Pub. 721, Tax Guide to U.S. Civil Service Retirement Benefits |
2006 Tax Year |
Publication 721 - Main Contents
This is archived information that pertains only to the 2006 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Part I General Information
This part of the publication contains information that can apply to most recipients of civil service retirement benefits.
If you leave federal government service or transfer to a job not under the CSRS or FERS and you are not eligible for an immediate
annuity, you can
choose to receive a refund of the money in your CSRS or FERS retirement account. The refund will include both regular and
voluntary contributions you
made to the fund, plus any interest payable.
If the refund includes only your contributions, none of the refund is taxable. If it includes any interest, the interest is
taxable unless you roll
it over into another qualified plan or a traditional individual retirement arrangement (IRA). If you do not have the Office
of Personnel Management
(OPM) transfer the interest to an IRA or other plan in a direct rollover, tax will be withheld at a 20% rate. See Rollover Rules in Part II
for information on how to make a rollover.
Interest is not paid on contributions to the CSRS for service after 1956 unless your service was for more than 1 year but
not more than 5 years.
Therefore, many employees who withdraw their contributions under the CSRS do not get interest and do not owe any tax on their
refund.
If you do not roll over interest included in your refund, it may qualify as a lump-sum distribution eligible for capital gain
treatment or the
10-year tax option. If you separate from service before the calendar year in which you reach age 55, it may be subject to
an additional 10% tax on
early distributions. For more information, see Lump-Sum Distributions and Tax on Early Distributions in Publication 575.
A lump-sum distribution is eligible for capital gain treatment or the 10-year tax option only if the plan participant was
born before January 2,
1936.
Tax Withholding and Estimated Tax
The CSRS or FERS annuity you receive is subject to federal income tax withholding, unless you choose not to have tax withheld.
OPM will tell you
how to make the choice. The choice for no withholding remains in effect until you change it. These withholding rules also
apply to a disability
annuity, whether received before or after minimum retirement age.
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.
You may owe a penalty if the total of your withheld tax and estimated tax does not cover most of the tax shown on your return.
Generally, you will
owe the penalty if the additional tax you must pay with your return is $1,000 or more and more than 10% of the tax shown on
your return. For more
information, including exceptions to the penalty, see chapter 4 of Publication 505, Tax Withholding and Estimated Tax.
Form CSA 1099R.
Form CSA 1099R is mailed to you by OPM each year. It will show any tax you had withheld. File a copy of Form CSA 1099R
with your tax return if any
federal income tax was withheld.
You also can view or print your Form CSA 1099R at
www.servicesonline.opm.gov.
Choosing no withholding on payments outside the United States.
The choice for no withholding generally cannot be made for annuity payments to be delivered outside the United States
and its possessions.
To choose no withholding if you are a U.S. citizen or resident alien, you must provide OPM with your home address
in the United States or its
possessions. Otherwise, OPM has to withhold tax. For example, OPM must withhold if you provide a U.S. address for a nominee,
trustee, or agent (such
as a bank) to whom the benefits are to be delivered, but you do not provide your own U.S. home address.
If you certify to OPM that you are not a U.S. citizen, a U.S. resident alien, or someone who left the United States
to avoid tax, you may be
subject to the 30% flat rate withholding that applies to nonresident aliens. For details, see Publication 519, U.S. Tax Guide
for Aliens.
Withholding certificate.
If you give OPM a Form W-4P-A, Election of Federal Income Tax Withholding, you can choose not to have tax withheld
or you can choose to have tax
withheld depending on your marital status and withholding allowances. If you do not make either of these choices, OPM must
withhold as if you were
married with three withholding allowances.
To change the amount of tax withholding or to stop withholding, call OPM's Retirement Information Office at 1-888-767-6738
(customers within the
local Washington, D.C. calling area must call 202-606-0500), or call Annuitant Express at 1-800-409-6528. No special form
is needed. You will need
your retirement CSA or CSF claim number, your social security number, and your personal identification number (PIN) when you
call. If you have TTY/TDD
equipment, call 1-800-878-5707. If you need a PIN, call OPM's Retirement Information Office.
You also can change the amount of withholding or stop withholding through the Internet at
www.servicesonline.opm.gov. You will need your retirement CSA or CSF
claim number and your PIN.
Withholding from certain lump-sum payments.
If you leave the federal government before becoming eligible to retire and you apply for a refund of your CSRS or
FERS contributions, or you die
without leaving a survivor eligible for an annuity, you or your beneficiary will receive a distribution of your contributions
to the retirement plan
plus any interest payable. Tax will be withheld at a 20% rate on the interest distributed. However, tax will not be withheld
if you have OPM transfer
(roll over) the interest directly to your traditional IRA or other qualified plan. See Rollover Rules in Part II. If you receive only your
contributions, no tax will be withheld.
Withholding from Thrift Savings Plan payments.
Generally, a distribution that you receive from the TSP is subject to federal income tax withholding. The amount withheld
is:
-
20% if the distribution is an eligible rollover distribution, or
-
10% if it is a nonperiodic distribution other than an eligible rollover distribution, or
-
An amount determined by treating the payment as wages, if it is a periodic distribution.
However, you usually can choose not to have tax withheld from TSP payments other than eligible rollover distributions. By
January 31 after the end
of the year in which you receive a distribution, the TSP will issue Form 1099-R showing the total distributions you received
in the prior year and the
amount of tax withheld.
For a detailed discussion of withholding on distributions from the TSP, see Important Tax Information About Payments
From Your TSP Account,
available from your agency personnel office or from the TSP.
The above document is also available on the Internet at
www.tsp.gov. Select “Forms & Publications,” then select “Publications,” then “Tax
Notices.”
Estimated tax.
Generally, you must make estimated tax payments for 2007 if you expect to owe at least $1,000 in tax (after subtracting
your withholding and
credits) and you expect your withholding and your credits to be less than the smaller of:
-
90% of the tax to be shown on your income tax return for 2007, or
-
100% of the tax shown on your 2006 income tax return (110% of that amount if the adjusted gross income shown on the return
was more than
$150,000 ($75,000 if your filing status for 2007 will be married filing separately)). The return must cover all 12 months.
You do not have to pay estimated tax for 2007 if you were a U.S. citizen or resident alien for all of 2006 and you
had no tax liability for the
full 12-month 2006 tax year.
Form 1040-ES contains a worksheet that you can use to help you figure your estimated tax payments. For more information,
see chapter 2 in
Publication 505.
If your gross income, including the taxable part of your annuity, is less than a certain amount, you generally do not have
to file a federal income
tax return for that year. The gross income filing requirements for the tax year are in the instructions to Form 1040, 1040A,
or 1040EZ.
Children.
If you are the surviving spouse of a federal employee or retiree and your monthly annuity check includes a survivor
annuity for one or more
children, each child's annuity counts as his or her own income (not yours) for federal income tax purposes.
If your child can be claimed as a dependent, treat the taxable part of his or her annuity as unearned income when
applying the filing requirements
for dependents.
Form CSF 1099R.
Form CSF 1099R will be mailed to you by January 31 after the end of each tax year. It will show the total amount of
the annuity you received in the
past year. It also should show, separately, the survivor annuity for a child or children. Only the part that is each individual's
survivor annuity
should be shown on that individual's Form 1040 or 1040A.
If your Form CSF 1099R does not show separately the amount paid to you for a child or children, attach a statement
to your return, along with a
copy of Form CSF 1099R, explaining why the amount shown on the tax return differs from the amount shown on Form CSF 1099R.
You also can view or print your Form CSF 1099R at
www.servicesonline.opm.gov.
You may request a Summary of Payments, showing the amounts paid to you for your child(ren), from OPM by calling OPM's Retirement
Information Office
at 1-888-767-6738 (customers within the local Washington, D.C. calling area must call 202-606-0500). You will need your CSF
claim number and your
social security number when you call.
Taxable part of annuity.
To find the taxable part of a retiree's annuity, see the discussion in Part II, Rules for Retirees, or Part III, Rules for
Disability Retirement and Credit for the Elderly or the Disabled, whichever applies. To find the taxable part of each survivor annuity, see the
discussion in Part IV, Rules for Survivors of Federal Employees, or Part V, Rules for Survivors of Federal Retirees, whichever
applies.
Part II Rules for Retirees
This part of the publication is for retirees who retired on nondisability retirement. If you retired on disability, see Part
III, Rules for
Disability Retirement and Credit for the Elderly or the Disabled, later.
Annuity statement.
The statement you received from OPM when your CSRS or FERS annuity was approved shows the commencing date (the annuity
starting date), the gross
monthly rate of your annuity benefit, and your total contributions to the retirement plan (your cost). You will use this information
to figure the
tax-free recovery of your cost.
Annuity starting date.
If you retire from federal government service on a regular annuity, your annuity starting date is the commencing date
on your annuity statement
from OPM. If something delays payment of your annuity, such as a late application for retirement, it does not affect the date
your annuity begins to
accrue or your annuity starting date.
Gross monthly rate.
This is the amount you were to get after any adjustment for electing a survivor's annuity or for electing the lump-sum
payment under the
alternative annuity option (if either applied) but before any deduction for income tax withholding, insurance premiums, etc.
Your cost.
Your monthly annuity payment contains an amount on which you have previously paid income tax. This amount represents
part of your contributions to
the retirement plan. Even though you did not receive the money that was contributed to the plan, it was included in your gross
income for federal
income tax purposes in the years it was taken out of your pay.
The cost of your annuity is the total of your contributions to the retirement plan, as shown on your annuity statement
from OPM. If you elected the
alternative annuity option, it includes any deemed deposits and any deemed redeposits that were added to your lump-sum credit.
(See Lump-sum
credit under Alternative Annuity Option, later.)
If you repaid contributions that you had withdrawn from the retirement plan earlier, or if you paid into the plan
to receive full credit for
service not subject to retirement deductions, the entire repayment, including any interest, is a part of your cost. You cannot
claim an interest
deduction for any interest payments. You cannot treat these payments as voluntary contributions; they are considered regular
employee contributions.
Recovering your cost tax free.
How you figure the tax-free recovery of the cost of your CSRS or FERS annuity depends on your annuity starting date.
-
If your annuity starting date is before July 2, 1986, either the Three-Year Rule or the General Rule (both discussed later)
applies to your
annuity.
-
If your annuity starting date is after July 1, 1986, and before November 19, 1996, you could have chosen to use either the
General Rule or
the Simplified Method (discussed later).
-
If your annuity starting date is after November 18, 1996, you must use the Simplified Method.
Under both the General Rule and the Simplified Method, each of your monthly annuity payments is made up of two parts:
the tax-free part that is a
return of your cost, and the taxable part that is the amount of each payment that is more than the part that represents your
cost. The tax-free part
is a fixed dollar amount. It remains the same, even if your annuity is increased. Generally, this rule applies as long as
you receive your annuity.
However, see Exclusion limit, later.
Choosing a survivor annuity after retirement.
