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2012 State Tax

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2012 State Tax

2012 state tax Publication 550 - Introductory Material Table of Contents Future Developments What's New Reminders IntroductionOrdering forms and publications. 2012 state tax Tax questions. 2012 state tax Future Developments For the latest information about developments related to Publication 550, such as legislation enacted after it was published, go to www. 2012 state tax irs. 2012 state tax gov/pub550. 2012 state tax What's New Net investment income tax (NIIT). 2012 state tax  Beginning in 2013, you may be subject to the NIIT. 2012 state tax The NIIT applies at a rate of 3. 2012 state tax 8% to certain net investment income of individuals, estates, and trusts that have income above statutory threshold amounts. 2012 state tax See Net investment income tax (NIIT) , later. 2012 state tax Maximum capital gain rates. 2012 state tax  For 2013, the maximum capital gain rates are 0%, 15%, 20%, 25%, and 28%. 2012 state tax See Capital Gain Tax Rates , later, for more information. 2012 state tax Gift tax exclusion amount increased. 2012 state tax  For calendar year 2013, the first $14,000 of gifts to any person (other than gifts of future interests in property) are not included in the total amount of taxable gifts. 2012 state tax See Property Received as a Gift , later. 2012 state tax Reminders Mutual fund distributions. 2012 state tax  Publication 564, Mutual Fund Distributions, has been incorporated into this publication. 2012 state tax Foreign source income. 2012 state tax  If you are a U. 2012 state tax S. 2012 state tax citizen with investment income from sources outside the United States (foreign income), you must report that income on your tax return unless it is exempt by U. 2012 state tax S. 2012 state tax law. 2012 state tax This is true whether you reside inside or outside the United States and whether or not you receive a Form 1099 from the foreign payer. 2012 state tax Employee stock options. 2012 state tax  If you received an option to buy or sell stock or other property as payment for your services, see Publication 525, Taxable and Nontaxable Income, for the special tax rules that apply. 2012 state tax Photographs of missing children. 2012 state tax  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 2012 state tax Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. 2012 state tax You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. 2012 state tax Introduction This publication provides information on the tax treatment of investment income and expenses. 2012 state tax It includes information on the tax treatment of investment income and expenses for individual shareholders of mutual funds or other regulated investment companies, such as money market funds. 2012 state tax It explains what investment income is taxable and what investment expenses are deductible. 2012 state tax It explains when and how to show these items on your tax return. 2012 state tax It also explains how to determine and report gains and losses on the disposition of investment property and provides information on property trades and tax shelters. 2012 state tax The glossary at the end of this publication defines many of the terms used. 2012 state tax Investment income. 2012 state tax   This generally includes interest, dividends, capital gains, and other types of distributions including mutual fund distributions. 2012 state tax Investment expenses. 2012 state tax   These include interest paid or incurred to acquire investment property and expenses to manage or collect income from investment property. 2012 state tax Qualified retirement plans and IRAs. 2012 state tax   The rules in this publication do not apply to mutual fund shares held in individual retirement arrangements (IRAs), section 401(k) plans, and other qualified retirement plans. 2012 state tax The value of the mutual fund shares and earnings allocated to you are included in your retirement plan assets and stay tax free generally until the plan distributes them to you. 2012 state tax The tax rules that apply to retirement plan distributions are explained in the following publications. 2012 state tax Publication 560, Retirement Plans for Small Business. 2012 state tax Publication 571, Tax-Sheltered Annuity Plans. 2012 state tax Publication 575, Pension and Annuity Income. 2012 state tax Publication 590, Individual Retirement Arrangements (IRAs). 2012 state tax Publication 721, Tax Guide to U. 2012 state tax S. 2012 state tax Civil Service Retirement Benefits. 2012 state tax    Comments and suggestions. 2012 state tax   We welcome your comments about this publication and your suggestions for future editions. 2012 state tax   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. 2012 state tax NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. 2012 state tax Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. 2012 state tax   You can send your comments from www. 2012 state tax irs. 2012 state tax gov/formspubs/. 2012 state tax Click on “More Information” and then on “Comment on Tax Forms and Publications. 2012 state tax ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. 2012 state tax Ordering forms and publications. 2012 state tax   Visit www. 2012 state tax irs. 2012 state tax gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. 2012 state tax Internal Revenue Service 1201 N. 2012 state tax Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. 2012 state tax   If you have a tax question, check the information available on IRS. 2012 state tax gov or call 1-800-829-1040. 2012 state tax We cannot answer tax questions sent to either of the above addresses. 2012 state tax Prev  Up  Next   Home   More Online Publications
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Audit Techniques Guides (ATGs)

These Audit Techniques Guides (ATGs) help IRS examiners during audits by providing insight into issues and accounting methods unique to specific industries. While ATGs are designed to provide guidance for IRS employees, they’re also useful to small business owners and tax professionals who prepare returns.

ATGs explain industry-specific examination techniques and include common, as well as, unique industry issues, business practices and terminology. Guidance is also provided on the examination of income, interview techniques and evaluation of evidence. So they may be helpful for business and tax planning purposes. To find out more about how these guides may be helpful to you, watch this short video.

Audit Techniques Guides are available here in Adobe PDF, or as Web pages, or both. The PDF versions must be viewed with the Acrobat Reader.

NOTE: These guides are current through the publication date. Since changes may have occurred after the publication date that would affect the accuracy of these documents, no guarantees are made concerning the technical accuracy after the publication date.


A B C D E F G H I J K L M N O P Q R S T U V W X Y Z


Aerospace Industry
Publication Date: 01/2005
The Service has prepared a comprehensive audit techniques guide to assist examiners in evaluating research credit in the aerospace industry. The guide focuses on the particular unique aspects of the industry and provides examiners tools and tests to utilize in evaluating and auditing research credit.


Air Transportation (PDF - 1.85MB)
Publication Date: 04/2008
Overview of excise tax paid for transportation of persons or property by air.


Architects and Landscape Architects (PDF - 378.27KB)
Publication Date:
08/2011
This audit technique guide (ATG) has been developed to provide guidance to taxpayers as well as to revenue agents and tax compliance officers conducting examinations in the architect and landscape architect service industries.


Art Galleries - Audit Technique Guide (PDF - 461KB)
Publication Date: 01/2012
This Audit Technique Guide (ATG) has been developed to provide guidance to taxpayers as well as to revenue agents and tax compliance officers conducting examinations of Art Galleries.


Attorneys Audit Technique Guide (PDF - 525.34KB)
Publication Date: 03/2011
The Attorneys Audit Techniques Guide is intended to provide guidance to the examiner who is auditing a taxpayer who is an attorney or an attorney firm and to provide tax related guidance to taxpayers and other professionals in this industry.


Business Consultants (PDF - 700KB)
Publication Date: 07/2011
The Business Consultants ATG now includes an income section that addresses the shifting or the assignment of income issue and the substance versus form issue an examiner may encounter when conducting an examination.


Capitalization v Repairs
Publication Date: 11/2010
The ATG provides techniques for reviewing and examining capitalization v repairs issues.


Cash Intensive Businesses
Publication Date: 04/2010
Businesses that have substantial cash transactions are included in the consolidated Cash Intensive Businesses Audit Techniques Guide. Some of these businesses include bail bonds, beauty shops, car washes, check cashing establishments, coin operated amusements, laundromats, scrap metal, some convenience stores and Taxicabs. Guidance is also provided on examination of income, interview techniques, and evaluation of evidence.


Child Care Provider (PDF - 220KB)
Publication Date: 3/30/2009
This Audit Techniques Guide will provide information on tax related issues pertaining to the child care providers industry. It provides guidance on accounting for income and deductions. Intended audiences are taxpayers, tax professionals and IRS examiners.


Coal Excise Tax (PDF - 471KB)
Publication Date: 05/2005
Provides excise tax agents with specific tools to examine issues relating to domestically produced coal.


Commercial Banking (PDF - 857KB)
Publication Date: 05/2001
Overview of the industry. Discusses potential issues and terminology unique to banking.


Conservation Easement (PDF - 926KB)
Publication Date: 11/2011
Audit Techniques Guide providing guidance on charitable contributions of conservation easements.


Construction Industry (PDF - 2.6MB)
Publication Date: 05/2009
Overview of the industry including a glossary. Discusses types of contracts; types of contractors; methods of accounting; and joint ventures. This updated guide includes the filing locations for Rev. Proc. 92-29 elections (Chpt 7); includes contractor square footage costs (Chpt. 11); and common errors in look-back interest filings (Chpt. 5). See also Examination and Closing Procedures Form 8697, Look-Back Interest, Publication Date: 05/2007, for general information regarding the application of Form 8697, Interest Computation Under the Look-Back Method for Completed Long-Term Contracts.


Continuation of Employee Healthcare Coverage (PDF - 360KB)
Publication Date: 03/2012
This audit techniques guide was developed to provide guidance to IRS employees and taxpayers concerning the Consolidated Omnibus Budget Reconciliation Act of 1985.


Cost Segregation
Publication Date: 01/14/2005
The Service has prepared a comprehensive audit techniques guide to assist examiners in evaluating cost segregation studies submitted by taxpayers in support of depreciation deductions. The guide is also beneficial for taxpayers and practitioners in preparing these studies.


Credit for Increasing Research Activities (i.e. Research Tax Credit) IRC § 41 (PDF -116KB)
Publication Date: 06/2005
This audit techniques guide sets forth the Research Credit Technical Advisors’ suggested guidelines for auditing research credit issues.


Excise Tax on Indoor Tanning Services (PDF - 469KB)
Publication Date: 12/2013

The Excise Tax on Indoor Tanning Services Audit Techniques Guide provides an overview of the indoor tanning tax and examination direction. Intended audiences are taxpayers, tax professionals and IRS examiners.


Executive Compensation - Fringe Benefits
Publication Date: 02/04/2005
Corporate executives often receive extraordinary fringe benefits that are not provided to other corporate employees. Any property or service that an executive receives in lieu of or in addition to regular taxable wages is a fringe benefit that may be subject to taxation.


