Publication 721 |
2000 Tax Year |
Part V Rules for Survivors of Federal Retirees
This part of the publication is for survivors of federal retirees.
It explains how to treat amounts you receive because of the retiree's
death.
Decedent's retirement benefits.
Retirement benefits accrued and payable to a CSRS or FERS retiree
before death, but paid to you as a survivor, are taxable in the same
manner and to the same extent these benefits would have been taxable
had the retiree lived to receive them.
CSRS or FERS Survivor Annuity
CSRS or FERS annuity payments you receive as the surviving spouse
of a federal retiree are fully taxable or are partly taxable under
either the General Rule or the Simplified Method.
Cost recovered.
If the retiree reported the annuity under the Three-Year Rule and
recovered all of the cost tax free before dying, your survivor annuity
payments are fully taxable. This is also true if the retiree had an
annuity starting date after 1986, reported the annuity under the
General Rule or the Simplified Method, and had fully recovered the
cost tax free.
General Rule.
If the retiree was reporting the annuity under the General Rule,
use the same exclusion percentage that the retiree used. Apply the
exclusion percentage to the amount specified as your survivor annuity
at the retiree's annuity starting date. Do not apply the exclusion
percentage to any cost-of-living increases made after that date. Those
increases are fully taxable. For more information about the General
Rule, get Publication 939.
Simplified Method.
If the retiree was reporting the annuity under the Simplified
Method, your tax-free monthly amount is the same as the retiree's
monthly exclusion (from line 4 of the Simplified Method
Worksheet). This amount remains fixed even if the monthly
payment is increased or decreased. A cost-of-living increase in your
survivor annuity payments does not change the amount you can exclude
from gross income.
Exclusion limit.
If the retiree's annuity starting date was before 1987, you can
exclude the tax-free amount from all the annuity payments you receive.
This includes any payments received after you recover the cost tax
free.
If the retiree's annuity starting date is after 1986, you can
exclude the tax-free amount only until you recover the cost tax free.
The annuity payments you receive after you recover the annuity cost
tax free are fully taxable.
Deduction of unrecovered cost.
If the annuity starting date is after July 1, 1986, and the
survivor annuitant's death occurs before all the cost is recovered tax
free, the unrecovered cost can be claimed as a miscellaneous itemized
deduction (not subject to the 2%-of-adjusted-gross-income limit) for
the annuitant's last tax year.
Surviving spouse with child.
If the survivor benefits include both a life annuity for the
surviving spouse and one or more temporary annuities for the retiree's
children, the tax-free monthly amount that would otherwise apply to
the life annuity must be allocated among the beneficiaries. To figure
the tax-free monthly amount for each beneficiary, multiply it by a
fraction. The numerator of the fraction is the beneficiary's monthly
annuity, and the denominator of the fraction is the total of the
monthly annuity payments to all the beneficiaries.
Example.
John retired in 1998 and began receiving a $1,147 per month CSRS
retirement annuity with a survivor annuity payable to his wife, Kate,
upon his death. He chose to report his annuity using the Simplified
Method. Under that method, $150 of each payment he received was a
tax-free recovery of his $45,000 cost. John received a total of 22
monthly payments and recovered $3,300 of his cost tax free before his
death in 2000. At John's death, Kate began receiving an annuity of
$840 per month and their children, Sam and Lou, began receiving
temporary annuities of $330 each per month. Kate must allocate the
$150 tax-free monthly amount among the three annuities.
Kate allocates $84 ($150 x $840/$1,500) of the tax-free
monthly amount to her annuity and $33 ($150 x $330/$1,500) to
each child's annuity. Beginning the month in which either child is no
longer eligible for an annuity, she will reallocate $108 ($150 x
$840/$1,170) of the $150 tax-free monthly amount to her annuity and
$42 ($150 x $330/$1,170) to the other child's annuity.
Surviving child only.
If the survivor benefits include only a temporary annuity for the
retiree's child, allocate the unrecovered cost over the number of
months from the date the annuity started until the child reaches age
22. If more than one temporary annuity is paid, allocate the cost over
the number of months until the youngest child reaches age
22, and allocate the tax-free monthly amount among the annuities in
proportion to the monthly annuity payments.