If you retired without a survivor annuity and report your annuity under the Simplified Method, do not change your
tax-free monthly amount even if
you later choose a survivor annuity.
If you retired without a survivor annuity and report your annuity under the General Rule, you must figure the tax-free
part of your annuity using a
new exclusion percentage if you later choose a survivor annuity and take reduced annuity payments. To figure the new exclusion
percentage, reduce your
cost by the amount you previously recovered tax free. Figure the expected return as of the date the reduced annuity begins.
For details on the General
Rule, see Publication 939.
Canceling a survivor annuity after retirement.
If you retired with a survivor annuity payable to your spouse upon your death and you notify OPM that your marriage
has ended, your annuity might
be increased to remove the reduction for a survivor benefit. The increased annuity does not change the cost recovery you figured
at the annuity
starting date. The tax-free part of each annuity payment remains the same.
For more information about choosing or canceling a survivor annuity after retirement, contact OPM's Retirement Information
Office at 1-888-767-6738
(customers within the local Washington, D.C. calling area must call 202-606-0500).
Exclusion limit.
Your annuity starting date determines the total amount of annuity payments that you can exclude from income over the
years.
Annuity starting date after 1986.
If your annuity starting date is after 1986, the total amount of annuity income that you (or the survivor annuitant)
can exclude over the years as
a return of your cost cannot exceed your total cost. Annuity payments you or your survivors receive after the total cost in
the plan has been
recovered are fully taxable.
Example.
Your annuity starting date is after 1986 and you exclude $100 a month under the Simplified Method. If your cost is $12,000,
the exclusion ends
after 10 years (120 months). Thereafter, your entire annuity is taxable.
Annuity starting date before 1987.
If your annuity starting date is before 1987, you continue to take your monthly exclusion figured under the General
Rule or Simplified Method for
as long as you receive your annuity. If you chose a joint and survivor annuity, your survivor continues to take that same
exclusion. The total
exclusion may be more than your cost.
Deduction of unrecovered cost.
If your annuity starting date is after July 1, 1986, and the cost of your annuity has not been fully recovered at
your (or the survivor
annuitant's) death, a deduction is allowed for the unrecovered cost. The deduction is claimed on your (or your survivor's)
final tax return as a
miscellaneous itemized deduction (not subject to the 2%-of-adjusted-gross-income limit). If your annuity starting date is
before July 2, 1986, no tax
benefit is allowed for any unrecovered cost at death.
If your annuity starting date is after November 18, 1996, you must use the Simplified Method to figure the tax-free part of
your CSRS or FERS
annuity. (OPM has figured the taxable amount of your annuity shown on your Form CSA 1099R using the Simplified Method.) You
could have chosen to use
either the Simplified Method or the General Rule if your annuity starting date is after July 1, 1986, but before November
19, 1996. The Simplified
Method does not apply if your annuity starting date is before July 2, 1986.
Under the Simplified Method, you figure the tax-free part of each full monthly payment by dividing your cost by a number of
months based on your
age. This number will differ depending on whether your annuity starting date is before November 19, 1996, or after November
18, 1996. If your annuity
starting date is after 1997 and your annuity includes a survivor benefit for your spouse, this number is based on your combined
ages.
Worksheet A.
Use Worksheet A, Simplified Method (near the end of this publication), to figure your taxable annuity. Be sure to
keep the completed worksheet. It
will help you figure your taxable amounts for later years.
Instead of Worksheet A, you generally can use the Simplified Method Worksheet in the instructions for Form 1040, Form 1040A,
or Form 1040NR to
figure your taxable annuity. However, you must use Worksheet A and Worksheet B in this publication if you chose the alternative
annuity option,
discussed later.
Line 2.
See Your cost, earlier, for an explanation of your cost in the plan. If your annuity starting date is after November 18, 1996, and you
chose the alternative annuity option (explained later), you must reduce your cost by the tax-free part of the lump-sum payment
you received.
Line 3.
The number you enter on line 3 is the number of monthly annuity payments under the plan. Find the appropriate number
from one of the tables at the
bottom of the worksheet. If your annuity starting date is after 1997, use:
-
Table 1 for an annuity without a survivor benefit, or
-
Table 2 for an annuity with a survivor benefit.
If your annuity starting date is before 1998, use Table 1.
Line 6.
If you retired before 2006, the amount previously recovered tax free that you must enter on line 6 is the total amount
from line 10 of last year's
worksheet. If your annuity starting date is before November 19, 1996, and you chose the alternative annuity option, this amount
includes the tax-free
part of the lump-sum payment you received.
Example.
Bill Smith retired from the Federal Government on March 31, 2006, under an annuity that will provide a survivor benefit for
his wife, Kathy. His
annuity starting date is April 1, 2006. He must use the Simplified Method to figure the tax-free part of his annuity benefits.
Bill's monthly annuity benefit is $1,000. He had contributed $31,000 to his retirement plan and had received no distributions
before his annuity
starting date. At his annuity starting date, he was 65 and Kathy was 57.
Bill's completed Worksheet A is shown on the next page. To complete line 3, he used Table 2 at the bottom of the worksheet
and found that 310 is
the number in the second column opposite the age range that includes 122 (his and Kathy's combined ages). Bill keeps a copy
of the completed worksheet
for his records. It will help him (and Kathy, if she survives him) figure the taxable amount of the annuity in later years.
Bill's tax-free monthly amount is $100. (See line 4 of the worksheet.) If he lives to collect more than 310 monthly payments,
he will have to
include in his gross income the full amount of any annuity payments received after 310 payments have been made.
If Bill does not live to collect 310 monthly payments and his wife begins to receive monthly payments, she also will exclude
$100 from each monthly
payment until 310 payments (Bill's and hers) have been collected. If she dies before 310 payments have been made, a miscellaneous
itemized deduction
(not subject to the 2%-of-adjusted- gross-income limit) will be allowed for the unrecovered cost on her final income tax return.
If your annuity starting date is after November 18, 1996, you cannot use the General Rule to figure the tax-free part of your
CSRS or FERS annuity.
If your annuity starting date is after July 1, 1986, but before November 19, 1996, you could have chosen to use either the
General Rule or the
Simplified Method. If your annuity starting date is before July 2, 1986, you could have chosen to use the General Rule only
if you could not use the
Three-Year Rule.
Under the General Rule, you figure the tax-free part of each full monthly payment by multiplying the initial gross monthly
rate of your annuity by
an exclusion percentage. Figuring this percentage is complex and requires the use of actuarial tables. For these tables and
other information about
using the General Rule, see Publication 939.
If your annuity starting date was before July 2, 1986, you probably had to report your annuity using the Three-Year Rule.
Under this rule, you
excluded all the annuity payments from income until you fully recovered your cost. After your cost was recovered, all payments
became fully taxable.
You cannot use another rule to again exclude amounts from income.
The Three-Year Rule was repealed for retirees whose annuity starting date is after July 1, 1986.
Worksheet A. Simplified Method for Bill Smith See the instructions in Part II of this publication under Simplified Method.
1. |
Enter the total pension or annuity payments received this year. Also, add this amount to the total for
Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a
|
1. |
$ 8,000
|
2. |
Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion
* |
2. |
31,000
|
|
Note: 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. Otherwise, go
to line 3. |
|
|
3. |
Enter the appropriate number from Table 1 below. 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. |
310
|
4. |
Divide line 2 by line 3
|
4. |
100
|
5. |
Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting
date was before 1987, skip lines 6 and 7 and enter this amount on line 8. Otherwise, go to line 6
|
5. |
800
|
6. |
Enter any amounts previously recovered tax free in years after 1986. This is the amount shown on line 10
of your worksheet for last year
|
6. |
0
|
7. |
Subtract line 6 from line 2
|
7. |
31,000
|
8. |
Enter the smaller of line 5 or line 7
|
8. |
800
|
9. |
Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero.
Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If you are a nonresident alien, also
enter this amount on line 1
of Worksheet C. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead
|
9. |
$7,200
|
10. |
Was your annuity starting date before 1987?
Yes.STOP. Do not complete the rest of this worksheet.
No. Add lines 6 and 8. This is the amount you have recovered tax free through 2006. You will need this
number if you need to fill out this worksheet next year
|
10. |
800
|
11. |
Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you will not
have to complete this worksheet next year. The payments you receive next year will be fully taxable
|
11. |
$30,200
|
Table 1 for Line 3 Above
|
|
IF your age on your
annuity starting date was |
|
AND your annuity starting date was— |
|
|
before November 19, 1996,
THEN enter on line 3 |
after November 18, 1996,
THEN enter on line 3 |
|
55 or under
|
300
|
360
|
|
56-60
|
260
|
310
|
|
61-65
|
240
|
260
|
|
66-70
|
170
|
210
|
|
71 or over
|
120
|
160
|
Table 2 for Line 3 Above
|
|
IF the annuitants' combined ages on your annuity starting date were |
|
THEN enter on line 3 |
|
|
|
|
110 or under
|
|
410
|
|
|
|
|
111-120
|
|
360
|
|
|
|
|
121-130
|
|
310
|
|
|
|
|
131-140
|
|
260
|
|
|
|
|
141 or over
|
|
210
|
|
|
|
* A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August
21, 1996.
Alternative Annuity Option
If you are eligible, you may choose an alternative form of annuity. If you make this choice, you will receive a lump-sum payment
equal to your
contributions to the plan and a reduced monthly annuity. You are eligible to make this choice if you meet all of the following
requirements.
-
You are retiring, but not on disability.
-
You have a life-threatening illness or other critical medical condition.
-
You do not have a former spouse entitled to court ordered benefits based on your service.
If you are not eligible or do not choose this alternative annuity, you can skip the following discussion and go to Federal Gift Tax,
later.
The lump-sum payment you receive under the alternative annuity option generally has a tax-free part and a taxable part. The
tax-free part
represents part of your cost. The taxable part represents part of the earnings on your annuity contract. If your lump-sum
credit (discussed later)
includes a deemed deposit or redeposit, the taxable amount will be more than the lump-sum payment.
You must include the taxable part of the lump-sum payment in your income for the year you receive the payment unless you roll
it over into another
qualified plan or a traditional IRA. If you do not have OPM transfer the taxable amount to an IRA or other plan in a direct
rollover, tax will be
withheld at a 20% rate. See Rollover Rules, later, for information on how to make a rollover.
OPM can make a direct rollover only up to the amount of the lump-sum payment. Therefore, to defer tax on the full taxable
amount if it is more than
the payment, you must add funds from another source.
The taxable part of the lump-sum payment does not qualify as a lump-sum distribution eligible for capital gain treatment or
the 10-year tax option.
It also may be subject to an additional 10% tax on early distributions if you separate from service before the calendar year
in which you reach age
55, even if you reach age 55 in the year you receive the lump-sum payment. For more information, see Lump-Sum Distributions and Tax on
Early Distributions in Publication 575.
Worksheet B.