Factoring of Receivables (PDF - 32KB)
Publication Date: 06/2006
This audit techniques guide focuses on a strategy in which multinational corporations use factoring of accounts receivable among related parties to avoid U.S. taxation by shifting income offshore and reducing U.S. income by deducting expenses related to the same income.


Farmers
Publication Date:
07/2006
The Farmers Audit Techniques Guide (ATG) focuses on developing highly trained examiners for the agricultural market segment. The Guide contain examination techniques, common and unique industry issues, business practices, industry terminology and other information to assist examiners in performing examinations. Some agricultural guides covered include cotton, raisin grapes, general livestock, livestock marketing/auction barns, grain, and tobacco.


Fishing Audit Technique Guide (PDF - 851KB)
Publication Date:
08/2011
This guide provides technical information and audit techniques for common issues in the fishing industry. The intended audience is fishermen, tax professionals and IRS examiners.


Foreign Insurance (PDF - 434KB)
Publication Date: 04/2008
This audit techniques guide was designed to assist the examiner in conducting audits where Excise Tax of Foreign Insurance transactions may be due.


Golden Parachute
Publication Date: 02/04/2005
The Service has prepared a comprehensive audit techniques guide to assist examiners in evaluating parachute examinations. The parachute examination can occur during the examination of either the corporation's or the individual's return.


Hardwood Timber Industry (PDF - 480KB)
Publication Date:
12/2012
This Industry Guide is intended for examiners conducting audits in the hardwood timber industry and as information for taxpayers and practitioners associated with the hardwood timber industry.


IC-DISC Audit Guide
Publication Date: 03/2012
This IC-DISC Audit Guide is intended to provide guidance to examiners who are auditing a Form 1120 IC-DISC and/or its related shareholder(s).


Inland Waterways (PDF - 607KB)
Publication Date: 12/2008
This audit techniques guide is intended to provide assistance to the examiner who is auditing a taxpayer for which the use of the Inland Waterways is an issue.


IRC 162(m) Salary Deduction Limitation
Publication Date: 02/04/2005
Every publicly held corporation maintains its executive compensation records differently. Likewise, every publicly held corporation maintains different methods for compensating its executives. As the examining agent, you must first learn the identity of the individual(s) within the corporation who are most familiar with how the executive compensation records are maintained.


IRC § 183: Activities Not Engaged in For Profit (PDF - 723KB)
Publication Date: 06/19/2009
This audit techniques guide (ATG) has been developed to provide guidance to Revenue Agents and Tax Compliance Officers in pursuing the application of IRC § 183, Activities Not Engaged in for Profit (sometimes referred to as the "hobby loss rule").


Lawsuits, Awards, and Settlements (PDF - 568 KB)
Publication Date: 05/2011
This guide focuses on taxability of lawsuits, awards and settlements.


Low-Income Housing Credit - Guide for Completing Form 8823 (PDF - 841 KB)
Publication Date: 01/2011
IRC 42, The Low-Income Housing Credit (LIHC) Program, is co-administered by the IRS and state housing credit agencies. As part of their administrative responsibilities, the agencies monitor the housing project for compliance with IRC 42 requirements and report any observed noncompliance to the IRS using Form 8823, Low-Income Housing Credit Agencies Report of Noncompliance or Building Disposition. This ATG provides state agencies with guidelines for evaluating taxpayer compliance and reporting noncompliance to the IRS.


Ministers (PDF - 243KB)
Publication Date: 04/23/2009
The Ministers Audit Techniques Guide is intended to provide guidance to the examiner who is auditing a taxpayer who is a minister and to provide tax related guidance to taxpayers and other professionals in this industry.


New Markets Tax Credit (PDF - 208KB)
Publication Date: 05/2010
The New Markets Tax Credit (NMTC) Program, enacted by Congress as part of the Community Renewal Tax Relief Act of 2000, is incorporated as section 45D of the Internal Revenue Code. This Code section permits individual and corporate taxpayers to receive a credit against federal income taxes for making Qualified Equity Investments (QEIs) in qualified community development entities (CDEs).


New Vehicle Dealership (PDF - 1.99 MB)
Publication Date: 1/2005
This guide will give you the key to a quick and competent closure of any new vehicle dealership examination which hinges on narrowing the scope of the examination to items that may prove productive.


Non-Qualified Deferred Compensation
Publication Date: 02/04/2005
The Service has prepared a comprehensive audit techniques guide to assist examiners in evaluating non-qualified deferred compensation. A nonqualified deferred compensation (NQDC) plan is any elective or nonelective plan, agreement, method, or arrangement between an employer and an employee (or service recipient and service provider) to pay the employee compensation some time in the future.


Obligations Not in Registered Form (PDF - 275KB)
Publication Date: 6/2006
Obligations Not in Registered Form


Obligations Not in Registered Form D (PDF - 84KB)
Publication Date: 06/2006
Obligations Not in Registered Form D


Oil and Gas Industry (PDF - 494KB)
Publication Date: 5/1996
Provides information on basic operations and common terminology. Includes reference to royalty owners and an introduction to financial products.


Ozone Depleting Chemicals (PDF - 412KB)
Publication Date: 9/2007
This is the audit techniques guide for Ozone Depleting Chemicals (ODC).


Partnerships
Publication Date: See Table of Contents for Publication/Revision Date of the Individual Chapters
The focus is on issues that fall within sections 701 through 761 of the Code (Subchapter K). Subchapter K deals primarily with the formation, operation, and termination of partnerships. Many issues arise during the initial or final year of the partnership.


Passive Activity Losses (PDF - 3437 KB)
Publication Date: 02/2005
Provides examiners with specific guidance on potential audit issues, issue identification and lead sheets and other job aids.


Placer Mining (PDF - 181KB)
Publication Date: 7/1999
Provides guidelines for the examination of taxpayers in this industry. Focuses on small mining operations represented as sole proprietorships on Schedule C, but can be adapted for partnership and corporate returns.


The Port Project (PDF - 282KB)
Publication Date: 8/1995
Provides examiners assistance in auditing industries related to coastal and inland waterways.


Reforestation Industry (PDF - 120KB)
Publication Date: 8/1995
Overview of the industry. Discusses some issues that may be encountered - including employment taxes; poor accounting records; etc.


Rehabilitation Tax Credit (PDF - 353KB)
Publication Date: 12/2002
Provides examiners with audit aids (i.e. issue checksheet, pro forma Information Document Request, and standardized audit reports, etc.) which assist in identifying and addressing common rehab tax credit issues.


Research Credit Claims: Credit for Increasing Research Activities § 41
Publication Date: See table of contents for publication/revision date for the individual chapters, exhibits, and letters & forms. This guide provides guidance on the handling and evaluation of research credit claims.


Retail Industry (PDF 785KB)
Publication Date: 2/2009
Overview of the Retail Industry.


Sections 48A and 48B - Advanced Coal and Gasification Project Credits
Publication Date: 5/2009
Section 46 provides that the amount of investment credit for purposes of § 38 for any taxable year is the sum of the credits listed in § 46. Section 1307(a) of the Energy Tax Incentives Act of 2005, Pub. L. 109-58, 119 Stat. 594 (August 8, 2005), amended § 46 to add two new credits to that list: The qualifying advanced coal project credit, (section 48A) and the qualifying gasification project credit, (section 48B).


Split Dollar Life Insurance
Publication Date: 03/07/2005
Split-dollar life insurance arrangements can be a key feature of executive compensation packages. Over the years, the Service has provided limited guidance regarding the taxation of these arrangements. Beginning in 2001, transitional guidance on the valuation of split-dollar life insurance arrangements was provided in the form of notices and proposed regulations in anticipation of final regulations.


Stock Based Compensation
Publication Date: 02/04/2005
The Service has prepared a comprehensive audit techniques guide to assist examiners in evaluating stock-based compensation. Stock-based compensation generally consists of either the transferring of stock or the issuance of stock options to an employee or independent contractor.


Structured Settlement Factoring (PDF - 282KB)
Publication Date: 11/2006
Structured Settlement Factoring


Timber Casualty Loss (PDF - 611KB)
Publication Date: 04/2011
The purpose of this Audit Technique Guide is to provide guidance on conducting income tax examinations with a Timber Casualty Loss.


Veterinary Medicine (PDF - 495KB)
Publication Date: 4/2005
Overview of industry includes discussion of types of business entities (especially personal service corporation); cash vs. accrual method of accounting; and inventory vs. supplies.


Wine Industry ATG (PDF - 354KB)
Publication Date: 05/2011
The Wine Industry Audit Technique Guide is designed to assist examiners in their compliance reviews of both winery and vineyard operations.


