1), added par. (6) and struck out former par. (6) which provided that the entire interest of an individual for whose benefit the trust is maintained will be distributed to him not later than the close of his taxable year in which he attains age 70½, or will b… · (a)
- Pub. L. 98–369, §521(b)(1), struck out par. (7) which provided that if (A) an individual for whose benefit the trust is maintained dies before his entire interest has been distributed to him, or (B) distribution has been commenced as provided in paragraph (6) to his surviving spouse… · (a)
- Pub. L. 98–369, §521(b)(2), added par. (3) and struck out former par. (3) which provided that the entire interest of the owner will be distributed to him not later than the close of his taxable year in which he attains age 70½, or will be distributed, in accordance with regulations … · (b)
- Pub. L. 98–369, §521(b)(2), redesignated par. (5) as (4) and struck out former par. (4) which provided that if (A) the owner dies before his entire interest has been distributed to him, or (B) distribution has been commenced as provided in paragraph (3) to his surviving spouse … · (b), (5)
- Pub. L. 98–369, §491(d)(20), struck out "or retirement bond" before "for the benefit". · (d)
- Pub. L. 98–369, §522(d)(12), substituted "rollover contribution of a qualified total distribution (as defined in section 402(a)(5)(E)(i)) from an employee's trust" for "rollover contribution from an employee's trust". · (d)
- Pub. L. 98–369, §491(d)(21), substituted "or an individual retirement annuity" for ", individual retirement annuity, or a retirement bond". · (d)
- Pub. L. 98–369, §713(g)(2), designated the subpar. (C), as added by section 335(a)(1) of Pub. L. 97–248, relating to permitting partial rollovers, as subpar. (D). · (d), (D)
- Pub. L. 98–369, §491(d)(22), struck out "bond," after "annuity,". · (d)
- Pub. L. 98–369, §491(d)(23), substituted "or an individual retirement annuity" for ", individual retirement annuity, or retirement bond", and "or annuity" for ", annuity, or bond". · (d)
- Pub. L. 98–369, §713(c)(2)(B), substituted "(as defined in subsection (n))" for "(as defined in section 401(d)(1))". · (h)
- Pub. L. 98–369, §147(a), inserted "(and the years to which they relate)". · (i)
- Pub. L. 98–369, §713(f)(2), amended par. (1) generally, designating existing provisions as subpar. (A) and adding subpar. (B). · (k)
- Pub. L. 98–369, §713(f)(5)(B), inserted provision which required annual adjustment of the $200,000 amount concurrently with the dollar amount adjustment in section 415(c)(1)(A). · (k)
- Pub. L. 98–369, §713(j), substituted in penultimate sentence "OASDI contributions (as defined in section 401(l)(2)" for "taxes paid under section 3111 (relating to tax on employers) with respect to an employee" and "as contributions by the employer to the employee's simplified em… · (k)
- Pub. L. 98–369, §491(d)(24), substituted "or 403(a)" for ", 403(a), or 405(a)". · (k)
1983
- Pub. L. 97–448, §103(d)(1)(B), substituted "$17,000" for "$15,000" in provisions preceding par. (1). · (j)
- Pub. L. 97–448, §103(d)(1)(A), inserted "(other than an employee within the meaning of section 401(c)(1))" after "a simplified employee pension on behalf of each employee". · (k)
- Pub. L. 97–448, §103(e)(1), amended directory language of Pub. L. 97–34, §314(b)(1), thereby correcting subsec. designations. See 1981 Amendment note below for subsecs. (m) and (n). · (m), (n)
1982
- Pub. L. 97–248, §237(e)(3)(A), substituted reference to subsection (n) of this section, for reference to section 401(d)(1). · (a)
- Pub. L. 97–248, §243(a)(1), amended par. (7) generally, designating existing provisions as subpars. (A) and (B), in subpar. (B), as so designated, striking out "if" before "distribution", in provisions following subpar. (B) substituting "will be distributed within 5 years after his … · (a)
- Pub. L. 97–248, §243(a)(2), amended par. (4) generally, designating existing provisions, as subpars. (A) and (B), in subpar. (B), as so redesignated, striking out "if" before "distribution", in provisions following subpar. (B) substituting "will be distributed within 5 years after h… · (b)
- Pub. L. 97–248, §243(b)(1)(A), added subpar. (C) relating to denial of rollover treatment for inherited accounts. · (d)
- Pub. L. 97–248, §335(a)(1), added subpar. (C) relating to permitting partial rollovers. · (d)