Use Worksheet B, Lump-Sum Payment (near the end of this publication), to figure the taxable part of your lump-sum
payment. Be sure to keep the
completed worksheet for your records.
To complete the worksheet, you will need to know the amount of your lump-sum credit and the present value of your
annuity contract.
Lump-sum credit.
Generally, this is the same amount as the lump-sum payment you receive (the total of your contributions to the retirement
system). However, for
purposes of the alternative annuity option, your lump-sum credit also may include deemed deposits and redeposits that OPM
advanced to your retirement
account so that you are given credit for the service they represent. Deemed deposits (including interest) are for federal
employment during which no
retirement contributions were taken out of your pay. Deemed redeposits (including interest) are for any refunds of retirement
contributions that you
received and did not repay. You are treated as if you had received a lump-sum payment equal to the amount of your lump-sum
credit and then had made a
repayment to OPM of the advanced amounts.
Present value of your annuity contract.
The present value of your annuity contract is figured using actuarial tables provided by the IRS.
If you are receiving a lump-sum payment under the Alternative Annuity Option, you can write to the address below to find out
the present value of
your annuity contract.
Internal Revenue Service
Actuarial Group 2 SE:T:EP:RA:T:A2
1111 Constitution Ave., NW PE-4G6
Washington, DC 20224
Example.
David Brown retired from the federal government in 2006, one month after his 55th birthday. He had contributed $31,000 to
his retirement plan and
chose to receive a lump-sum payment of that amount under the alternative annuity option. The present value of his annuity
contract was $155,000.
The tax-free part and the taxable part of the lump-sum payment are figured using Worksheet B, as shown below. The taxable
part ($24,800) is also
his net cost in the plan, which is used to figure the taxable part of his reduced annuity payments. See Reduced Annuity, later.
Worksheet B. Lump-Sum Payment for David Brown See the instructions in Part II of this publication under Alternative Annuity Option.
1. |
Enter your lump-sum credit (your cost in the plan at the annuity starting date)
|
1. |
$ 31,000
|
2. |
Enter the present value of your annuity contract
|
2. |
155,000
|
3. |
Divide line 1 by line 2
|
3. |
.20
|
4. |
Tax-free amount. Multiply line 1 by line 3. (Caution: Do not include this amount on line 6 of Worksheet
A in this publication.)
|
4. |
$6,200
|
5. |
Taxable amount (net cost in the plan). Subtract line 4 from line 1. Include this amount in the total on Form
1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. Also, enter this amount on line 2 of Worksheet A in this publication.
|
5. |
$24,800
|
|
Lump-sum payment in installments.
If you choose the alternative annuity option, you usually will receive the lump-sum payment in two equal installments.
You will receive the first
installment after you make the choice upon retirement. The second installment will be paid to you, with interest, in the next
calendar year.
(Exceptions to the installment rule are provided for cases of critical medical need.)
Even though the lump-sum payment is made in installments, the overall tax treatment (explained at the beginning of
this discussion) is the same as
if the whole payment were paid at once. If the payment has a tax-free part, you must treat the taxable part as received first.
How to report.
Add any actual or deemed payment of your lump-sum credit (defined earlier) to the total for Form 1040, line 16a; Form
1040A, line 12a; or Form
1040NR, line 17a. Add the taxable part to the total for Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b,
unless you roll over the
taxable part to your traditional IRA or a qualified retirement plan.
If you receive the lump-sum payment in two installments, include any interest paid with the second installment on
line 8a of either Form 1040 or
Form 1040A , or on line 9a of Form 1040NR.
If you have chosen to receive a lump-sum payment under the alternative annuity option, you also will receive reduced monthly
annuity payments.
These annuity payments each will have a tax-free and a taxable part. To figure the tax-free part of each annuity payment,
you must use the Simplified
Method (Worksheet A). For instructions on how to complete the worksheet, see Worksheet A under Simplified Method, earlier.
To complete Worksheet A, line 2, you must reduce your cost in the plan by the tax-free part of the lump-sum payment you received.
Enter as your net
cost on line 2 the amount from Worksheet B, line 5. Do not include the tax-free part of the lump-sum payment with other amounts
recovered tax free
(Worksheet A, line 6) when limiting your total exclusion to your total cost.
Example.
The facts are the same as in the example for David Brown in the preceding discussion. In addition, David received 10 annuity
payments in 2006 of
$1,200 each. Using Worksheet A, he figures the taxable part of his annuity payments. He completes line 2 by reducing his $31,000
cost by the $6,200
tax-free part of his lump-sum payment. His entry on line 2 is his $24,800 net cost in the plan (the amount from Worksheet
B, line 5). He does not
include the tax-free part of his lump-sum payment on Worksheet A, line 6. David's filled-in Worksheet A is shown on the next
page.
Worksheet A. Simplified Method for David Brown See the instructions in Part II of this publication under Simplified Method.
1. |
Enter the total pension or annuity payments received this year. Also, add this amount to the total for
Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a
|
1. |
$ 12,000
|
2. |
Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion
* |
2. |
24,800
|
|
Note: 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. Otherwise, go
to line 3. |
|
|
3. |
Enter the appropriate number from Table 1 below. 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. |
360
|
4. |
Divide line 2 by line 3
|
4. |
68.89
|
5. |
Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting
date was before 1987, skip lines 6 and 7 and enter this amount on line 8. Otherwise, go to line 6
|
5. |
688.90
|
6. |
Enter any amounts previously recovered tax free in years after 1986. This is the amount shown on line 10
of your worksheet for last year
|
6. |
0
|
7. |
Subtract line 6 from line 2
|
7. |
24,800
|
8. |
Enter the smaller of line 5 or line 7
|
8. |
688.90
|
9. |
Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero.
Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If you are a nonresident alien, also
enter this amount on line 1
of Worksheet C. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead
|
9. |
$11,311.10
|
10. |
Was your annuity starting date before 1987?
Yes.STOP. Do not complete the rest of this worksheet.
No. Add lines 6 and 8. This is the amount you have recovered tax free through 2006. You will need this
number if you need to fill out this worksheet next year
|
10. |
688.90
|
11. |
Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you will not
have to complete this worksheet next year. The payments you receive next year will be fully taxable
|
11. |
$24,111.10
|
Table 1 for Line 3 Above
|
|
IF your age on your
annuity starting date was |
|
AND your annuity starting date was— |
|
|
before November 19, 1996,
THEN enter on line 3 |
after November 18, 1996,
THEN enter on line 3 |
|
55 or under
|
300
|
360
|
|
56-60
|
260
|
310
|
|
61-65
|
240
|
260
|
|
66-70
|
170
|
210
|
|
71 or over
|
120
|
160
|
Table 2 for Line 3 Above
|
|
IF the annuitants' combined ages on your annuity starting date were |
|
THEN enter on line 3 |
|
|
|
|
110 or under
|
|
410
|
|
|
|
|
111-120
|
|
360
|
|
|
|
|
121-130
|
|
310
|
|
|
|
|
131-140
|
|
260
|
|
|
|
|
141 or over
|
|
210
|
|
|
|
* A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August
21, 1996.
Reemployment after choosing the alternative annuity option. If you chose this option when you retired and then you were reemployed
by the Federal
Government before retiring again, your Form CSA 1099R may show only the amount of your contributions to your retirement plan
during your reemployment.
If the amount on the form does not include all your contributions, disregard it and use your total contributions to figure
the taxable part of your
annuity payments.
Annuity starting date before November 19, 1996.
If your annuity starting date is before November 19, 1996, and you chose the alternative annuity option, the taxable
and tax-free parts of your
lump-sum payment and your annuity payments are figured using different rules. Under those rules, you do not reduce your cost
in the plan (Worksheet A,
line 2) by the tax-free part of the lump-sum payment. However, you must include that tax-free amount with other amounts previously
recovered tax free
(Worksheet A, line 6) when limiting your total exclusion to your total cost.
If, through the exercise or nonexercise of an election or option, you provide an annuity for your beneficiary at or after
your death, you have made
a gift. The gift may be taxable for gift tax purposes. The value of the gift is equal to the value of the annuity.
Joint and survivor annuity.
If the gift is an interest in a joint and survivor annuity where only you and your spouse can receive payments before
the death of the last spouse
to die, the gift generally will qualify for the unlimited marital deduction. This will eliminate any gift tax liability with
regard to that gift.
If you provide survivor annuity benefits for someone other than your current spouse, such as your former spouse, the
unlimited marital deduction
will not apply. This may result in a taxable gift.
More information.
For information about the gift tax, see Publication 950, Introduction to Estate and Gift Taxes, and Form 709, United
States Gift (and
Generation-Skipping Transfer) Tax Return, and its instructions.
Retirement During the Past Year
If you have recently retired, the following discussions covering annual leave, voluntary contributions, and community property
may apply to you.
Annual leave.
Treat a payment for accrued annual leave received on retirement as a salary payment. It is taxable as wages in the
tax year you receive it.
Voluntary contributions.
Voluntary contributions to the retirement fund are those made in addition to the regular contributions that were deducted
from your salary. They
also include the regular contributions withheld from your salary after you have the years of service necessary for the maximum
annuity allowed by law.
Voluntary contributions are not the same as employee contributions to the Thrift Savings Plan. See Thrift Savings Plan, later.
Additional annuity benefit.
If you choose to receive an additional annuity benefit from your voluntary contributions, it is treated separately
from the annuity benefit that
comes from the regular contributions deducted from your salary. This separate treatment applies for figuring the amounts to
be excluded from, and
included in, gross income. It does not matter that you receive only one monthly check covering both benefits. Each year you
will receive a Form CSA
1099R that will show how much of your total annuity received in the past year was from each type of benefit.
Figure the taxable and tax-free parts of your additional monthly benefits from voluntary contributions using the rules
that apply to regular CSRS
and FERS annuities, as explained earlier.
Refund of voluntary contributions.
If you choose to receive a refund of your voluntary contributions plus accrued interest, the interest is taxable to
you in the tax year it is
distributed unless you roll it over to a traditional IRA or another qualified retirement plan. If you do not have OPM transfer
the interest to a
traditional IRA or other qualified retirement plan in a direct rollover, tax will be withheld at a 20% rate. See Rollover Rules, later. The
interest does not qualify as a lump-sum distribution eligible for capital gain treatment or the 10-year tax option. It also
may be subject to an
additional 10% tax on early distributions if you separate from service before the calendar year in which you reach age 55.
For more information, see
Lump-Sum Distributions and Tax on Early Distributions in Publication 575.
Community property laws.
State community property laws apply to your annuity. These laws will affect your income tax only if you file a return
separately from your spouse.
Generally, the determination of whether your annuity is separate income (taxable to you) or community income (taxable
to both you and your spouse)
is based on your marital status and domicile when you were working. Regardless of whether you are now living in a community
property state or a
noncommunity property state, your current annuity may be community income if it is based on services you performed while married
and domiciled in a
community property state.