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Page Last Reviewed or Updated: 21-Mar-2014

The 2012 State Tax

2012 state tax Publication 575 - Main Content Table of Contents General InformationPension. 2012 state tax Annuity. 2012 state tax Qualified employee plan. 2012 state tax Qualified employee annuity. 2012 state tax Designated Roth account. 2012 state tax Tax-sheltered annuity plan. 2012 state tax Fixed-period annuities. 2012 state tax Annuities for a single life. 2012 state tax Joint and survivor annuities. 2012 state tax Variable annuities. 2012 state tax Disability pensions. 2012 state tax Variable Annuities Section 457 Deferred Compensation Plans Disability Pensions Insurance Premiums for Retired Public Safety Officers Railroad Retirement Benefits Withholding Tax and Estimated Tax Cost (Investment in the Contract)Foreign employment contributions while a nonresident alien. 2012 state tax Taxation of Periodic PaymentsPeriod of participation. 2012 state tax Fully Taxable Payments Partly Taxable Payments Taxation of Nonperiodic PaymentsFiguring the Taxable Amount Loans Treated as Distributions Transfers of Annuity Contracts Lump-Sum Distributions RolloversExceptions. 2012 state tax No tax withheld. 2012 state tax Partial rollovers. 2012 state tax Frozen deposits. 2012 state tax Reasonable period of time. 2012 state tax 20% Mandatory withholding. 2012 state tax How to report. 2012 state tax How to report. 2012 state tax Special rule for Roth IRAs and designated Roth accounts. 2012 state tax Special Additional TaxesTax on Early Distributions Tax on Excess Accumulation Survivors and BeneficiariesGuaranteed payments. 2012 state tax How To Get Tax HelpLow Income Taxpayer Clinics General Information Definitions. 2012 state tax   Some of the terms used in this publication are defined in the following paragraphs. 2012 state tax Pension. 2012 state tax   A pension is generally a series of definitely determinable payments made to you after you retire from work. 2012 state tax Pension payments are made regularly and are based on such factors as years of service and prior compensation. 2012 state tax Annuity. 2012 state tax   An annuity is a series of payments under a contract made at regular intervals over a period of more than one full year. 2012 state tax They can be either fixed (under which you receive a definite amount) or variable (not fixed). 2012 state tax You can buy the contract alone or with the help of your employer. 2012 state tax Qualified employee plan. 2012 state tax   A qualified employee plan is an employer's stock bonus, pension, or profit-sharing plan that is for the exclusive benefit of employees or their beneficiaries and that meets Internal Revenue Code requirements. 2012 state tax It qualifies for special tax benefits, such as tax deferral for employer contributions and capital gain treatment or the 10-year tax option for lump-sum distributions (if participants qualify). 2012 state tax To determine whether your plan is a qualified plan, check with your employer or the plan administrator. 2012 state tax Qualified employee annuity. 2012 state tax   A qualified employee annuity is a retirement annuity purchased by an employer for an employee under a plan that meets Internal Revenue Code requirements. 2012 state tax Designated Roth account. 2012 state tax   A designated Roth account is a separate account created under a qualified Roth contribution program to which participants may elect to have part or all of their elective deferrals to a 401(k), 403(b), or 457(b) plan designated as Roth contributions. 2012 state tax Elective deferrals that are designated as Roth contributions are included in your income. 2012 state tax However, qualified distributions (explained later) are not included in your income. 2012 state tax You should check with your plan administrator to determine if your plan will accept designated Roth contributions. 2012 state tax Tax-sheltered annuity plan. 2012 state tax   A tax-sheltered annuity plan (often referred to as a 403(b) plan or a tax-deferred annuity plan) is a retirement plan for employees of public schools and certain tax-exempt organizations. 2012 state tax Generally, a tax-sheltered annuity plan provides retirement benefits by purchasing annuity contracts for its participants. 2012 state tax Types of pensions and annuities. 2012 state tax   Pensions and annuities include the following types. 2012 state tax Fixed-period annuities. 2012 state tax   You receive definite amounts at regular intervals for a specified length of time. 2012 state tax Annuities for a single life. 2012 state tax   You receive definite amounts at regular intervals for life. 2012 state tax The payments end at death. 2012 state tax Joint and survivor annuities. 2012 state tax   The first annuitant receives a definite amount at regular intervals for life. 2012 state tax After he or she dies, a second annuitant receives a definite amount at regular intervals for life. 2012 state tax The amount paid to the second annuitant may or may not differ from the amount paid to the first annuitant. 2012 state tax Variable annuities. 2012 state tax   You receive payments that may vary in amount for a specified length of time or for life. 2012 state tax The amounts you receive may depend upon such variables as profits earned by the pension or annuity funds, cost-of-living indexes, or earnings from a mutual fund. 2012 state tax Disability pensions. 2012 state tax   You receive disability payments because you retired on disability and have not reached minimum retirement age. 2012 state tax More than one program. 2012 state tax   You may receive employee plan benefits from more than one program under a single trust or plan of your employer. 2012 state tax If you participate in more than one program, you may have to treat each as a separate pension or annuity contract, depending upon the facts in each case. 2012 state tax Also, you may be considered to have received more than one pension or annuity. 2012 state tax Your former employer or the plan administrator should be able to tell you if you have more than one contract. 2012 state tax Example. 2012 state tax Your employer set up a noncontributory profit-sharing plan for its employees. 2012 state tax The plan provides that the amount held in the account of each participant will be paid when that participant retires. 2012 state tax Your employer also set up a contributory defined benefit pension plan for its employees providing for the payment of a lifetime pension to each participant after retirement. 2012 state tax The amount of any distribution from the profit-sharing plan depends on the contributions (including allocated forfeitures) made for the participant and the earnings from those contributions. 2012 state tax Under the pension plan, however, a formula determines the amount of the pension benefits. 2012 state tax The amount of contributions is the amount necessary to provide that pension. 2012 state tax Each plan is a separate program and a separate contract. 2012 state tax If you get benefits from these plans, you must account for each separately, even though the benefits from both may be included in the same check. 2012 state tax Distributions from a designated Roth account are treated separately from other distributions from the plan. 2012 state tax Qualified domestic relations order (QDRO). 2012 state tax   A QDRO is a judgment, decree, or order relating to payment of child support, alimony, or marital property rights to a spouse, former spouse, child, or other dependent of a participant in a retirement plan. 2012 state tax The QDRO must contain certain specific information, such as the name and last known mailing address of the participant and each alternate payee, and the amount or percentage of the participant's benefits to be paid to each alternate payee. 2012 state tax A QDRO may not award an amount or form of benefit that is not available under the plan. 2012 state tax   A spouse or former spouse who receives part of the benefits from a retirement plan under a QDRO reports the payments received as if he or she were a plan participant. 2012 state tax The spouse or former spouse is allocated a share of the participant's cost (investment in the contract) equal to the cost times a fraction. 2012 state tax The numerator of the fraction is the present value of the benefits payable to the spouse or former spouse. 2012 state tax The denominator is the present value of all benefits payable to the participant. 2012 state tax   A distribution that is paid to a child or other dependent under a QDRO is taxed to the plan participant. 2012 state tax Variable Annuities The tax rules in this publication apply both to annuities that provide fixed payments and to annuities that provide payments that vary in amount based on investment results or other factors. 2012 state tax For example, they apply to commercial variable annuity contracts, whether bought by an employee retirement plan for its participants or bought directly from the issuer by an individual investor. 2012 state tax Under these contracts, the owner can generally allocate the purchase payments among several types of investment portfolios or mutual funds and the contract value is determined by the performance of those investments. 2012 state tax The earnings are not taxed until distributed either in a withdrawal or in annuity payments. 2012 state tax The taxable part of a distribution is treated as ordinary income. 2012 state tax Net investment income tax. 2012 state tax   Beginning in 2013, annuities under a nonqualified plan are included in calculating your net investment income for the net investment income tax (NIIT). 2012 state tax For information see the Instructions for Form 8960, Net Investment Income Tax — Individuals, Estates and Trusts. 2012 state tax For information on the tax treatment of a transfer or exchange of a variable annuity contract, see Transfers of Annuity Contracts under Taxation of Nonperiodic Payments, later. 2012 state tax Withdrawals. 2012 state tax   If you withdraw funds before your annuity starting date and your annuity is under a qualified retirement plan, a ratable part of the amount withdrawn is tax free. 2012 state tax The tax-free part is based on the ratio of your cost (investment in the contract) to your account balance under the plan. 2012 state tax   If your annuity is under a nonqualified plan (including a contract you bought directly from the issuer), the amount withdrawn is allocated first to earnings (the taxable part) and then to your cost (the tax-free part). 2012 state tax However, if you bought your annuity contract before August 14, 1982, a different allocation applies to the investment before that date and the earnings on that investment. 2012 state tax To the extent the amount withdrawn does not exceed that investment and earnings, it is allocated first to your cost (the tax-free part) and then to earnings (the taxable part). 2012 state tax   If you withdraw funds (other than as an annuity) on or after your annuity starting date, the entire amount withdrawn is generally taxable. 2012 state tax   The amount you receive in a full surrender of your annuity contract at any time is tax free to the extent of any cost that you have not previously recovered tax free. 2012 state tax The rest is taxable. 2012 state tax   For more information on the tax treatment of withdrawals, see Taxation of Nonperiodic Payments , later. 2012 state tax If you withdraw funds from your annuity before you reach age 59½, also see Tax on Early Distributions under Special Additional Taxes, later. 2012 state tax Annuity payments. 2012 state tax   If you receive annuity payments under a variable annuity plan or contract, you recover your cost tax free under either the Simplified Method or the General Rule, as explained under Taxation of Periodic Payments , later. 2012 state tax For a variable annuity paid under a qualified plan, you generally must use the Simplified Method. 2012 state tax For a variable annuity paid under a nonqualified plan (including a contract you bought directly from the issuer), you must use a special computation under the General Rule. 2012 state tax For more information, see Variable annuities in Publication 939 under Computation Under the General Rule. 2012 state tax Death benefits. 