- Pub. L. 97–248, §238(d)(3), amended subsec. (j) generally, substituting provisions increasing amount by the amount of the limitation in effect under section 415(c)(1)(A), for provisions increasing amount by substituting "$15,000" for "$2,000". · (j)
- Pub. L. 97–248, §238(d)(4)(B), struck out reference to par. (6) of this subsection. · (k)
- Pub. L. 97–248, §238(d)(4)(C), amended subpar. (C) generally, striking out cl. "(i)" designation and cl. (ii) which related to taking into account compensation in excess of $100,000 with respect to a simplified employee pension. · (k)
- Pub. L. 97–248, §238(d)(4)(A), struck out par. (6) which related to prohibition on employer maintaining plan to which section 401(j) applies. · (k)
- Pub. L. 97–248, §237(e)(3)(B), added subsec. (n) and redesignated former subsec. (n) as (o). · (n), (o)
1981
- Pub. L. 97–34, §313(b)(2), inserted reference to section 405(d)(3). · (a)
- Pub. L. 97–34, §311(g)(1)(A), substituted "$2,000" for "$1,500". · (a)
- Pub. L. 97–34, §311(g)(1)(B), substituted in par. (2)(B) and provision following par. (5) "$2,000" for "$1,500". · (b)
- Pub. L. 97–34, §311(h)(2), substituted section "219" for "219 or 220" in provision preceding subpar. (A) and in subpar. (B). · (d)
- Pub. L. 97–34, §312(c)(5), substituted "$15,000" for "$7,500". · (d)
- Pub. L. 97–34, §311(g)(2), (h)(2), substituted "$2,250" for "$1,750" and "219" for "219 or 220" in two places. · (d)
- Pub. L. 97–34, §312(c)(5), substituted "$15,000" for "$7,500". · (j)
- Pub. L. 97–34, §311(g)(1)(C), substituted "$2,000" for "$1,500". · (j)
- Pub. L. 97–34, §312(b)(2), designated provision relating to compensation bearing a uniform relationship to total compensation as cl. (i), and in cl. (i) as so designated, substituted "$200,000" for "$100,000", and added cl. (ii). · (k)
- Pub. L. 97–34, §314(b)(1), as amended by Pub. L. 97–448, §103(e)(1), added subsec. (m) and redesignated former subsec. (m) as (n). · (m), (n)
1980
- Pub. L. 96–222, §101(a)(14)(B), inserted reference to section 402(a)(7). · (a)
- Pub. L. 96–222, §101(a)(10)(C), (14)(E)(ii), in subpar. (A) inserted provisions requiring that if employer contributions on behalf of the individual are paid for the taxable year to a simplified employee pension, the dollar amount of the preceding sentence be increased by the lessor… · (d)
- Pub. L. 96–222, §101(a)(10)(J)(i), struck out par. (3) which made reference to paragraph (5) of subsection (b). · (j)
- Pub. L. 96–222, §101(a)(10)(A), (F), (G), substituted in par. (1) "(5), and (6)" for "and (5)" and in par. (3)(D) "If the employer does not maintain an integrated plan at any time during the taxable year, taxes paid" for "Taxes paid", inserted in par. (2) provisions requiring that for … · (k)
- Pub. L. 96–605, §225(b)(3), (4), substituted "section 410(b)(3)" for "section 410(b)(2)". · (k), (3)
1978
- Pub. L. 95–600, §156(c)(3), inserted reference to section 403(b)(8). · (a)
- Pub. L. 95–600, §157(d)(1), (e)(1)(A), designated existing provisions as subpars. (B) and (C) and added subpar. (A), and in subpar. (B) as so designated, inserted "on behalf of any individual" after "annual premium", respectively. · (b)
- Pub. L. 95–600, §156(c)(1), added cl. (iii). · (d)
- Pub. L. 95–600, §157(g)(3), (h)(2), inserted provision relating to the applicability of clause (ii) of subparagraph (A) to any amount paid or distributed out of an individual retirement account or annuity to which an amount was contributed which was treated as a rollover contribu… · (d)
- Pub. L. 95–600, §703(c)(4), amended Pub. L. 94–455, §1501(b)(5). See 1976 Amendment note below. · (d)
- Pub. L. 95–600, §157(c)(1), added par. (5) and redesignated former par. (5) as (6). · (d), (6)
- Pub. L. 95–600, §152(a), added subsecs. (j) to (l) and redesignated former subsec. (j) as (m). · (j), (k), (l), (m)
1976
- Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (a), (6), (b)
- Pub. L. 94–455, §1501(b)(2), substituted "member (or spouse of an employee or member)" for "member". · (c)
- Pub. L. 94–455, §1501(b)(10), substituted "Notwithstanding any other provision of this title (including chapters 11 and 12), the basis" for "The basis". · (d)
- Pub. L. 94–455, §1501(b)(5), as amended by Pub. L. 95–600, §703(c)(4), inserted reference to section 220 and substituted "In the case of such a distribution, for purposes of section 61, any net income described in subparagraph (C) shall be deemed to have been earned and receivable i… · (d)
- Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (h), (i)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.