At any time, you have only one domicile even though you may have more than one home. Your domicile is your fixed and
permanent legal home to which,
when absent, you intend to return. The question of your domicile is mainly a matter of your intentions as indicated by your
actions.
If your annuity is a mixture of community income and separate income, you must divide it between the two kinds of
income. The division is based on
your periods of service and domicile in community and noncommunity property states while you were married.
For more information, see Publication 555, Community Property.
Reemployment After Retirement
If you retired from federal service and are later reemployed by the Federal Government, you can continue to receive your annuity
during
reemployment. The employing agency usually will pay you the difference between your salary for your period of reemployment
and your annuity. This
amount is taxable as wages. Your annuity will continue to be taxed just as it was before. If you are still recovering your
cost, you continue to do
so. If you have recovered your cost, the annuity you receive while you are reemployed generally is fully taxable.
The following special rules apply to nonresident alien federal employees performing services outside the United States and
to nonresident alien
retirees and beneficiaries. A nonresident alien is an individual who is not a citizen or a resident alien of the United States.
Special rule for figuring your total contributions.
Your contributions to the retirement plan (your cost) also include the government's contributions to the plan to a
certain extent. You include
government contributions that would not have been taxable to you at the time they were contributed if they had been paid directly
to you. For example,
government contributions would not have been taxable to you if, at the time made, your services were performed outside the
United States. Thus, your
cost is increased by these government contributions and the benefits that you, or your beneficiary, must include in income
are reduced.
This method of figuring your total contributions does not apply to any contributions the government made on your behalf
after you became a citizen
or a resident alien of the United States.
Limit on taxable amount.
There is a limit on the taxable amount of payments received from the CSRS, the FERS, or the TSP by a nonresident alien
retiree or nonresident alien
beneficiary. Figure this limited taxable amount by multiplying the otherwise taxable amount by a fraction. The numerator of
the fraction is the
retiree's total U.S. Government basic pay, other than tax-exempt pay for services performed outside the United States. The
denominator is the
retiree's total U.S. Government basic pay for all services.
Basic pay includes regular pay plus any standby differential. It does not include bonuses, overtime pay, certain
retroactive pay, uniform or other
allowances, or lump-sum leave payments.
To figure the limited taxable amount of your CSRS or FERS annuity or your TSP distributions, use the following worksheet.
(For an annuity, first
complete Worksheet A in this publication.)
Worksheet C. Limited Taxable Amount for Nonresident Alien
1. |
Enter the otherwise taxable amount of the CSRS or FERS annuity (from line 9 of Worksheet A) or TSP
distributions
|
1. |
|
2. |
Enter the total U.S. Government basic pay other than tax-exempt pay for services performed
outside the United States
|
2. |
|
3. |
Enter the total U.S. Government basic pay for all services
|
3. |
|
4. |
Divide line 2 by line 3
|
4. |
|
5. |
Limited taxable amount. Multiply line 1 by line 4. Enter this amount on Form 1040NR, line
17b
|
5. |
|
Example 1.
You are a nonresident alien who performed all services for the U.S. Government abroad as a nonresident alien. You retired
and began to receive a
monthly annuity of $200. Your total basic pay for all services for the U.S. Government was $100,000. All of your basic pay
was tax exempt because it
was not U.S. source income.
The taxable amount of your annuity using Worksheet A in this publication is $720. You are a nonresident alien, so you figure
the limited taxable
amount of your annuity using Worksheet C as follows.
Worksheet C. Limited Taxable Amount for Nonresident Alien — Example 1
1. |
Enter the otherwise taxable amount of the CSRS or FERS annuity (from line 9 of Worksheet A) or TSP
distributions
|
1. |
$ 720
|
2. |
Enter the total U.S. Government basic pay other than tax-exempt pay for services performed
outside the United States
|
2. |
0
|
3. |
Enter the total U.S. Government basic pay for all services
|
3. |
100,000
|
4. |
Divide line 2 by line 3
|
4. |
0
|
5. |
Limited taxable amount. Multiply line 1 by line 4. Enter this amount on Form 1040NR, line
17b
|
5. |
0
|
Example 2.
You are a nonresident alien who performed services for the U.S. Government as a nonresident alien both within the United States
and abroad. You
retired and began to receive a monthly annuity of $240.
Your total basic pay for your services for the U.S. Government was $120,000; $40,000 was for work done in the United States
and $80,000 was for
your work done in a foreign country. The part of your total basic pay for your work done in a foreign country was tax exempt
because it was not U.S.
source income.
The taxable amount of your annuity figured using Worksheet A in this publication is $1,980. You are a nonresident alien, so
you figure the limited
taxable amount of your annuity using Worksheet C as follows.
Worksheet C. Limited Taxable Amount for Nonresident Alien — Example 2
1. |
Enter the otherwise taxable amount of the CSRS or FERS annuity (from line 9 of Worksheet A) or TSP
distributions
|
1. |
$ 1,980
|
2. |
Enter the total U.S. Government basic pay other than tax-exempt pay for services performed
outside the United States
|
2. |
40,000
|
3. |
Enter the total U.S. Government basic pay for all services
|
3. |
120,000
|
4. |
Divide line 2 by line 3
|
4. |
.333
|
5. |
Limited taxable amount. Multiply line 1 by line 4. Enter this amount on Form 1040NR, line
17b
|
5. |
659
|
All of the money in your TSP account is taxed as ordinary income when you receive it. (However, see Uniformed services TSP accounts,
next.) This is because neither the contributions to your TSP account nor its earnings have been included previously in your
taxable income. The
way that you withdraw your account balance determines when you must pay the tax.
Uniformed services TSP accounts.
If you have a uniformed services TSP account that includes contributions from combat zone pay, the distributions attributable
to those
contributions are tax exempt. However, any earnings on those contributions are subject to tax when they are distributed. The
statement you receive
from the TSP will separately state the total amount of your distribution and the amount of your taxable distribution for the
year. You can get more
information from the TSP website,
www.tsp.gov, or the TSP Service Office.
Direct rollover by the TSP.
If you ask the TSP to transfer any part of the money in your account to a traditional IRA or other qualified retirement
plan, the tax on that part
is deferred until you receive payments from the traditional IRA or other plan. See Rollover Rules, later.
TSP annuity.
If you ask the TSP to buy an annuity with the money in your account, the annuity payments are taxed when you receive
them. The payments are not
subject to the additional 10% tax on early distributions, even if you are under age 55 when they begin.
Cash withdrawals.
If you withdraw any of the money in your TSP account, it is generally taxed as ordinary income when you receive it
unless you roll it over into a
traditional IRA or other qualified plan. (See Rollover Rules, later.) If you receive your entire TSP account balance in a single tax year,
you may be able to use the 10-year tax option to figure your tax. See Lump-Sum Distributions in Publication 575 for details.
To qualify for the 10-year tax option, the plan participant must have been born before January 2, 1936.
If you receive a single payment or you choose to receive your account balance in monthly payments over a period of
less than 10 years, the TSP
generally must withhold 20% for federal income tax. If you choose to receive your account balance in monthly payments over
a period of 10 or more
years or a period based on your life expectancy, the payments are subject to withholding as if you are married with three
withholding allowances,
unless you submit a withholding certificate. See also Withholding from Thrift Savings Plan payments and Withholding certificate
earlier under Tax Withholding and Estimated Tax in Part I.
Tax on early distributions.
Any money paid to you from your TSP account before you reach age 59½ may be subject to an additional 10% tax on early
distributions.
However, this additional tax does not apply in certain situations, including any of the following.
-
You separate from government service during or after the calendar year in which you reach age 55.
-
You choose to receive your account balance in monthly payments based on your life expectancy.
-
You are totally and permanently disabled.
For more information, see Tax on Early Distributions in Publication 575.
Outstanding loan.
If the TSP declares a distribution from your account because money you borrowed has not been repaid when you separate
from government service, your
account is reduced and the amount of the distribution (your unpaid loan balance and any unpaid interest) is taxed in the year
declared. The
distribution also may be subject to the additional 10% tax on early distributions. However, the tax will be deferred if you
make a rollover
contribution to a traditional IRA or other qualified plan equal to the declared distribution amount. See Rollover Rules, later. If you
withdraw any money from your TSP account in that same year, the TSP must withhold income tax of 20% of the total of the declared
distribution and the
amount withdrawn.
More information.
For more information about the TSP, see Summary of the Thrift Savings Plan for Federal Employees, distributed to all
federal employees. Also, see
Important Tax Information About Payments From Your TSP Account and Tax Treatment of TSP Payments to Nonresident Aliens and
Their Beneficiaries, which
are available from your agency personnel office or from the TSP.
The above documents are also available on the Internet at
www.tsp.gov. Select “ Forms & Publications.”
A rollover is a tax-free withdrawal of cash or other assets from one qualified retirement plan or traditional IRA and its
reinvestment in another
qualified retirement plan or traditional IRA. You do not include the amount rolled over in your income, and you cannot take
a deduction for it. The
amount rolled over is taxed later as the new program pays that amount to you. If you roll over amounts into a traditional
IRA, later distributions of
these amounts from the traditional IRA do not qualify for the capital gain or the 10-year tax option. However, capital gain
treatment or the 10-year
tax option will be restored if the traditional IRA contains only amounts rolled over from a qualified plan and these amounts
are rolled over from the
traditional IRA into a qualified retirement plan.
To qualify for the capital gain treatment or 10-year tax option, the plan participant must have been born before January 2,
1936.
Qualified retirement plan.
For this purpose, a qualified retirement plan generally is:
-
A qualified employee plan,
-
A qualified employee annuity,
-
A tax-sheltered annuity plan (403(b) plan), or
-
An eligible state or local government section 457 deferred compensation plan.
The CSRS, FERS, and TSP are considered qualified retirement plans.
Distributions eligible for rollover treatment.
If you receive a refund of your CSRS or FERS contributions when you leave government service, you can roll over any
interest you receive on the
contributions. You cannot roll over any part of your CSRS or FERS annuity payments.
You can roll over a distribution of any part of your TSP account balance except:
-
A distribution of your account balance that you choose to receive in monthly payments over:
-
Your life expectancy,
-
The joint life expectancies of you and your beneficiary, or
-
A period of 10 years or more,
-
A required minimum distribution generally beginning at age 70½,
-
A declared distribution because of an unrepaid loan, if you have not separated from government service (see Outstanding loan
under Thrift Savings Plan, earlier), or
-
A hardship distribution.
In addition, a distribution to your beneficiary generally is not treated as an eligible rollover distribution. However,
see Qualified domestic
relations order (QDRO) and Rollovers by surviving spouse, later.
Direct rollover option.
You can choose to have the OPM or TSP transfer any part of an eligible rollover distribution directly to another qualified
retirement plan that
accepts rollover distributions or to a traditional IRA. The distribution cannot be rolled over into a Roth IRA.