2012 state tax    If you receive a single-sum distribution from a variable annuity contract because of the death of the owner or annuitant, the distribution is generally taxable only to the extent it is more than the unrecovered cost of the contract. 2012 state tax If you choose to receive an annuity, the payments are subject to tax as described above. 2012 state tax If the contract provides a joint and survivor annuity and the primary annuitant had received annuity payments before death, you figure the tax-free part of annuity payments you receive as the survivor in the same way the primary annuitant did. 2012 state tax See Survivors and Beneficiaries , later. 2012 state tax Section 457 Deferred Compensation Plans If you work for a state or local government or for a tax-exempt organization, you may be able to participate in a section 457 deferred compensation plan. 2012 state tax If your plan is an eligible plan, you are not taxed currently on pay that is deferred under the plan or on any earnings from the plan's investment of the deferred pay. 2012 state tax You are generally taxed on amounts deferred in an eligible state or local government plan only when they are distributed from the plan. 2012 state tax You are taxed on amounts deferred in an eligible tax-exempt organization plan when they are distributed or otherwise made available to you. 2012 state tax Your 457(b) plan may have a designated Roth account option. 2012 state tax If so, you may be able to roll over amounts to the designated Roth account or make contributions. 2012 state tax Elective deferrals to a designated Roth account are included in your income. 2012 state tax Qualified distributions (explained later) are not included in your income. 2012 state tax See the Designated Roth accounts discussion under Taxation of Periodic Payments, later. 2012 state tax This publication covers the tax treatment of benefits under eligible section 457 plans, but it does not cover the treatment of deferrals. 2012 state tax For information on deferrals under section 457 plans, see Retirement Plan Contributions under Employee Compensation in Publication 525. 2012 state tax Is your plan eligible?   To find out if your plan is an eligible plan, check with your employer. 2012 state tax Plans that are not eligible section 457 plans include the following: Bona fide vacation leave, sick leave, compensatory time, severance pay, disability pay, or death benefit plans. 2012 state tax Nonelective deferred compensation plans for nonemployees (independent contractors). 2012 state tax Deferred compensation plans maintained by churches. 2012 state tax Length of service award plans for bona fide volunteer firefighters and emergency medical personnel. 2012 state tax An exception applies if the total amount paid to a volunteer exceeds $3,000 for any year of service. 2012 state tax Disability Pensions If you retired on disability, you generally must include in income any disability pension you receive under a plan that is paid for by your employer. 2012 state tax You must report your taxable disability payments as wages on line 7 of Form 1040 or Form 1040A or on line 8 of Form 1040NR until you reach minimum retirement age. 2012 state tax Minimum retirement age generally is the age at which you can first receive a pension or annuity if you are not disabled. 2012 state tax You may be entitled to a tax credit if you were permanently and totally disabled when you retired. 2012 state tax For information on this credit, see Publication 524. 2012 state tax Beginning on the day after you reach minimum retirement age, payments you receive are taxable as a pension or annuity. 2012 state tax Report the payments on Form 1040, lines 16a and 16b; Form 1040A, lines 12a and 12b; or on Form 1040NR, lines 17a and 17b. 2012 state tax Disability payments for injuries incurred as a direct result of a terrorist attack directed against the United States (or its allies) are not included in income. 2012 state tax For more information about payments to survivors of terrorist attacks, see Publication 3920, Tax Relief for Victims of Terrorist Attacks. 2012 state tax Insurance Premiums for Retired Public Safety Officers If you are an eligible retired public safety officer (law enforcement officer, firefighter, chaplain, or member of a rescue squad or ambulance crew), you can elect to exclude from income distributions made from your eligible retirement plan that are used to pay the premiums for accident or health insurance or long-term care insurance. 2012 state tax The premiums can be for coverage for you, your spouse, or dependents. 2012 state tax The distribution must be made directly from the plan to the insurance provider. 2012 state tax You can exclude from income the smaller of the amount of the insurance premiums or $3,000. 2012 state tax You can only make this election for amounts that would otherwise be included in your income. 2012 state tax The amount excluded from your income cannot be used to claim a medical expense deduction. 2012 state tax An eligible retirement plan is a governmental plan that is: a qualified trust, a section 403(a) plan, a section 403(b) annuity, or a section 457(b) plan. 2012 state tax If you make this election, reduce the otherwise taxable amount of your pension or annuity by the amount excluded. 2012 state tax The amount shown in box 2a of Form 1099-R does not reflect this exclusion. 2012 state tax Report your total distributions on Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a. 2012 state tax Report the taxable amount on Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. 2012 state tax Enter “PSO” next to the appropriate line on which you report the taxable amount. 2012 state tax If you are retired on disability and reporting your disability pension on line 7 of Form 1040 or Form 1040A, or line 8 of Form 1040NR, include only the taxable amount on that line and enter “PSO” and the amount excluded on the dotted line next to the applicable line. 2012 state tax Railroad Retirement Benefits Benefits paid under the Railroad Retirement Act fall into two categories. 2012 state tax These categories are treated differently for income tax purposes. 2012 state tax The first category is the amount of tier 1 railroad retirement benefits that equals the social security benefit that a railroad employee or beneficiary would have been entitled to receive under the social security system. 2012 state tax This part of the tier 1 benefit is the social security equivalent benefit (SSEB) and you treat it for tax purposes like social security benefits. 2012 state tax If you received, repaid, or had tax withheld from the SSEB portion of tier 1 benefits during 2013, you will receive Form RRB-1099, Payments by the Railroad Retirement Board (or Form RRB-1042S, Statement for Nonresident Alien Recipients of Payments by the Railroad Retirement Board, if you are a nonresident alien) from the U. 2012 state tax S. 2012 state tax Railroad Retirement Board (RRB). 2012 state tax For more information about the tax treatment of the SSEB portion of tier 1 benefits and Forms RRB-1099 and RRB-1042S, see Publication 915. 2012 state tax The second category contains the rest of the tier 1 railroad retirement benefits, called the non-social security equivalent benefit (NSSEB). 2012 state tax It also contains any tier 2 benefit, vested dual benefit (VDB), and supplemental annuity benefit. 2012 state tax Treat this category of benefits, shown on Form RRB-1099-R, as an amount received from a qualified employee plan. 2012 state tax This allows for the tax-free (nontaxable) recovery of employee contributions from the tier 2 benefits and the NSSEB part of the tier 1 benefits. 2012 state tax (The NSSEB and tier 2 benefits, less certain repayments, are combined into one amount called the Contributory Amount Paid on Form RRB-1099-R. 2012 state tax ) Vested dual benefits and supplemental annuity benefits are non-contributory pensions and are fully taxable. 2012 state tax See Taxation of Periodic Payments , later, for information on how to report your benefits and how to recover the employee contributions tax free. 2012 state tax Form RRB-1099-R is used for U. 2012 state tax S. 2012 state tax citizens, resident aliens, and nonresident aliens. 2012 state tax Nonresident aliens. 2012 state tax   A nonresident alien is an individual who is not a citizen or a resident alien of the United States. 2012 state tax Nonresident aliens are subject to mandatory U. 2012 state tax S. 2012 state tax tax withholding unless exempt under a tax treaty between the United States and their country of legal residency. 2012 state tax A tax treaty exemption may reduce or eliminate tax withholding from railroad retirement benefits. 2012 state tax See Tax withholding next for more information. 2012 state tax   If you are a nonresident alien and your tax withholding rate changed or your country of legal residence changed during the year, you may receive more than one Form RRB-1042S or Form RRB-1099-R. 2012 state tax To determine your total benefits paid or repaid and total tax withheld for the year, you should add the amounts shown on all forms you received for that year. 2012 state tax For information on filing requirements for aliens, see Publication 519, U. 2012 state tax S. 2012 state tax Tax Guide for Aliens. 2012 state tax For information on tax treaties between the United States and other countries that may reduce or eliminate U. 2012 state tax S. 2012 state tax tax on your benefits, see Publication 901, U. 2012 state tax S. 2012 state tax Tax Treaties. 2012 state tax Tax withholding. 2012 state tax   To request or change your income tax withholding from SSEB payments, U. 2012 state tax S. 2012 state tax citizens should contact the IRS for Form W-4V, Voluntary Withholding Request, and file it with the RRB. 2012 state tax To elect, revoke, or change your income tax withholding from NSSEB, tier 2, VDB, and supplemental annuity payments received, use Form RRB W-4P, Withholding Certificate for Railroad Retirement Payments. 2012 state tax If you are a nonresident alien or a U. 2012 state tax S. 2012 state tax citizen living abroad, you should provide Form RRB-1001, Nonresident Questionnaire, to the RRB to furnish citizenship and residency information and to claim any treaty exemption from U. 2012 state tax S. 2012 state tax tax withholding. 2012 state tax Nonresident U. 2012 state tax S. 2012 state tax citizens cannot elect to be exempt from withholding on payments delivered outside of the U. 2012 state tax S. 2012 state tax Help from the RRB. 2012 state tax   To request an RRB form or to get help with questions about an RRB benefit, you should contact your nearest RRB field office if you reside in the United States (call 1-877-772-5772 for the nearest field office) or U. 2012 state tax S. 2012 state tax consulate/Embassy if you reside outside the United States. 2012 state tax You can visit the RRB on the Internet at www. 2012 state tax rrb. 2012 state tax gov. 2012 state tax Form RRB-1099-R. 2012 state tax   The following discussion explains the items shown on Form RRB-1099-R. 2012 state tax The amounts shown on this form are before any deduction for: Federal income tax withholding, Medicare premiums, Legal process garnishment payments, Recovery of a prior year overpayment of an NSSEB, tier 2 benefit, VDB, or supplemental annuity benefit, or Recovery of Railroad Unemployment Insurance Act benefits received while awaiting payment of your railroad retirement annuity. 2012 state tax   The amounts shown on this form are after any offset for: Social Security benefits, Age reduction, Public Service pensions or public disability benefits, Dual railroad retirement entitlement under another RRB claim number, Work deductions, Legal process partition deductions, Actuarial adjustment, Annuity waiver, or Recovery of a current-year overpayment of NSSEB, tier 2, VDB, or supplemental annuity benefits. 2012 state tax   The amounts shown on Form RRB-1099-R do not reflect any special rules, such as capital gain treatment or the special 10-year tax option for lump-sum payments, or tax-free rollovers. 2012 state tax To determine if any of these rules apply to your benefits, see the discussions about them later. 