(a) General rule. A tax equal to 50 percent of the amount by which the minimum amount required to be distributed from an individual retirement account or annuity described in section 408 during the taxable year of the payee under paragraph (b) of this section exceeds the amount actually distributed during the taxable year is imposed by section 4974 on the payee.
(b) Minimum amount required to be distributed. For purposes of this section, the minimum amount required to be distributed is the amount required under §1.408-2(b)(6)(v) to be distributed in the taxable year described in paragraph (a) of this section.
(c) Examples. The application of this section may be illustrated by the following examples.
Date | Life expectancy minus whole years elapsed | Account balance at beginning of each year | Annual payment |
---|---|---|---|
Jan. 1, 1986 | 22.0 | $10,000 | $455 |
Jan. 1, 1987 | 21.0 | 10,118 | 482 |
Jan. 1, 1988 | 20.0 | 10,214 | 511 |
Jan. 1, 1989 | 19.0 | 10,285 | 541 |
Jan. 1, 1990 | 18.0 | 10,329 | 574 |
Jan. 1, 1991 | 17.0 | 10,340 | 608 |
For 1986, 1987, 1989, and 1990, the amount required to be distributed under §1.408-2(b)(6)(v) is zero. Thus, H would have no excise tax liability under section 4974 for these years. In 1991, the year H attains age 701⁄2 , the amount required to be distributed from the account under §1.408-2(b)(6)(v) is $565, determined by dividing $10,340 (the account balance as of January 1, 1991) by 18.8 years (the joint life and last survivor expectancy of H and W, assuming they are both still living, as of January 1, 1991). If W should die after December 31, 1990, the joint life and last survivor expectancy determined on January 1, 1991 (18.3 years) would not be redetermined. Because the amount distributed from the account in 1991 ($608) exceeds the amount required to be distributed from the account in 1991 ($565), H has no excise tax liability under section 4974 for 1991.
[T.D. 7714, 45 FR 52799, Aug. 8, 1980]