There is an automatic rollover requirement for mandatory distributions. A mandatory distribution is a distribution
made without your consent and
before you reach age 62 or normal retirement age, whichever is later. The automatic rollover requirement applies if the distribution
is more than
$1,000 and is an eligible rollover distribution. You can choose to have the distribution paid directly to you or rolled over
directly to your
traditional IRA or another qualified retirement plan. If you do not make this choice, the TSP or OPM will automatically roll
over the distribution
into an IRA of a designated trustee or issuer.
No tax withheld.
If you choose the direct rollover option or have an automatic rollover, no tax will be withheld from any part of the
distribution that is directly
paid to the trustee of the other plan.
Payment to you option.
If an eligible rollover distribution is paid to you, the OPM or TSP must withhold 20% for income tax even if you plan
to roll over the distribution
to another qualified retirement plan or traditional IRA. However, the full amount is treated as distributed to you even though
you actually receive
only 80%. You generally must include in income any part (including the part withheld) that you do not roll over within 60
days to another qualified
retirement plan or to a traditional IRA.
If you leave government service before the calendar year in which you reach age 55 and are under age 59½ when a distribution
is paid
to you, you may have to pay an additional 10% tax on any part, including any tax withheld, that you do not roll over. See
Tax on Early
Distributions in Publication 575.
Exception to withholding.
Withholding from an eligible rollover distribution paid to you is not required if the distributions for your tax year
total less than $200.
Partial rollovers.
A lump-sum distribution may qualify for capital gain treatment or the 10-year tax option if the plan participant was
born before January 2, 1936.
See Lump-Sum Distributions in Publication 575. However, if you roll over any part of the distribution, the part you keep does not qualify
for this special tax treatment.
Rolling over more than amount received.
If you want to roll over more of an eligible rollover distribution than the amount you received after income tax was
withheld, you will have to add
funds from some other source (such as your savings or borrowed amounts).
Example.
You left government service at age 53. On February 1, 2007, you receive an eligible rollover distribution of $10,000 from
your TSP account. The TSP
withholds $2,000, so you actually receive $8,000. If you want to roll over the entire $10,000 to postpone including that amount
in your income, you
will have to get $2,000 from some other source and add it to the $8,000 you actually received.
If you roll over only $8,000, you must include in your income the $2,000 not rolled over. Also, you may be subject to the
10% additional tax on the
$2,000.
Time for making rollover.
You generally must complete the rollover of an eligible rollover distribution by the 60th day following the day on
which you receive the
distribution.
The IRS may waive the 60-day requirement where the failure to do so would be against equity or good conscience, such
as in the event of a casualty,
disaster, or other event beyond your reasonable control. For more information on this waiver, see Revenue Procedure 2003-16,
in Internal Revenue
Bulletin 2003-4. If you need to apply for a waiver, you must request a letter ruling. See Revenue Procedures 2006-4 and 2006-8
in Internal Revenue
Bulletin 2006-1.
A letter ruling is not required if a financial institution receives the rollover funds during the 60-day rollover
period, you follow all procedures
required by the financial institution, and, solely due to an error on the part of the financial institution, the funds are
not deposited into an
eligible retirement account within the 60-day rollover period.
Frozen deposits.
If an amount distributed to you becomes a frozen deposit in a financial institution during the 60-day period after
you receive it, the rollover
period is extended. An amount is a frozen deposit if you cannot withdraw it because of either:
-
The bankruptcy or insolvency of the financial institution, or
-
Any requirement imposed by the state in which the institution is located because of the bankruptcy or insolvency (or threat
of it) of one or
more financial institutions in the state.
The 60-day rollover period is extended by the period for which the amount is a frozen deposit and does not end earlier
than 10 days after the
amount is no longer a frozen deposit.
Qualified domestic relations order (QDRO).
You may be able to roll over tax free all or part of a distribution you receive from the CSRS, the FERS, or the TSP
under a court order in a
divorce or similar proceeding. You must receive the distribution as the government employee's spouse or former spouse (not
as a nonspousal
beneficiary). The rollover rules apply to you as if you were the employee. You can roll over the distribution if it is an
eligible rollover
distribution (described earlier) and it is made under a QDRO or, for the TSP, a qualifying order.
A QDRO is a judgment, decree, or order relating to payment of child support, alimony, or marital property rights.
The payments must be made to a
spouse, former spouse, child, or other dependent of a participant in the plan. For the TSP, a QDRO can be a qualifying order,
but a domestic relations
order can be a qualifying order even if it is not a QDRO. For example, a qualifying order can include an order that requires
a TSP payment of
attorney's fees to the attorney for the spouse, former spouse, or child of the participant.
The order must contain certain information, including the amount or percentage of the participant's benefits to be
paid to each payee. It cannot
require the plan to pay benefits in a form not offered by the plan, nor can it require the plan to pay increased benefits.
A distribution that is paid to a child, dependent, or, if applicable, an attorney for fees, under a QDRO or a qualifying
order is taxed to the plan
participant.
Rollovers by surviving spouse.
You may be able to roll over tax free all or part of the CSRS, FERS, or TSP distribution you receive as the surviving
spouse of a deceased employee
or retiree. The rollover rules apply to you as if you were the employee or retiree. You generally can roll over the distribution
into a qualified
retirement plan or a traditional IRA.
Before 2007, a distribution paid to a beneficiary other than the employee's surviving spouse was not an eligible rollover
distribution.
Rollovers by nonspouse beneficiary.
After 2006, you may be able to roll over tax free all or a portion of a distribution you receive from the CSRS, FERS,
or TSP of a deceased employee
or retiree. You must be the designated beneficiary of the employee or retiree, but you cannot be the surviving spouse. The
distribution must be a
direct trustee-to-trustee transfer to your IRA that was set up to receive the distribution. The transfer will be treated as
an eligible rollover
distribution and the receiving plan will be treated as an inherited IRA. For information on inherited IRAs, see Publication
590.
How to report.
On your Form 1040, report the total distributions from the CSRS, FERS, or TSP on line 16a. Report the taxable amount
of the distributions (total
distribution less the amount rolled over) on line 16b. If you file Form 1040A, report the total distributions on line 12a
and the taxable amount on
line 12b. If you file Form 1040NR, report the total distributions on line 17a and the taxable amount on line 17b. Also, write
“ Rollover” next to
line 16b, 12b, or 17b, whichever is applicable.
Written explanation to recipients.
The TSP or OPM must provide a written explanation to you within a reasonable period of time before making an eligible
rollover distribution to you.
It must tell you about all of the following.
-
Your right to have the distribution paid tax free directly to another qualified retirement plan or to a traditional IRA.
-
The requirement to withhold tax from the distribution if it is not directly rolled over.
-
The nontaxability of any part of the distribution that you roll over within 60 days after you receive the distribution.
-
Other qualified retirement plan rules that apply, including those for lump-sum distributions, alternate payees, and cash or
deferred
arrangements.
-
How the distribution rules of the plan to which you roll over the distribution may differ from the rules that apply to the
plan making the
distribution in their restrictions and tax consequences.
Reasonable period of time.
The TSP or OPM must provide you with a written explanation no earlier than 90 days and no later than 30 days before
the distribution is made.
However, you can choose to have the TSP or OPM make a distribution less than 30 days after the explanation is provided, as
long as the following two
requirements are met.
-
You must have the opportunity to consider whether or not you want to make a direct rollover for at least 30 days after the
explanation is
provided.
-
The information you receive must clearly state that you have the right to have 30 days to make a decision.
Contact the TSP or OPM if you have any questions about this information.
Choosing the right option.
Table 1 may help you decide which distribution option to choose. Carefully compare the effects of each option.
Table 1. Comparison of Payment to You Versus Direct Rollover
Affected Item |
Result of a Payment to You |
Result of a Direct Rollover |
Withholding
|
The payer must withhold 20% of the taxable part.
|
There is no withholding.
|
Additional tax
|
If you are under age 59½, a 10% additional tax may apply to the taxable part (including an amount equal to the
tax withheld) that is not rolled over.
|
There is no 10% additional tax. See Tax on early distributions, earlier.
|
When to report
as income
|
Any taxable part (including the taxable part of any amount withheld) not rolled over is income to you in the year paid.
|
Any taxable part is not income to you until later distributed to you from the new plan or
IRA.
|
Distributions Used To Pay Insurance Premiums for 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 after 2006 from an eligible retirement plan that are used to
pay the premiums for
accident or health insurance or long-term care insurance. The premiums can be for coverage for you, your spouse, or dependents.
The distribution must
be made directly from the plan to the insurance provider. You can exclude from income the smaller of the amount of the insurance
premiums or $3,000.
You can only make this election for amounts that would otherwise be included in your income. The amount excluded from your
income cannot be used to
claim a medical expense deduction.
For this purpose, an eligible retirement plan is a governmental plan that is:
The CSRS, FERS, and TSP are considered eligible retirement plans.
If you received annuity benefits that are not fully taxable, report the total received for the year on Form 1040, line 16a;
Form 1040A, line 12a;
or Form 1040NR, line 17a. Also, include on that line the total of any other pension plan payments (even if fully taxable,
such as those from the TSP)
that you received during the year in addition to the annuity. Report the taxable amount of these total benefits on line 16b
(Form 1040), line 12b
(Form 1040A), or line 17b (Form 1040NR). If you use Form 4972, Tax on Lump-Sum Distributions, however, to report the tax on
any amount, do not include
that amount on lines 16a and 16b; lines 12a and 12b; or lines 17a or 17b; follow the Form 4972 instructions.
If you received only fully taxable payments from your retirement, the TSP, or other pension plan, report on Form 1040, line
16b; Form 1040A, line
12b; or Form 1040NR, line 17b, the total received for the year (except for any amount reported on Form 4972); no entry is
required on line 16a (Form
1040), line 12a (Form 1040A), or line 17a (Form 1040NR).
Part III Rules for Disability Retirement and Credit for the Elderly or the Disabled
This part of the publication is for federal employees and retirees who receive disability benefits under the CSRS, the FERS,
or other federal
programs. It also explains the tax credit available to certain taxpayers because of age or disability.
If you retired on disability, the disability annuity you receive from the CSRS or FERS is taxable as wages until you reach
minimum retirement age.
Beginning on the day after you reach minimum retirement age, your payments are treated as a retirement annuity and you can
begin to recover the cost
of your annuity under the rules discussed in Part II.
If you find that you could have started your recovery in an earlier year for which you have already filed a return, you can
still start your
recovery of contributions in that earlier year. To do so, file an amended return for that year and each succeeding year for
which you have already
filed a return. Generally, an amended return for any year must be filed within 3 years after the due date for filing your
original return for that
year.
Minimum retirement age.
This is the age at which you first could receive an annuity were you not disabled. This generally is based on your
age and length of service.
Retirement under the Civil Service Retirement System (CSRS).
In most cases, under the CSRS, the minimum combinations of age and service for retirement are:
-
Age 55 with 30 years of service,
-
Age 60 with 20 years of service,
-
Age 62 with 5 years of service, or
-
For service as a law enforcement officer, firefighter, nuclear materials courier, or air traffic controller, age 50 with 20
years of covered
service.