2012 state tax   Generally, amounts shown on your Form RRB-1099-R are considered a normal distribution. 2012 state tax Use distribution code “7” if you are asked for a distribution code. 2012 state tax Distribution codes are not shown on Form RRB-1099-R. 2012 state tax   There are three copies of this form. 2012 state tax Copy B is to be included with your income tax return if federal income tax is withheld. 2012 state tax Copy C is for your own records. 2012 state tax Copy 2 is filed with your state, city, or local income tax return, when required. 2012 state tax See the illustrated Copy B (Form RRB-1099-R) above. 2012 state tax       Each beneficiary will receive his or her own Form RRB-1099-R. 2012 state tax If you receive benefits on more than one railroad retirement record, you may get more than one Form RRB-1099-R. 2012 state tax So that you get your form timely, make sure the RRB always has your current mailing address. 2012 state tax Please click here for the text description of the image. 2012 state tax Form RRB-1099-R Box 1—Claim Number and Payee Code. 2012 state tax   Your claim number is a six- or nine-digit number preceded by an alphabetical prefix. 2012 state tax This is the number under which the RRB paid your benefits. 2012 state tax Your payee code follows your claim number and is the last number in this box. 2012 state tax It is used by the RRB to identify you under your claim number. 2012 state tax In all your correspondence with the RRB, be sure to use the claim number and payee code shown in this box. 2012 state tax Box 2—Recipient's Identification Number. 2012 state tax   This is the recipient's U. 2012 state tax S. 2012 state tax taxpayer identification number. 2012 state tax It is the social security number (SSN), individual taxpayer identification number (ITIN), or employer identification number (EIN), if known, for the person or estate listed as the recipient. 2012 state tax If you are a resident or nonresident alien who must furnish a taxpayer identification number to the IRS and are not eligible to obtain an SSN, use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN. 2012 state tax The Instructions for Form W-7 explain how and when to apply. 2012 state tax Box 3—Employee Contributions. 2012 state tax   This is the amount of taxes withheld from the railroad employee's earnings that exceeds the amount of taxes that would have been withheld had the earnings been covered under the social security system. 2012 state tax This amount is the employee's cost that you use to figure the tax-free part of the NSSEB and tier 2 benefit you received (the amount shown in box 4). 2012 state tax (For information on how to figure the tax-free part, see Partly Taxable Payments under Taxation of Periodic Payments, later. 2012 state tax ) The amount shown is the total employee contribution amount, not reduced by any amounts that the RRB calculated as previously recovered. 2012 state tax It is the latest amount reported for 2013 and may have increased or decreased from a previous Form RRB-1099-R. 2012 state tax If this amount has changed, the change is retroactive. 2012 state tax You may need to refigure the tax-free part of your NSSEB/tier 2 benefit for 2013 and prior tax years. 2012 state tax If this box is blank, it means that the amount of your NSSEB and tier 2 payments shown in box 4 is fully taxable. 2012 state tax    If you had a previous annuity entitlement that ended and you are figuring the tax-free part of your NSSEB/tier 2 benefit for your current annuity entitlement, you should contact the RRB for confirmation of your correct employee contribution amount. 2012 state tax Box 4—Contributory Amount Paid. 2012 state tax   This is the gross amount of the NSSEB and tier 2 benefit you received in 2013, less any 2013 benefits you repaid in 2013. 2012 state tax (Any benefits you repaid in 2013 for an earlier year or for an unknown year are shown in box 8. 2012 state tax ) This amount is the total contributory pension paid in 2013. 2012 state tax It may be partly taxable and partly tax free or fully taxable. 2012 state tax If you determine you are eligible to compute a tax-free part as explained later in Partly Taxable Payments under Taxation of Periodic Payments, use the latest reported employee contribution amount shown in box 3 as the cost. 2012 state tax Box 5—Vested Dual Benefit. 2012 state tax   This is the gross amount of vested dual benefit (VDB) payments paid in 2013, less any 2013 VDB payments you repaid in 2013. 2012 state tax It is fully taxable. 2012 state tax VDB payments you repaid in 2013 for an earlier year or for an unknown year are shown in box 8. 2012 state tax Note. 2012 state tax The amounts shown in boxes 4 and 5 may represent payments for 2013 and/or other years after 1983. 2012 state tax Box 6—Supplemental Annuity. 2012 state tax   This is the gross amount of supplemental annuity benefits paid in 2013, less any 2013 supplemental annuity benefits you repaid in 2013. 2012 state tax It is fully taxable. 2012 state tax Supplemental annuity benefits you repaid in 2013 for an earlier year or for an unknown year are shown in box 8. 2012 state tax Box 7—Total Gross Paid. 2012 state tax   This is the sum of boxes 4, 5, and 6. 2012 state tax The amount represents the total pension paid in 2013. 2012 state tax Include this amount on Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a. 2012 state tax Box 8—Repayments. 2012 state tax   This amount represents any NSSEB, tier 2 benefit, VDB, and supplemental annuity benefit you repaid to the RRB in 2013 for years before 2013 or for unknown years. 2012 state tax The amount shown in this box has not been deducted from the amounts shown in boxes 4, 5, and 6. 2012 state tax It only includes repayments of benefits that were taxable to you. 2012 state tax This means it only includes repayments in 2013 of NSSEB benefits paid after 1985, tier 2 and VDB benefits paid after 1983, and supplemental annuity benefits paid in any year. 2012 state tax If you included the benefits in your income in the year you received them, you may be able to deduct the repaid amount. 2012 state tax For more information about repayments, see Repayment of benefits received in an earlier year , later. 2012 state tax    You may have repaid an overpayment of benefits by returning a payment, by making a payment, or by having an amount withheld from your railroad retirement annuity payment. 2012 state tax Box 9—Federal Income Tax Withheld. 2012 state tax   This is the total federal income tax withheld from your NSSEB, tier 2 benefit, VDB, and supplemental annuity benefit. 2012 state tax Include this on your income tax return as tax withheld. 2012 state tax If you are a nonresident alien and your tax withholding rate and/or country of legal residence changed during 2013, you will receive more than one Form RRB-1099-R for 2013. 2012 state tax Determine the total amount of U. 2012 state tax S. 2012 state tax federal income tax withheld from your 2013 RRB NSSEB, tier 2, VDB, and supplemental annuity payments by adding the amounts in box 9 of all original 2013 Forms RRB-1099-R, or the latest corrected or duplicate Forms RRB-1099-R you receive. 2012 state tax Box 10—Rate of Tax. 2012 state tax   If you are taxed as a U. 2012 state tax S. 2012 state tax citizen or resident alien, this box does not apply to you. 2012 state tax If you are a nonresident alien, an entry in this box indicates the rate at which tax was withheld on the NSSEB, tier 2, VDB, and supplemental annuity payments that were paid to you in 2013. 2012 state tax If you are a nonresident alien whose tax was withheld at more than one rate during 2013, you will receive a separate Form RRB-1099-R for each rate change during 2013. 2012 state tax Box 11—Country. 2012 state tax   If you are taxed as a U. 2012 state tax S. 2012 state tax citizen or resident alien, this box does not apply to you. 2012 state tax If you are a nonresident alien, an entry in this box indicates the country of which you were a resident for tax purposes at the time you received railroad retirement payments in 2013. 2012 state tax If you are a nonresident alien who was a resident of more than one country during 2013, you will receive a separate Form RRB-1099-R for each country of residence during 2013. 2012 state tax Box 12—Medicare Premium Total. 2012 state tax   This is for information purposes only. 2012 state tax The amount shown in this box represents the total amount of Part B Medicare premiums deducted from your railroad retirement annuity payments in 2013. 2012 state tax Medicare premium refunds are not included in the Medicare total. 2012 state tax The Medicare total is normally shown on Form RRB-1099 (if you are a citizen or resident alien of the United States) or Form RRB-1042S (if you are a nonresident alien). 2012 state tax However, if Form RRB-1099 or Form RRB-1042S is not required for 2013, then this total will be shown on Form RRB-1099-R. 2012 state tax If your Medicare premiums were deducted from your social security benefits, paid by a third party, refunded to you, and/or you paid the premiums by direct billing, your Medicare total will not be shown in this box. 2012 state tax Repayment of benefits received in an earlier year. 2012 state tax   If you had to repay any railroad retirement benefits that you had included in your income in an earlier year because at that time you thought you had an unrestricted right to it, you can deduct the amount you repaid in the year in which you repaid it. 2012 state tax   If you repaid $3,000 or less in 2013, deduct it on Schedule A (Form 1040), line 23. 2012 state tax The 2%-of-adjusted-gross-income limit applies to this deduction. 2012 state tax You cannot take this deduction if you file Form 1040A. 2012 state tax    If you repaid more than $3,000 in 2013, you can either take a deduction for the amount repaid on Schedule A (Form 1040), line 28 or you can take a credit against your tax. 2012 state tax For more information, see Repayments in Publication 525. 2012 state tax Withholding Tax and Estimated Tax Your retirement plan distributions are subject to federal income tax withholding. 2012 state tax However, you can choose not to have tax withheld on payments you receive unless they are eligible rollover distributions. 2012 state tax (These are distributions, described later under Rollovers, that are eligible for rollover treatment but are not paid directly to another qualified retirement plan or to a traditional IRA. 2012 state tax ) 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. 2012 state tax See Estimated tax , later. 2012 state tax The withholding rules apply to the taxable part of payments you receive from: An employer pension, annuity, profit-sharing, or stock bonus plan, Any other deferred compensation plan, A traditional individual retirement arrangement (IRA), or A commercial annuity. 2012 state tax For this purpose, a commercial annuity means an annuity, endowment, or life insurance contract issued by an insurance company. 2012 state tax There will be no withholding on any part of a distribution where it is reasonable to believe that it will not be includible in gross income. 2012 state tax Choosing no withholding. 2012 state tax   You can choose not to have income tax withheld from retirement plan payments unless they are eligible rollover distributions. 2012 state tax You can make this choice on Form W-4P for periodic and nonperiodic payments. 2012 state tax This choice generally remains in effect until you revoke it. 2012 state tax   The payer will ignore your choice not to have tax withheld if: You do not give the payer your social security number (in the required manner), or The IRS notifies the payer, before the payment is made, that you gave an incorrect social security number. 2012 state tax   To choose not to have tax withheld, a U. 2012 state tax S. 2012 state tax citizen or resident alien must give the payer a home address in the United States or its possessions. 2012 state tax Without that address, the payer must withhold tax. 2012 state tax For example, the payer has to withhold tax if the recipient has provided a U. 2012 state tax S. 2012 state tax address for a nominee, trustee, or agent to whom the benefits are delivered, but has not provided his or her own U. 2012 state tax S. 2012 state tax home address. 