Lump-Sum CSRS or FERS Payment
If a deceased retiree has no beneficiary eligible to receive a
survivor annuity, the retiree's unrecovered CSRS or FERS contributions
plus accrued interest, if any, will be paid in a lump sum to the
estate or other beneficiary. The estate or other beneficiary will
rarely have to include any part of the lump sum in gross income. The
taxable amount is figured as follows.
Blank lump-sum payment to the estate or other beneficiary
The taxable amount, if any, generally cannot be rolled over into an
IRA or other plan and is subject to federal income tax withholding at
a 10% rate. It may qualify as a lump-sum distribution eligible for
capital gain treatment or the 10-year tax option. If the beneficiary
also receives a lump-sum payment of unrecovered voluntary
contributions plus interest, this treatment applies only if the
payment is received within the same tax year. For more information,
see Lump-Sum Distributions in Publication 575.
Voluntary Contributions
If you receive an additional survivor annuity benefit from
voluntary contributions to the CSRS, treat it separately from the
annuity that comes from regular contributions. Each year you will
receive Form CSF 1099R that will show how much of your total annuity
received in the past year was from each type of benefit.
If, before death, the retiree was receiving additional annuity
payments from voluntary contributions and was reporting them under the
General Rule, use the retiree's exclusion percentage. Apply the
exclusion percentage to your additional survivor annuity benefits as
of the retiree's annuity starting date. If the retiree was reporting
the payments under the Simplified Method, use the same monthly
exclusion amount that the retiree used. If the annuity starting date
was after 1986, the total exclusion is limited to the amount of the
voluntary contributions. After the total of these contributions has
been recovered tax free, the additional annuity payments are fully
taxable.
Lump-sum payment.
If at the time of the retiree's death there was no one eligible to
receive a survivor annuity, the retiree's unrecovered voluntary
contributions plus any interest will be paid in a lump sum to the
estate or other beneficiary. Part of the lump-sum payment may be
taxable to the beneficiary. To figure the taxable amount, add the
lump-sum payment to any tax-free amounts received by the retiree and
subtract the retiree's total voluntary contributions. The excess, if
any, is taxable. See Lump-Sum CSRS or FERS Payment,
earlier.
Thrift Savings Plan
If you receive a payment from the TSP account of a deceased federal
retiree, the payment is fully taxable. However, if you are the
retiree's surviving spouse, you generally can roll over the otherwise
taxable payment to a traditional IRA tax free. (You cannot make a
rollover to another qualified plan.) If you do not choose a direct
rollover of the TSP account, 20% federal income tax withholding will
apply. For more information, see Rollover Rules in Part II,
earlier. If you are not the surviving spouse, the payment is not
eligible for rollover treatment. The TSP will withhold 10% of the
payment for federal income tax, unless you give the TSP a Form W-4P to
choose not to have tax withheld.
If the retiree chose to receive his or her account balance as an
annuity, the payments you receive as the retiree's survivor are fully
taxable when you receive them, whether they are received as annuity
payments or as a cash refund of the remaining value of the amount used
to purchase the annuity.
Federal Estate Tax
A federal estate tax return may have to be filed for the estate of
the retired employee. See Federal Estate Tax in Part IV.
Income Tax Deduction
for Estate Tax Paid
Any income that a decedent had a right to receive and could have
received had death not occurred and that was not properly includible
in the decedent's final income tax return is treated as
income in
respect of a decedent. This includes retirement benefits accrued
and payable to a retiree before death, but paid to you as a survivor.
If you are required to include income in respect of a decedent in
gross income for any tax year, you can deduct for the same tax year
the portion of the federal estate tax imposed on the decedent's estate
that is from the inclusion in the estate of the right to receive that
amount. For this purpose, if the decedent died after the annuity
starting date, the taxable portion of a survivor annuity you receive
(other than a temporary annuity for a child) is considered income in
respect of a decedent.
The federal estate tax you can deduct is determined by comparing
the actual federal estate tax and the tax that would have been paid if
the income in respect of the decedent were not included in the gross
estate.
Income tax deductions for the estate tax on the value of your
survivor annuity will be spread over the period of your life
expectancy. The deductions cannot be taken beyond your life
expectancy. Moreover, if you should die before the end of this period,
there is no compensating adjustment for the unused deductions.
If the income in respect of the decedent is ordinary income, the
estate tax must be deducted as a miscellaneous itemized deduction (not
subject to the 2%-of-adjusted-gross-income limit).
For more information, see Income in Respect of the Decedent
in Publication 559,
Survivors, Executors, and
Administrators.
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