Retirement under the Federal Employees Retirement System (FERS).
In most cases, the minimum age for retirement under the FERS is between ages 55 and 57 with at least 10 years of service.
With at least 5 years of
service, your minimum retirement age is age 62. Your minimum retirement age with at least 10 years of service is shown in
Table 2.
Table 2. FERS Minimum Retirement Age (MRA) With 10 Years of Service
IF you were born in |
THEN Your MRA is |
1947 or earlier
|
55 years.
|
1948
|
55 years, 2 months.
|
1949
|
55 years, 4 months.
|
1950
|
55 years, 6 months.
|
1951
|
55 years, 8 months.
|
1952
|
55 years, 10 months.
|
1953 to 1964
|
56 years.
|
1965
|
56 years, 2 months.
|
1966
|
56 years, 4 months.
|
1967
|
56 years, 6 months.
|
1968
|
56 years, 8 months.
|
1969
|
56 years, 10 months.
|
1970 or later
|
57 years.
|
For service as a law enforcement officer, member of the Capitol or Supreme Court Police, firefighter, nuclear materials
courier, or air traffic
controller, the minimum retirement age is age 50 with 20 years of covered service or any age with 25 years of covered service.
How to report.
You must report all your disability annuity payments received before minimum retirement age on Form 1040 or Form 1040A,
line 7, or Form 1040NR,
line 8.
Withholding.
For income tax withholding purposes, a disability annuity is treated the same as a nondisability annuity. This treatment
also applies to disability
payments received before minimum retirement age even though these payments are shown as wages on your return. See Tax Withholding and Estimated
Tax in Part I.
The tax treatment of certain other benefits is explained in this section.
Federal Employees' Compensation Act (FECA).
FECA payments you receive for personal injuries or sickness resulting from the performance of your duties are like
workers' compensation. They are
tax exempt and are not treated as disability income or annuities. However, payments you receive while your claim is being
processed, including pay
while on sick leave and continuation of pay for up to 45 days, are taxable.
Sick pay or disability payments repaid.
If you repay sick leave or disability annuity payments you received in an earlier year to be eligible for nontaxable
FECA benefits for that period,
you can deduct the amount you repay. You can claim the deduction whether you repay the amount yourself or have the FECA payment
sent directly to your
employing agency or the OPM.
Claim the deduction on Schedule A (Form 1040) as a miscellaneous itemized deduction, subject to the 2%- of-adjusted-gross-income
limit. It is
considered a business loss and may create a net operating loss if your deductions for the year are more than your income for
the year. Get Publication
536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts, for more information. The repayment is not eligible
for the special tax credit
that applies to repayments over $3,000 of amounts received under a claim of right.
If you repay sick leave or disability annuity payments in the same year you receive them, the repayment reduces your
taxable sick leave pay or
disability annuity. Do not deduct it separately.
Terrorist attack.
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. For more information about payments to survivors of terrorist attacks, see Publication 3920, Tax Relief
for Victims of Terrorist
Attacks.
Military actions.
Disability payments for injuries incurred as a direct result of a military action involving the Armed Forces of the
United States and resulting
from actual or threatened violence or aggression against the United States or any of its allies, are not included in income.
Disability resulting from military service injuries.
If you received tax-exempt benefits from the Department of Veterans Affairs for personal injuries resulting from active
service in the U.S. Armed
Forces and later receive a CSRS or FERS disability annuity for disability arising from the same injuries, you cannot treat
the disability annuity
payments as tax-exempt income. They are subject to the rules described earlier under Disability Annuity.
Payment for unused annual leave.
If you retire on disability, any payment for your unused annual leave is taxed as wages in the tax year you receive
the payment.
Credit for the Elderly or the Disabled
You can take the credit for the elderly or the disabled if:
You are a qualified individual for this credit if you are a U.S. citizen or resident alien and, at the end of the tax year,
you are:
-
Age 65 or older, or
-
Under age 65, retired on permanent and total disability, and
-
Received taxable disability income, and
-
Did not reach mandatory retirement age (defined later) before the tax year.
You are retired on permanent and total disability if:
-
You were permanently and totally disabled when you retired, and
-
You retired on disability before the close of the tax year.
Even if you do not retire formally, you may be considered retired on disability when you have stopped working because of your
disability.
Permanently and totally disabled.
You are permanently and totally disabled if you cannot engage in any substantial gainful activity because of your
physical or mental condition. A
physician must certify that the condition has lasted or can be expected to last continuously for 12 months or more, or that
the condition can be
expected to result in death. See Physician's statement, next. Substantial gainful activity is the performance of significant duties over a
reasonable period of time while working for pay or profit, or in work generally done for pay or profit.
Physician's statement.
If you are under 65, you must have your physician complete a statement certifying that you were permanently and totally
disabled on the date you
retired. You must keep this statement for your tax records. For this purpose, you can use the Physician's Statement in the
instructions for either
Schedule R (Form 1040) or Schedule 3 (Form 1040A).
Mandatory retirement age.
This is the age set by your employer at which you would have had to retire if you had not become disabled. There is
no mandatory retirement age for
most federal employees. However, there is a mandatory retirement age for the following federal employees.
-
An air traffic controller appointed after May 15, 1972, by the Department of Transportation or the Department of Defense generally
must
retire by the last day of the month in which he or she reaches age 56.
-
A firefighter, law enforcement officer, nuclear materials courier, or member of the Capitol or Supreme Court Police who is
otherwise
eligible for immediate retirement generally must retire by the last day of the month in which he or she reaches age 57 or,
if later, completes 20
years of service.
Figuring the credit.
If you figure the credit yourself, fill out the front of Schedule R (if you are filing Form 1040) or Schedule 3 (if
you are filing Form 1040A).
Next, fill out Part III of the schedule.
If you want the Internal Revenue Service to figure your tax and credits, including the credit for the elderly or the
disabled, see Publication 967,
The IRS Will Figure Your Tax, and the instructions for Schedule R (Form 1040) or Schedule 3 (Form 1040A).
More information.
For detailed information about this credit, get Publication 524, Credit for the Elderly or the Disabled.
Part IV Rules for Survivors of Federal Employees
This part of the publication is for survivors of federal employees. It explains how to treat amounts you receive because of
the employee's death.
If you are the survivor of a federal retiree, see Part V.
Employee earnings.
Salary or wages earned by a federal employee but paid to the employee's survivor or beneficiary after the employee's
death are income in respect of
the decedent. This income is taxable to the survivor or beneficiary. This treatment also applies to payments for accrued annual
leave.
Dependents of public safety officers.
The Public Safety Officers' Benefits program, administered through the Bureau of Justice Assistance (BJA), provides
a tax-free death benefit to
eligible survivors of public safety officers whose death is the direct and proximate result of a traumatic injury sustained
in the line of duty. The
death benefit is not includible in the decedent's gross estate for federal estate tax purposes or the survivor's gross income
for federal income tax
purposes.
A public safety officer is a law enforcement officer, firefighter, or member of a public rescue squad or ambulance
crew. In certain circumstances,
a chaplain killed in the line of duty is also a public safety officer. The chaplain must have been responding to a fire, rescue,
or police emergency
as a member or employee of a fire or police department.
This program can pay survivors an emergency interim benefit of up to $3,000 if it finds that the death of the public
safety officer is one for
which a final benefit will probably be paid. If there is no final payment, the recipient of the interim benefit is liable
for repayment. However, the
BJA may not require all or part of the repayment if it will cause a hardship. If that happens, that amount is tax free.
For more information on this program, you may contact the BJA by calling 1-888-744-6513, or 202-307-0635 if you are in the
metropolitan Washington,
D.C., calling area.
Additional information about this program is also available on the Internet at
www.ojp.usdoj.gov/BJA.
You may be entitled to a special FERS death benefit if you were the spouse of an active FERS employee who died after at least
18 months of federal
service. At your option, you can take the benefit in the form of a single payment or in the form of a special annuity payable
over a 3-year period.
The tax treatment of the special death benefit depends on the option you choose and whether a FERS survivor annuity is also
paid.
If you choose the single payment option, use the following rules.
-
If a FERS survivor annuity is not paid, at least part of the special death benefit is tax free. The tax-free part is an amount
equal to the
employee's FERS contributions.
-
If a FERS survivor annuity is also paid, all of the special death benefit is taxable. You cannot allocate any of the employee's
FERS
contributions to the special death benefit.
If you choose the 3-year annuity option, at least part of each monthly payment is tax free. Use the following rules.
-
If a FERS survivor annuity is not paid, the tax-free part of each monthly payment is an amount equal to the employee's FERS
contributions
divided by 36.
-
If a FERS survivor annuity is also paid, allocate the employee's FERS contributions between the 3-year annuity and the survivor
annuity.
Make the allocation in the same proportion that the expected return from each annuity bears to the total expected return from
both annuities. Divide
the amount allocated to the 3-year annuity by 36. The result is the tax-free part of each monthly payment of the 3-year annuity.
CSRS or FERS Survivor Annuity
If you receive a CSRS or FERS survivor annuity, you can recover the employee's cost tax free. The employee's cost is the total
of the retirement
plan contributions that were taken out of his or her pay.
How you figure the tax-free recovery of the cost depends on your annuity starting date. This is the day after the date of
the employee's death. The
methods to use are the same as those described near the beginning of Part II under Recovering your cost tax free.
The following discussions cover only the Simplified Method. You can use this method if your annuity starting date is after
July 1, 1986. You must
use this method if your annuity starting date is after November 18, 1996. Under the Simplified Method, each of your monthly
annuity payments is made
up of two parts: the tax-free part that is a return of the employee's cost and the taxable part that is the amount of each
payment that is more than
the part that represents the employee's cost. The tax-free part remains the same, even if your annuity is increased. However,
see Exclusion
limit, later.
Surviving spouse with no children receiving annuities.
Under the Simplified Method, you figure the tax-free part of each full monthly annuity payment by dividing the employee's
cost by a number of
months based on your age. This number will differ depending on whether your annuity starting date is before November 19, 1996,
or after November 18,
1996. To use the Simplified Method, complete Worksheet A. Specific instructions for Worksheet A are given in Part II under
Simplified
Method.
Example.
Diane Green, age 48, began receiving a $1,500 monthly CSRS annuity in March 2006 upon the death of her husband. Her husband
was a federal employee
when he died. She received 10 payments in 2006. Her husband had contributed $36,000 to the retirement plan.
Diane must use the Simplified Method. Her completed Worksheet A is shown on the next page. To complete line 3, she used Table
1 at the bottom of
the worksheet and found that 360 is the number in the last column opposite the age range that includes her age. Diane keeps
a copy of the completed
worksheet for her records. It will help her figure her taxable annuity in later years.
Worksheet A. Simplified Method for Diane Green See the instructions in Part II of this publication under Simplified Method.