2012 state tax   If you do not give the payer a home address in the United States or its possessions, you can choose not to have tax withheld only if you certify to the payer that you are not a U. 2012 state tax S. 2012 state tax citizen, a U. 2012 state tax S. 2012 state tax resident alien, or someone who left the country to avoid tax. 2012 state tax But if you so certify, you may be subject to the 30% flat rate withholding that applies to nonresident aliens. 2012 state tax This 30% rate will not apply if you are exempt or subject to a reduced rate by treaty. 2012 state tax For details, get Publication 519. 2012 state tax Periodic payments. 2012 state tax   Unless you choose no withholding, your annuity or similar periodic payments (other than eligible rollover distributions) will be treated like wages for withholding purposes. 2012 state tax Periodic payments are amounts paid at regular intervals (such as weekly, monthly, or yearly) for a period of time greater than one year (such as for 15 years or for life). 2012 state tax You should give the payer a completed withholding certificate (Form W-4P or a similar form provided by the payer). 2012 state tax If you do not, tax will be withheld as if you were married and claiming three withholding allowances. 2012 state tax   Tax will be withheld as if you were single and were claiming no withholding allowances if: You do not give the payer your social security number (in the required manner), or The IRS notifies the payer (before any payment is made) that you gave an incorrect social security number. 2012 state tax   You must file a new withholding certificate to change the amount of withholding. 2012 state tax Nonperiodic distributions. 2012 state tax    Unless you choose no withholding, the withholding rate for a nonperiodic distribution (a payment other than a periodic payment) that is not an eligible rollover distribution is 10% of the distribution. 2012 state tax You can also ask the payer to withhold an additional amount using Form W-4P. 2012 state tax The part of any loan treated as a distribution (except an offset amount to repay the loan), explained later, is subject to withholding under this rule. 2012 state tax Eligible rollover distribution. 2012 state tax    If you receive an eligible rollover distribution, 20% of it generally will be withheld for income tax. 2012 state tax You cannot choose not to have tax withheld from an eligible rollover distribution. 2012 state tax However, tax will not be withheld if you have the plan administrator pay the eligible rollover distribution directly to another qualified plan or an IRA in a direct rollover. 2012 state tax For more information about eligible rollover distributions, see Rollovers , later. 2012 state tax Estimated tax. 2012 state tax   Your estimated tax is the total of your expected income tax, self-employment tax, and certain other taxes for the year, minus your expected credits and withheld tax. 2012 state tax Generally, you must make estimated tax payments for 2014 if you expect to owe at least $1,000 in tax (after subtracting your withholding and credits) and you expect your withholding and credits to be less than the smaller of: 90% of the tax to be shown on your 2014 return, or 100% of the tax shown on your 2013 return. 2012 state tax If your adjusted gross income for 2013 was more than $150,000 ($75,000 if your filing status for 2014 is married filing separately), substitute 110% for 100% in (2) above. 2012 state tax For more information, get Publication 505, Tax Withholding and Estimated Tax. 2012 state tax In figuring your withholding or estimated tax, remember that a part of your monthly social security or equivalent tier 1 railroad retirement benefits may be taxable. 2012 state tax See Publication 915. 2012 state tax You can choose to have income tax withheld from those benefits. 2012 state tax Use Form W-4V to make this choice. 2012 state tax Cost (Investment in the Contract) Distributions from your pension or annuity plan may include amounts treated as a recovery of your cost (investment in the contract). 2012 state tax If any part of a distribution is treated as a recovery of your cost under the rules explained in this publication, that part is tax free. 2012 state tax Therefore, the first step in figuring how much of a distribution is taxable is to determine the cost of your pension or annuity. 2012 state tax In general, your cost is your net investment in the contract as of the annuity starting date (or the date of the distribution, if earlier). 2012 state tax To find this amount, you must first figure the total premiums, contributions, or other amounts you paid. 2012 state tax This includes the amounts your employer contributed that were taxable to you when paid. 2012 state tax (However, see Foreign employment contributions , later. 2012 state tax ) It does not include amounts withheld from your pay on a tax-deferred basis (money that was taken out of your gross pay before taxes were deducted). 2012 state tax It also does not include amounts you contributed for health and accident benefits (including any additional premiums paid for double indemnity or disability benefits). 2012 state tax From this total cost you must subtract the following amounts. 2012 state tax Any refunded premiums, rebates, dividends, or unrepaid loans that were not included in your income and that you received by the later of the annuity starting date or the date on which you received your first payment. 2012 state tax Any other tax-free amounts you received under the contract or plan by the later of the dates in (1). 2012 state tax If you must use the Simplified Method for your annuity payments, the tax-free part of any single-sum payment received in connection with the start of the annuity payments, regardless of when you received it. 2012 state tax (See Simplified Method , later, for information on its required use. 2012 state tax ) If you use the General Rule for your annuity payments, the value of the refund feature in your annuity contract. 2012 state tax (See General Rule , later, for information on its use. 2012 state tax ) Your annuity contract has a refund feature if the annuity payments are for your life (or the lives of you and your survivor) and payments in the nature of a refund of the annuity's cost will be made to your beneficiary or estate if all annuitants die before a stated amount or a stated number of payments are made. 2012 state tax For more information, see Publication 939. 2012 state tax The tax treatment of the items described in (1) through (3) is discussed later under Taxation of Nonperiodic Payments . 2012 state tax Form 1099-R. 2012 state tax If you began receiving periodic payments of a life annuity in 2013, the payer should show your total contributions to the plan in box 9b of your 2013 Form 1099-R. 2012 state tax Annuity starting date defined. 2012 state tax   Your annuity starting date is the later of the first day of the first period for which you received a payment or the date the plan's obligations became fixed. 2012 state tax Example. 2012 state tax On January 1, you completed all your payments required under an annuity contract providing for monthly payments starting on August 1 for the period beginning July 1. 2012 state tax The annuity starting date is July 1. 2012 state tax This is the date you use in figuring the cost of the contract and selecting the appropriate number from Table 1 for line 3 of the Simplified Method Worksheet. 2012 state tax Designated Roth accounts. 2012 state tax   Your cost in these accounts is your designated Roth contributions that were included in your income as wages subject to applicable withholding requirements. 2012 state tax Your cost will also include any in-plan Roth rollovers you included in income. 2012 state tax Foreign employment contributions. 2012 state tax   If you worked abroad, your cost may include contributions by your employer to the retirement plan, but only if those contributions would be excludible from your gross income had they been paid directly to you as compensation. 2012 state tax The contributions that apply are: Contributions before 1963 by your employer, Contributions after 1962 by your employer if the contributions would be excludible from your gross income (not including the foreign earned income exclusion) had they been paid directly to you, or Contributions after 1996 by your employer if you performed the services of a foreign missionary (a duly ordained, commissioned, or licensed minister of a church or a lay person) but only if the contributions would be excludible from your gross income had they been paid directly to you. 2012 state tax Foreign employment contributions while a nonresident alien. 2012 state tax   In determining your cost, special rules apply if you are a U. 2012 state tax S. 2012 state tax citizen or resident alien who received distributions in 2013 from a plan to which contributions were made while you were a nonresident alien. 2012 state tax Your contributions and your employer's contributions are not included in your cost if the contribution: Was made based on compensation which was for services performed outside the United States while you were a nonresident alien, and Was not subject to income tax under the laws of the United States or any foreign country, but only if the contribution would have been subject to income tax if paid as cash compensation when the services were performed. 2012 state tax Taxation of Periodic Payments This section explains how the periodic payments you receive from a pension or annuity plan are taxed. 2012 state tax Periodic payments are amounts paid at regular intervals (such as weekly, monthly, or yearly) for a period of time greater than one year (such as for 15 years or for life). 2012 state tax These payments are also known as amounts received as an annuity. 2012 state tax If you receive an amount from your plan that is not a periodic payment, see Taxation of Nonperiodic Payments , later. 2012 state tax In general, you can recover the cost of your pension or annuity tax free over the period you are to receive the payments. 2012 state tax The amount of each payment that is more than the part that represents your cost is taxable (however, see Insurance Premiums for Retired Public Safety Officers , earlier). 2012 state tax Designated Roth accounts. 2012 state tax   If you receive a qualified distribution from a designated Roth account, the distribution is not included in your gross income. 2012 state tax This applies to both your cost in the account and income earned on that account. 2012 state tax A qualified distribution is generally a distribution that is: Made after a 5-tax-year period of participation, and Made on or after the date you reach age 59½, made to a beneficiary or your estate on or after your death, or attributable to your being disabled. 2012 state tax   If the distribution is not a qualified distribution, the rules discussed in this section apply. 2012 state tax The designated Roth account is treated as a separate contract. 2012 state tax Period of participation. 2012 state tax   The 5-tax-year period of participation is the 5-tax-year period beginning with the first tax year for which the participant made a designated Roth contribution to the plan. 2012 state tax Therefore, for designated Roth contributions made for 2013, the first year for which a qualified distribution can be made is 2018. 2012 state tax   However, if a direct rollover is made to the plan from a designated Roth account under another plan, the 5-tax-year period for the recipient plan begins with the first tax year for which the participant first had designated Roth contributions made to the other plan. 2012 state tax   Your 401(k), 403(b), or 457(b) plan may permit you to roll over amounts from those plans to a designated Roth account within the same plan. 2012 state tax This is known as an in-plan Roth rollover. 2012 state tax For more details, see In-plan Roth rollovers , later. 2012 state tax Fully Taxable Payments The pension or annuity payments that you receive are fully taxable if you have no cost in the contract because any of the following situations applies to you (however, see Insurance Premiums for Retired Public Safety Officers , earlier). 2012 state tax You did not pay anything or are not considered to have paid anything for your pension or annuity. 2012 state tax Amounts withheld from your pay on a tax-deferred basis are not considered part of the cost of the pension or annuity payment. 2012 state tax Your employer did not withhold contributions from your salary. 2012 state tax You got back all of your contributions tax free in prior years (however, see Exclusion not limited to cost under Partly Taxable Payments, later). 2012 state tax Report the total amount you got on Form 1040, line 16b; Form 1040A, line 12b; or on Form 1040NR, line 17b. 2012 state tax You should make no entry on Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a. 2012 state tax Deductible voluntary employee contributions. 2012 state tax   Distributions you receive that are based on your accumulated deductible voluntary employee contributions are generally fully taxable in the year distributed to you. 2012 state tax Accumulated deductible voluntary employee contributions include net earnings on the contributions. 2012 state tax If distributed as part of a lump sum, they do not qualify for the 10-year tax option or capital gain treatment, explained later. 2012 state tax Partly Taxable Payments If you have a cost to recover from your pension or annuity plan (see Cost (Investment in the Contract) , earlier), you can exclude part of each annuity payment from income as a recovery of your cost. 2012 state tax This tax-free part of the payment is figured when your annuity starts and remains the same each year, even if the amount of the payment changes. 2012 state tax The rest of each payment is taxable (however, see Insurance Premiums for Retired Public Safety Officers , earlier). 2012 state tax You figure the tax-free part of the payment using one of the following methods. 2012 state tax Simplified Method. 2012 state tax You generally must use this method if your annuity is paid under a qualified plan (a qualified employee plan, a qualified employee annuity, or a tax-sheltered annuity plan or contract). 2012 state tax You cannot use this method if your annuity is paid under a nonqualified plan. 2012 state tax General Rule. 2012 state tax You must use this method if your annuity is paid under a nonqualified plan. 2012 state tax You generally cannot use this method if your annuity is paid under a qualified plan. 2012 state tax You determine which method to use when you first begin receiving your annuity, and you continue using it each year that you recover part of your cost. 2012 state tax If you had more than one partly taxable pension or annuity, figure the tax-free part and the taxable part of each separately. 2012 state tax Qualified plan annuity starting before November 19, 1996. 2012 state tax   If your annuity is paid under a qualified plan and your annuity starting date (defined earlier under Cost (Investment in the Contract) ) is after July 1, 1986, and before November 19, 1996, you could have chosen to use either the Simplified Method or the General Rule. 2012 state tax If your annuity starting date is before July 2, 1986, you use the General Rule unless your annuity qualified for the Three-Year Rule. 2012 state tax If you used the Three-Year Rule (which was repealed for annuities starting after July 1, 1986), your annuity payments are generally now fully taxable. 2012 state tax Exclusion limit. 2012 state tax   Your annuity starting date determines the total amount of annuity payments that you can exclude from income over the years. 2012 state tax Once your annuity starting date is determined, it does not change. 2012 state tax If you calculate the taxable portion of your annuity payments using the simplified method worksheet, the annuity starting date determines the recovery period for your cost. 2012 state tax That recovery period begins on your annuity starting date and is not affected by the date you first complete the worksheet. 2012 state tax Exclusion limited to cost. 2012 state tax   If your annuity starting date is after 1986, the total amount of annuity income that you can exclude over the years as a recovery of the cost cannot exceed your total cost. 2012 state tax Any unrecovered cost at your (or the last annuitant's) death is allowed as a miscellaneous itemized deduction on the final return of the decedent. 2012 state tax This deduction is not subject to the 2%-of-adjusted-gross-income limit. 2012 state tax Example 1. 2012 state tax Your annuity starting date is after 1986, and you exclude $100 a month ($1,200 a year) under the Simplified Method. 2012 state tax The total cost of your annuity is $12,000. 2012 state tax Your exclusion ends when you have recovered your cost tax free, that is, after 10 years (120 months). 2012 state tax After that, your annuity payments are generally fully taxable. 2012 state tax Example 2. 2012 state tax The facts are the same as in Example 1, except you die (with no surviving annuitant) after the eighth year of retirement. 2012 state tax You have recovered tax free only $9,600 (8 × $1,200) of your cost. 2012 state tax An itemized deduction for your unrecovered cost of $2,400 ($12,000 – $9,600) can be taken on your final return. 2012 state tax Exclusion not limited to cost. 2012 state tax   If your annuity starting date is before 1987, you can continue to take your monthly exclusion for as long as you receive your annuity. 2012 state tax If you chose a joint and survivor annuity, your survivor can continue to take the survivor's exclusion figured as of the annuity starting date. 2012 state tax The total exclusion may be more than your cost. 2012 state tax Simplified Method Under the Simplified Method, you figure the tax-free part of each annuity payment by dividing your cost by the total number of anticipated monthly payments. 2012 state tax For an annuity that is payable for the lives of the annuitants, this number is based on the annuitants' ages on the annuity starting date and is determined from a table. 2012 state tax For any other annuity, this number is the number of monthly annuity payments under the contract. 2012 state tax Who must use the Simplified Method. 2012 state tax   You must use the Simplified Method if your annuity starting date is after November 18, 1996, and you meet both of the following conditions. 2012 state tax You receive your pension or annuity payments from any of the following plans. 2012 state tax A qualified employee plan. 2012 state tax A qualified employee annuity. 2012 state tax A tax-sheltered annuity plan (403(b) plan). 2012 state tax On your annuity starting date, at least one of the following conditions applies to you. 2012 state tax You are under age 75. 2012 state tax You are entitled to less than 5 years of guaranteed payments. 2012 state tax Guaranteed payments. 2012 state tax   Your annuity contract provides guaranteed payments if a minimum number of payments or a minimum amount (for example, the amount of your investment) is payable even if you and any survivor annuitant do not live to receive the minimum. 2012 state tax If the minimum amount is less than the total amount of the payments you are to receive, barring death, during the first 5 years after payments begin (figured by ignoring any payment increases), you are entitled to less than 5 years of guaranteed payments. 2012 state tax Annuity starting before November 19, 1996. 2012 state tax   If your annuity starting date is after July 1, 1986, and before November 19, 1996, and you chose to use the Simplified Method, you must continue to use it each year that you recover part of your cost. 2012 state tax You could have chosen to use the Simplified Method if your annuity is payable for your life (or the lives of you and your survivor annuitant) and you met both of the conditions listed earlier under Who must use the Simplified Method . 2012 state tax Who cannot use the Simplified Method. 2012 state tax   You cannot use the Simplified Method if you receive your pension or annuity from a nonqualified plan or otherwise do not meet the conditions described in the preceding discussion. 2012 state tax See General Rule , later. 2012 state tax How to use the Simplified Method. 2012 state tax    Complete Worksheet A in the back of this publication to figure your taxable annuity for 2013. 2012 state tax Be sure to keep the completed worksheet; it will help you figure your taxable annuity next year. 2012 state tax   To complete line 3 of the worksheet, you must determine the total number of expected monthly payments for your annuity. 2012 state tax How you do this depends on whether the annuity is for a single life, multiple lives, or a fixed period. 2012 state tax For this purpose, treat an annuity that is payable over the life of an annuitant as payable for that annuitant's life even if the annuity has a fixed-period feature or also provides a temporary annuity payable to the annuitant's child under age 25. 2012 state tax    You do not need to complete line 3 of the worksheet or make the computation on line 4 if you received annuity payments last year and used last year's worksheet to figure your taxable annuity. 2012 state tax Instead, enter the amount from line 4 of last year's worksheet on line 4 of this year's worksheet. 2012 state tax Single-life annuity. 2012 state tax   If your annuity is payable for your life alone, use Table 1 at the bottom of the worksheet to determine the total number of expected monthly payments. 2012 state tax Enter on line 3 the number shown for your age on your annuity starting date. 2012 state tax This number will differ depending on whether your annuity starting date is before November 19, 1996, or after November 18, 1996. 2012 state tax Multiple-lives annuity. 2012 state tax   If your annuity is payable for the lives of more than one annuitant, use Table 2 at the bottom of the worksheet to determine the total number of expected monthly payments. 2012 state tax Enter on line 3 the number shown for the annuitants' combined ages on the annuity starting date. 2012 state tax For an annuity payable to you as the primary annuitant and to more than one survivor annuitant, combine your age and the age of the youngest survivor annuitant. 2012 state tax For an annuity that has no primary annuitant and is payable to you and others as survivor annuitants, combine the ages of the oldest and youngest annuitants. 2012 state tax Do not treat as a survivor annuitant anyone whose entitlement to payments depends on an event other than the primary annuitant's death. 2012 state tax   However, if your annuity starting date is before 1998, do not use Table 2 and do not combine the annuitants' ages. 2012 state tax Instead, you must use Table 1 at the bottom of the worksheet and enter on line 3 the number shown for the primary annuitant's age on the annuity starting date. 2012 state tax This number will differ depending on whether your annuity starting date is before November 19, 1996, or after November 18, 1996. 2012 state tax Fixed-period annuity. 2012 state tax   If your annuity does not depend in whole or in part on anyone's life expectancy, the total number of expected monthly payments to enter on line 3 of the worksheet is the number of monthly annuity payments under the contract. 2012 state tax Line 6. 2012 state tax   The amount on line 6 should include all amounts that could have been recovered in prior years. 2012 state tax If you did not recover an amount in a prior year, you may be able to amend your returns for the affected years. 2012 state tax Example. 2012 state tax Bill Smith, age 65, began receiving retirement benefits in 2013 under a joint and survivor annuity. 2012 state tax Bill's annuity starting date is January 1, 2013. 2012 state tax The benefits are to be paid for the joint lives of Bill and his wife, Kathy, age 65. 2012 state tax Bill had contributed $31,000 to a qualified plan and had received no distributions before the annuity starting date. 2012 state tax Bill is to receive a retirement benefit of $1,200 a month, and Kathy is to receive a monthly survivor benefit of $600 upon Bill's death. 