1. |
Enter the total pension or annuity payments received this year. Also, add this amount to the total for
Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a
|
1. |
$ 15,000
|
2. |
Enter your cost in the plan at the annuity starting date, plus any death benefit exclusion
* |
2. |
36,000
|
|
Note: 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. Otherwise, go
to line 3. |
|
|
3. |
Enter the appropriate number from Table 1 below. 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. |
360
|
4. |
Divide line 2 by line 3
|
4. |
100
|
5. |
Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting
date was before 1987, skip lines 6 and 7 and enter this amount on line 8. Otherwise, go to line 6
|
5. |
1,000
|
6. |
Enter any amounts previously recovered tax free in years after 1986. This is the amount shown on line 10
of your worksheet for last year
|
6. |
0
|
7. |
Subtract line 6 from line 2
|
7. |
36,000
|
8. |
Enter the smaller of line 5 or line 7
|
8. |
1,000
|
9. |
Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero.
Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. If you are a nonresident alien, also
enter this amount on line 1
of Worksheet C. If your Form CSA 1099R or Form CSF 1099R shows a larger amount, use the amount on this line instead
|
9. |
$14,000
|
10. |
Was your annuity starting date before 1987?
Yes.STOP. Do not complete the rest of this worksheet.
No. Add lines 6 and 8. This is the amount you have recovered tax free through 2006. You will need this
number if you need to fill out this worksheet next year
|
10. |
1,000
|
11. |
Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you will not
have to complete this worksheet next year. The payments you receive next year will be fully taxable
|
11. |
$35,000
|
Table 1 for Line 3 Above
|
|
IF your age on your
annuity starting date was |
|
AND your annuity starting date was— |
|
|
before November 19, 1996,
THEN enter on line 3 |
after November 18, 1996,
THEN enter on line 3 |
|
55 or under
|
300
|
360
|
|
56-60
|
260
|
310
|
|
61-65
|
240
|
260
|
|
66-70
|
170
|
210
|
|
71 or over
|
120
|
160
|
Table 2 for Line 3 Above
|
|
IF the annuitants' combined ages on your annuity starting date were |
|
THEN enter on line 3 |
|
|
|
|
110 or under
|
|
410
|
|
|
|
|
111-120
|
|
360
|
|
|
|
|
121-130
|
|
310
|
|
|
|
|
131-140
|
|
260
|
|
|
|
|
141 or over
|
|
210
|
|
|
|
* A death benefit exclusion up to $5,000 applied to certain benefits received by survivors of employees who died before August
21, 1996.
Diane's tax-free monthly amount is $100 (line 4 of her worksheet). If she lives to collect more than 360 payments, the payments
after the 360th
will be fully taxable. If she dies before 360 payments have been made, a miscellaneous itemized deduction (not subject to
the 2%-of
adjusted-gross-income limit) will be allowed for the unrecovered cost on her final income tax return.
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 employee's children, an
additional step is needed under the Simplified Method to allocate the monthly exclusion among the beneficiaries correctly.
Figure the total monthly exclusion for all beneficiaries by completing lines 2 through 4 of Worksheet A as if only
the surviving spouse received an
annuity. Then, to figure the monthly exclusion for each beneficiary, multiply line 4 of the worksheet by a fraction. For any
beneficiary, the
numerator of the fraction is that beneficiary's monthly annuity and the denominator is the total of the monthly annuity payments
to all the
beneficiaries.
The ending of a child's temporary annuity does not affect the total monthly exclusion figured under the Simplified
Method. The total exclusion
merely needs to be reallocated at that time among the remaining beneficiaries. If only the surviving spouse is left drawing
an annuity, the surviving
spouse is entitled to the entire monthly exclusion as figured in the worksheet.
Example.
The facts are the same as in the example for Diane Green in the preceding discussion except that the Greens had a son, Robert,
who was age 15 at
the time of his father's death. Robert is entitled to a $500 per month temporary annuity until he reaches age 18 (age 22,
if he remains a full-time
student and does not marry).
In completing Worksheet A (not shown), Diane fills out the entries through line 4 exactly as shown in the filled-in worksheet
for the earlier
example. That is, she includes on line 1 only the amount of the annuity she herself received and she uses on line 3 the 360
factor for her age. After
arriving at the $100 monthly exclusion on line 4, however, Diane allocates it between her own annuity and that of her son.
To find how much of the monthly exclusion to allocate to her own annuity, Diane multiplies the $100 monthly exclusion by the
fraction $1,500 (her
monthly annuity) over $2,000 (the total of her $1,500 and Robert's $500 annuities). She enters the result, $75, just below
the entry space for line 4.
She completes the worksheet by entering $750 on lines 5 and 8 and $14,250 on line 9.
A second Worksheet A (not shown) is completed for Robert's annuity. On line 1, he enters $5,000 as the total annuity received.
Lines 2, 3, and 4
are the same as those on his mother's worksheet. In allocating the $100 monthly exclusion on line 4 to his annuity, Robert
multiplies it by the
fraction $500 over $2,000. His resulting monthly exclusion is $25. His exclusion for the year (line 8) is $250 and his taxable
annuity for the year
(line 9) is $4,750.
Diane and Robert only need to complete lines 10 and 11 on a single worksheet to keep track of their unrecovered cost for next
year. These lines are
exactly as shown in the filled-in Worksheet A for the earlier example.
When Robert's temporary annuity ends, the computation of the total monthly exclusion will not change. The only difference
will be that Diane will
then claim the full exclusion against her annuity alone.
Surviving child only.
A method similar to the Simplified Method also can be used to figure the taxable and nontaxable parts of a temporary
annuity for a surviving child
when there is no surviving spouse annuity. To use this method, divide the deceased employee's cost by the number of months
from the child's annuity
starting date until the date the child will reach age 22. The result is the monthly exclusion. (However, the monthly exclusion
cannot be more than the
monthly annuity payment. You can carry over unused exclusion amounts to apply against future annuity payments.)
More than one child.
If there is more than one child entitled to a temporary annuity (and no surviving spouse annuity), divide the cost
by the number of months of
payments until the date the youngest child will reach age 22. This monthly exclusion must then be allocated among the children
in proportion to their
monthly annuity payments, like the exclusion shown in the previous example.
Disabled child.
If a child otherwise entitled to a temporary annuity was permanently disabled at the annuity starting date (and there
is no surviving spouse
annuity), that child is treated for tax purposes as receiving a lifetime annuity, like a surviving spouse. The child must
complete line 3 of Worksheet
A using a number in Table 1 at the bottom of the worksheet corresponding to the child's age at the annuity starting date.
If more than one child is
entitled to a temporary annuity, an allocation like the one shown under Surviving spouse with child, earlier, must be made to determine
each child's share of the exclusion.
Exclusion limit.
If your annuity starting date is after 1986, the most that can be recovered tax free is the cost of the annuity. Once
the total of your exclusions
equals the cost, your entire annuity is taxable. If your annuity starting date is before 1987, the tax-free part of each whole
monthly payment remains
the same each year you receive payments—even if you outlive the number of months used on line 3 of the Simplified Method Worksheet.
The total
exclusion may be more than the cost of the annuity.
Deduction of unrecovered cost.
If the annuity starting date is after July 1, 1986, and the 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.
Survivors of Slain Public Safety Officers
Generally, if you receive survivor annuity payments as the spouse, former spouse, or child of a public safety officer killed
in the line of duty,
you can exclude the payments from your income. The annuity is excludable to the extent that it is due to the officer's service
as a public safety
officer. Public safety officers include law enforcement officers, firefighters, chaplains, ambulance crew members, and rescue
squad members. The
provision applies to a chaplain killed in the line of duty after September 10, 2001. The chaplain must have been responding
to a fire, rescue, or
police emergency as a member or employee of a fire or police department.
The exclusion does not apply if your actions were a substantial contributing factor to the death of the officer. It also
does not apply if:
-
The death was caused by the intentional misconduct of the officer or by the officer's intention to cause his or her own death,
-
The officer was voluntarily intoxicated at the time of death, or
-
The officer was performing his or her duties in a grossly negligent manner at the time of death.
The special death benefit paid to the spouse of a FERS employee (see FERS Death Benefit , earlier) is not eligible for this
exclusion.
Lump-Sum CSRS or FERS Payment
If a federal employee dies before retiring and leaves no one eligible for a survivor annuity, the estate or other beneficiary
will receive a
lump-sum payment from the CSRS or FERS. This single payment is made up of the regular contributions to the retirement fund
plus accrued interest, if
any, to the extent not already paid to the employee.
The beneficiary is taxed, in the year the lump sum is distributed or made available, only on the amount of any accrued interest.
Before 2007, the
taxable amount, if any, generally could not be rolled over into an IRA or other plan and was subject to federal income tax
withholding at a 10% rate.
However, after 2006, a nonspousal beneficiary may be able to roll over any taxable amount. See Rollovers by nonspouse beneficiary under
Rollover Rules in Part II for details. In addition, the payment may qualify as a lump-sum distribution eligible for capital gain treatment
or the 10-year tax option if the plan participant was born before January 2, 1936. 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.
Lump-sum payment at end of survivor annuity.
If an annuity is paid to the federal employee's survivor and the survivor annuity ends before an amount equal to the
deceased employee's
contributions plus any interest has been paid out, the rest of the contributions plus any interest will be paid in a lump
sum to the employee's estate
or other beneficiary. Generally, this beneficiary will not have to include any of the lump sum in gross income because, when
it is added to the amount
of the annuity previously received that was excludable, it still will be less than the employee's total contributions.
Any unrecovered cost is allowed as a miscellaneous itemized deduction on the final return of the annuitant. This deduction
is not subject to the
2%-of-adjusted- gross-income limit.
To figure the taxable amount, if any, use the following worksheet.
Worksheet D. Lump-Sum Payment at End of Survivor Annuity
1. |
Enter the lump-sum payment
|
1. |
|
2. |
Enter the amount of annuity previously received tax free
|
2. |
|
3. |
Add lines 1 and 2
|
3. |
|
4. |
Enter the employee's total cost
|
4. |
|
5. |
Taxable amount. Subtract line 4 from line 3. Enter the result, but not less than zero
|
5. |
|
Before 2007, the taxable amount, if any, generally could not be rolled over into an IRA or other plan and was subject
to federal income tax
withholding at a 10% rate. However, after 2006, a nonspousal beneficiary may be able to roll over any taxable amount. See
Rollovers by nonspouse
beneficiary under Rollover Rules in Part II for details. In addition, the payment may qualify as a lump-sum distribution eligible for
capital gain treatment or the 10-year tax option if the plan participant was born before January 2, 1936. 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.
Example.
At the time of your brother's death in December 2005, he was employed by the Federal Government and had contributed $45,000
to the CSRS. His widow
received $6,600 in survivor annuity payments before she died in 2006. She had used the Simplified Method for reporting her
annuity and properly
excluded $1,000 from gross income.