2012 state tax Bill must use the Simplified Method to figure his taxable annuity because his payments are from a qualified plan and he is under age 75. 2012 state tax Because his annuity is payable over the lives of more than one annuitant, he uses his and Kathy's combined ages and Table 2 at the bottom of Worksheet A in completing line 3 of the worksheet. 2012 state tax His completed worksheet is shown later. 2012 state tax Bill's tax-free monthly amount is $100 ($31,000 ÷ 310) as shown on line 4 of the worksheet. 2012 state tax Upon Bill's death, if Bill has not recovered the full $31,000 investment, Kathy will also exclude $100 from her $600 monthly payment. 2012 state tax The full amount of any annuity payments received after 310 payments are paid must be included in gross income. 2012 state tax If Bill and Kathy die before 310 payments are made, a miscellaneous itemized deduction will be allowed for the unrecovered cost on the final income tax return of the last to die. 2012 state tax This deduction is not subject to the 2%-of-adjusted-gross-income limit. 2012 state tax Worksheet A. 2012 state tax Simplified Method Worksheet for Bill Smith 1. 2012 state tax Enter the total pension or annuity payments received this year. 2012 state tax Also, add this amount to the total for Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a 1. 2012 state tax $14,400 2. 2012 state tax Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion. 2012 state tax * See Cost (Investment in the Contract) , earlier 2. 2012 state tax 31,000   Note. 2012 state tax 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 (even if the amount of your pension or annuity has changed). 2012 state tax Otherwise, go to line 3. 2012 state tax     3. 2012 state tax Enter the appropriate number from Table 1 below. 2012 state tax But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below 3. 2012 state tax 310 4. 2012 state tax Divide line 2 by the number on line 3 4. 2012 state tax 100 5. 2012 state tax Multiply line 4 by the number of months for which this year's payments were made. 2012 state tax If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. 2012 state tax Otherwise, go to line 6 5. 2012 state tax 1,200 6. 2012 state tax Enter any amount previously recovered tax free in years after 1986. 2012 state tax This is the amount shown on line 10 of your worksheet for last year 6. 2012 state tax -0- 7. 2012 state tax Subtract line 6 from line 2 7. 2012 state tax 31,000 8. 2012 state tax Enter the smaller of line 5 or line 7 8. 2012 state tax 1,200 9. 2012 state tax Taxable amount for year. 2012 state tax Subtract line 8 from line 1. 2012 state tax Enter the result, but not less than zero. 2012 state tax Also, add this amount to the total for Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. 2012 state tax Note: If your Form 1099-R shows a larger taxable amount, use the amount figured on this line instead. 2012 state tax If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety Officers , earlier, before entering an amount on your tax return 9. 2012 state tax $13,200 10. 2012 state tax Was your annuity starting date before 1987? □ Yes. 2012 state tax STOP. 2012 state tax Do not complete the rest of this worksheet. 2012 state tax  ☑ No. 2012 state tax Add lines 6 and 8. 2012 state tax This is the amount you have recovered tax free through 2013. 2012 state tax You will need this number if you need to fill out this worksheet next year 10. 2012 state tax 1,200 11. 2012 state tax Balance of cost to be recovered. 2012 state tax Subtract line 10 from line 2. 2012 state tax If zero, you will not have to complete this worksheet next year. 2012 state tax The payments you receive next year will generally be fully taxable 11. 2012 state tax $29,800         * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996. 2012 state tax           Table 1 for Line 3 Above       AND your annuity starting date was—     IF the age at annuity starting date was. 2012 state tax . 2012 state tax . 2012 state tax BEFORE November 19, 1996, enter on line 3. 2012 state tax . 2012 state tax . 2012 state tax AFTER November 18, 1996, enter on line 3. 2012 state tax . 2012 state tax . 2012 state tax     55 or under 300 360     56-60 260 310     61-65 240 260     66-70 170 210     71 or older 120 160     Table 2 for Line 3 Above     IF the combined ages at  annuity starting date were. 2012 state tax . 2012 state tax . 2012 state tax THEN enter on line 3. 2012 state tax . 2012 state tax . 2012 state tax     110 or under   410     111-120   360     121-130   310     131-140   260     141 or older   210   Multiple annuitants. 2012 state tax   If you and one or more other annuitants receive payments at the same time, you exclude from each annuity payment a pro rata share of the monthly tax-free amount. 2012 state tax Figure your share by taking the following steps. 2012 state tax Complete your worksheet through line 4 to figure the monthly tax-free amount. 2012 state tax Divide the amount of your monthly payment by the total amount of the monthly payments to all annuitants. 2012 state tax Multiply the amount on line 4 of your worksheet by the amount figured in (2) above. 2012 state tax The result is your share of the monthly tax-free amount. 2012 state tax   Replace the amount on line 4 of the worksheet with the result in (3) above. 2012 state tax Enter that amount on line 4 of your worksheet each year. 2012 state tax General Rule Under the General Rule, you determine the tax-free part of each annuity payment based on the ratio of the cost of the contract to the total expected return. 2012 state tax Expected return is the total amount you and other eligible annuitants can expect to receive under the contract. 2012 state tax To figure it, you must use life expectancy (actuarial) tables prescribed by the IRS. 2012 state tax Who must use the General Rule. 2012 state tax   You must use the General Rule if you receive pension or annuity payments from: A nonqualified plan (such as a private annuity, a purchased commercial annuity, or a nonqualified employee plan), or A qualified plan if you are age 75 or older on your annuity starting date and your annuity payments are guaranteed for at least 5 years. 2012 state tax Annuity starting before November 19, 1996. 2012 state tax   If your annuity starting date is after July 1, 1986, and before November 19, 1996, you had to use the General Rule for either circumstance just described. 2012 state tax You also had to use it for any fixed-period annuity. 2012 state tax If you did not have to use the General Rule, you could have chosen to use it. 2012 state tax If your annuity starting date is before July 2, 1986, you had to use the General Rule unless you could use the Three-Year Rule. 2012 state tax   If you had to use the General Rule (or chose to use it), you must continue to use it each year that you recover your cost. 2012 state tax Who cannot use the General Rule. 2012 state tax   You cannot use the General Rule if you receive your pension or annuity from a qualified plan and none of the circumstances described in the preceding discussions apply to you. 2012 state tax See Simplified Method , earlier. 2012 state tax More information. 2012 state tax   For complete information on using the General Rule, including the actuarial tables you need, see Publication 939. 2012 state tax Taxation of Nonperiodic Payments This section of the publication explains how any nonperiodic distributions you receive under a pension or annuity plan are taxed. 2012 state tax Nonperiodic distributions are also known as amounts not received as an annuity. 2012 state tax They include all payments other than periodic payments and corrective distributions. 2012 state tax For example, the following items are treated as nonperiodic distributions. 2012 state tax Cash withdrawals. 2012 state tax Distributions of current earnings (dividends) on your investment. 2012 state tax However, do not include these distributions in your income to the extent the insurer keeps them to pay premiums or other consideration for the contract. 2012 state tax Certain loans. 2012 state tax See Loans Treated as Distributions , later. 2012 state tax The value of annuity contracts transferred without full and adequate consideration. 2012 state tax See Transfers of Annuity Contracts , later. 2012 state tax Corrective distributions of excess plan contributions. 2012 state tax   Generally, if the contributions made for you during the year to certain retirement plans exceed certain limits, the excess is taxable to you. 2012 state tax To correct an excess, your plan may distribute it to you (along with any income earned on the excess). 2012 state tax Although the plan reports the corrective distributions on Form 1099-R, the distribution is not treated as a nonperiodic distribution from the plan. 2012 state tax It is not subject to the allocation rules explained in the following discussion, it cannot be rolled over into another plan, and it is not subject to the additional tax on early distributions. 2012 state tax    If your retirement plan made a corrective distribution of excess amounts (excess deferrals, excess contributions, or excess annual additions), your Form 1099-R should have the code “8,” “B,” “P,” or “E” in box 7. 2012 state tax   For information on plan contribution limits and how to report corrective distributions of excess contributions, see Retirement Plan Contributions under Employee Compensation in Publication 525. 2012 state tax Figuring the Taxable Amount How you figure the taxable amount of a nonperiodic distribution depends on whether it is made before the annuity starting date, or on or after the annuity starting date. 2012 state tax If it is made before the annuity starting date, its tax treatment also depends on whether it is made under a qualified or nonqualified plan. 2012 state tax If it is made under a nonqualified plan, its tax treatment depends on whether it fully discharges the contract, is received under certain life insurance or endowment contracts, or is allocable to an investment you made before August 14, 1982. 2012 state tax You may be able to roll over the taxable amount of a nonperiodic distribution from a qualified retirement plan into another qualified retirement plan or a traditional IRA tax free. 2012 state tax See Rollovers, later. 2012 state tax If you do not make a tax-free rollover and the distribution qualifies as a lump-sum distribution, you may be able to elect an optional method of figuring the tax on the taxable amount. 2012 state tax See Lump-Sum Distributions, later. 2012 state tax Annuity starting date. 2012 state tax   The annuity starting date is either the first day of the first period for which you receive an annuity payment under the contract or the date on which the obligation under the contract becomes fixed, whichever is later. 2012 state tax Distributions of employer securities. 2012 state tax    If you receive a distribution of employer securities from a qualified retirement plan, you may be able to defer the tax on the net unrealized appreciation (NUA) in the securities. 2012 state tax The NUA is the net increase in the securities' value while they were in the trust. 2012 state tax This tax deferral applies to distributions of the employer corporation's stocks, bonds, registered debentures, and debentures with interest coupons attached. 2012 state tax   If the distribution is a lump-sum distribution, tax is deferred on all of the NUA unless you choose to include it in your income for the year of the distribution. 2012 state tax    A lump-sum distribution for this purpose is the distribution or payment of a plan participant's entire balance (within a single tax year) from all of the employer's qualified plans of one kind (pension, profit-sharing, or stock bonus plans), but only if paid: Because of the plan participant's death, After the participant reaches age 59½, Because the participant, if an employee, separates from service, or After the participant, if a self-employed individual, becomes totally and permanently disabled. 2012 state tax    If you choose to include NUA in your income for the year of the distribution and the participant was born before January 2, 1936, you may be able to figure the tax on the NUA using the optional methods described und