Only $6,600 of the guaranteed amount of $45,000 (your brother's contributions) was paid as an annuity, so the balance of $38,400
was paid to you in
a lump sum as your brother's sole beneficiary. You figure the taxable amount of this payment as follows.
Worksheet D. Lump-Sum Payment at End of Survivor Annuity — Example
1. |
Enter the lump-sum payment
|
1. |
$38,400
|
2. |
Enter the amount of annuity previously received tax free
|
2. |
1,000
|
3. |
Add lines 1 and 2
|
3. |
39,400
|
4. |
Enter the employee's total cost
|
4. |
45,000
|
5. |
Taxable amount. Subtract line 4 from line 3. Enter the result, but not less than zero
|
5. |
0
|
Voluntary contributions.
If a CSRS employee dies before retiring from government service, any voluntary contributions to the retirement fund
cannot be used to provide an
additional annuity to the survivors. Instead, the voluntary contributions plus any accrued interest will be paid in a lump
sum to the estate or other
beneficiary. The beneficiary generally must include any interest received in income for the year distributed or made available.
However, if the
beneficiary is the employee's surviving spouse (or someone other than the employee's spouse after 2006), the interest may
be rolled over. See
Rollovers by surviving spouse and Rollovers by nonspouse beneficiary under Rollover Rules in Part II.
The interest, if not rolled over, generally is subject to federal income tax withholding at a 20% rate (or 10% rate
if the beneficiary is not the
employee's surviving spouse). It may qualify as a lump-sum distribution eligible for capital gain treatment or the 10-year
tax option if:
-
The plan participant was born before January 2, 1936,
-
Regular annuity benefits cannot be paid under the retirement system, and
-
The beneficiary also receives a lump-sum payment of the regular contributions plus interest within the same tax year as the
voluntary
contributions.
For more information, see Lump-Sum Distributions in Publication 575.
The payment you receive as the beneficiary of a decedent's Thrift Savings Plan (TSP) account is fully taxable. However, if
you are the decedent's
surviving spouse (or someone other than the employee's spouse after 2006), you generally may be able to roll over the payment
tax free. If you do not
choose a direct rollover of the decedent's TSP account, mandatory 20% income tax withholding will apply. For more information,
see Rollover Rules
in Part II. If you are not the surviving spouse, a payment you received before 2007 was not eligible for rollover treatment.
The TSP withheld
10% of the payment for federal income tax, unless you gave the TSP a Form W-4P to choose not to have tax withheld.
If the entire TSP account balance is paid to the beneficiaries in the same calendar year, it may qualify as a lump-sum distribution
eligible for
the 10-year tax option if the plan participant was born before January 2, 1936. See Lump-Sum Distributions in Publication 575 for details.
Also, see Important Tax Information About Thrift Savings Plan Death Benefit Payments, which is available from the TSP.
The above TSP document is also available on the Internet at
www.tsp.gov. Select “Forms & Publications.”
If you receive a payment from a uniformed services TSP account that includes contributions from combat zone pay, see Uniformed
services Thrift
Savings Plan (TSP) accounts , under Reminders .
Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, must be filed for the estate of a citizen or
resident alien of the
United States who died in 2006 if the gross estate is more than $2,000,000. Included in this $2,000,000 are any adjusted taxable
gifts made by the
decedent after 1976 and the specific exemption allowed for gifts by the decedent after September 8, 1976, and before 1977.
The gross estate generally includes the value of all property beneficially owned by the decedent at the time of death. Examples
of property
included in the gross estate are salary or annuity payments that had accrued to an employee or retiree, but which were not
paid before death, and the
balance in the decedent's TSP account.
The gross estate also usually includes the value of the death and survivor benefits payable under the CSRS or the FERS. If
the federal employee
died leaving no one eligible to receive a survivor annuity, the lump sum (representing the employee's contribution to the
retirement system plus any
accrued interest) payable to the estate or other beneficiary is included in the employee's gross estate.
Marital deduction.
The estate tax marital deduction is a deduction from the gross estate of the value of property that is included in
the gross estate but that
passes, or has passed, to the surviving spouse. Generally, there is no limit on the amount of the marital deduction. Community
property passing to the
surviving spouse qualifies for the marital deduction.
More information.
For more information, get Publication 950, Introduction to Estate and Gift Taxes, and Publication 559, Survivors,
Executors, and Administrators.
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. If
you are the survivor of a federal employee, see Part IV.
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 survivor of a federal retiree are fully or 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, 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, figure the tax-free part of the annuity using 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
(Worksheet A, line 4). 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 2004 and began receiving a $1,147 per month CSRS retirement annuity with a survivor annuity payable to his
wife, Kate, upon his
death. He reported 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 2006. 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.
To find how much of the monthly exclusion to allocate to her own annuity, Kate multiplies the $150 tax-free monthly amount
by the fraction $840
(her monthly annuity) over $1,500 (the total of her $840, Sam's $330, and Lou's $330 monthly annuities). Her resulting monthly
exclusion is $84. In
allocating the $150 monthly exclusion to each child's annuity, the $150 is multiplied by the fraction $330 (each child's monthly
annuity) over $1,500.
Each child's resulting monthly exclusion is $33.
Beginning with the month in which either child is no longer eligible for an annuity, Kate will reallocate the $150 monthly
exclusion to her own
annuity by multiplying the $150 by the fraction $840 over $1,170 (the total of her $840 and her other child's $330 monthly
annuities). Her resulting
monthly exclusion is $108. In reallocating the $150 monthly exclusion to the other child's annuity, the $150 is multiplied
by the fraction $330 over
$1,170. The other child's resulting monthly exclusion is $42.
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, and the deceased retiree's annuity ends before
an amount equal to
the deceased retiree's contributions plus any interest has been paid out, the rest of the contributions plus any interest
will be paid in a lump sum
to the estate or other beneficiary. The estate or other beneficiary rarely will have to include any part of the lump sum in
gross income. The taxable
amount is figured as follows.
Worksheet E. Lump-Sum Payment at End of Retiree's Annuity (With No Survivor Annuity)
1. |
Enter the lump-sum payment
|
1. |
|
2. |
Enter the amount of annuity received tax free by the retiree
|
2. |
|
3. |
Add lines 1 and 2
|
3. |
|
4. |
Enter the total cost
|
4. |
|
5. |
Taxable amount. Subtract line 4 from line 3. Enter the result, but not less than zero
|
5. |
|
Before 2007, the taxable amount, if any, generally could not be rolled over into an IRA or other plan and was subject to federal
income tax
withholding at a 10% rate. However, after 2006, a nonspousal beneficiary may be able to roll over any taxable amount. See
Rollovers by nonspouse
beneficiary under Rollover Rules in Part II for details. In addition, the payment may qualify as a lump-sum distribution eligible for
capital gain treatment or the 10-year tax option if the plan participant was born before January 2, 1936. 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.
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 a Form CSF 1099R that will show how much of your total annuity received
in the past year was
from each type of benefit.
Figure the taxable and tax-free parts of your additional survivor annuity benefit from voluntary contributions using the same
rules that apply to
regular CSRS and FERS survivor annuities, as explained earlier under CSRS or FERS Survivor Annuity.
Lump-sum payment.
Figure the taxable amount, if any, of a lump-sum payment of the retiree's unrecovered voluntary contributions plus
any interest using the rules
that apply to regular lump-sum CSRS or FERS payments, as explained earlier under Lump-Sum CSRS or FERS Payment.
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 (or someone other than the employee's spouse after 2006), you generally may be able to roll over the otherwise
taxable payment tax
free. If you do not choose a direct rollover of the TSP account, mandatory 20% federal income tax withholding will apply.
For more information, see
Rollover Rules in Part II, earlier. If you are not the surviving spouse, a payment you received before 2007 was not eligible for rollover
treatment. The TSP withheld 10% of the payment for federal income tax, unless you gave 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.
If you receive a payment from a uniformed services TSP account that includes contributions from combat zone pay, see Uniformed
services Thrift
Savings Plan (TSP) accounts , under Reminders .
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 the federal estate tax was paid on the decedent's estate and you are required to include income in respect of a decedent
in your gross income
for any tax year, you can deduct the portion of the federal estate tax 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.
For more information, see Income in Respect of a Decedent in Publication 559.
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from
the IRS in several
ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
Contacting your Taxpayer Advocate.
The Taxpayer Advocate Service is an independent organization within the IRS whose employees assist taxpayers who are
experiencing economic harm,
who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an
IRS system or procedure is
not working as it should.
You can contact the Taxpayer Advocate Service by calling toll-free 1-877-777-4778 or TTY/TDD 1-800-829-4059 to see
if you are eligible for
assistance. You can also call or write to your local taxpayer advocate, whose phone number and address are listed in your
local telephone directory
and in Publication 1546, The Taxpayer Advocate Service of the IRS - How To Get Help With Unresolved Tax Problems. You can
file Form 911, Application
for Taxpayer Assistance Order, or ask an IRS employee to complete it on your behalf. For more information, go to
www.irs.gov/advocate.
Low income tax clinics (LITCs).
LITCs are independent organizations that provide low income taxpayers with representation in federal tax controversies
with the IRS for free or for
a nominal charge. The clinics also provide tax education and outreach for taxpayers with limited English proficiency or who
speak English as a second
language. Publication 4134, Low Income Taxpayer Clinic List, provides information on clinics in your area. It is available
at
www.irs.gov or at your local IRS office.
Free tax services.
To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. It contains a list of
free tax publications and
describes other free tax information services, including tax education and assistance programs and a list of TeleTax topics.
Internet. You can access the IRS website at
www.irs.gov 24 hours a day, 7 days a week to:
-
E-file your return. Find out about commercial tax preparation and e-file services available free to eligible
taxpayers.
-
Check the status of your 2006 refund. Click on Where's My Refund. Wait at least 6 weeks from the date you filed your return (3
weeks if you filed electronically). Have your 2006 tax return available because you will need to know your social security
number, your filing status,
and the exact whole dollar amount of your refund.
-
Download forms, instructions, and publications.
-
Order IRS products online.
-
Research your tax questions online.
-
Search publications online by topic or keyword.
-
View Internal Revenue Bulletins (IRBs) published in the last few years.
-
Figure your withholding allowances using our withholding calculator.
-
Sign up to receive local and national tax news by email.
-
Get information on starting and operating a small business.
Phone. Many services are available by phone.
-
Ordering forms, instructions, and publications. Call 1-800-829-3676 to order current-year forms, instructions, and publications,
and prior-year forms and instructions. You should receive your order within 10 days.
-
Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
-
Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An
employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local
Taxpayer Assistance Center
for an appointment. To find the number, go to
www.irs.gov/localcontacts or
look in the phone book under United States Government, Internal Revenue Service.
-
TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and
publications.
-
TeleTax topics. Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics.
-
Refund information. To check the status of your 2006 refund, call 1-800-829-4477 and press 1 for automated refund information or
call 1-800-829-1954. Be sure to wait at least 6 weeks from the date you filed your return (3 weeks if you filed electronically).
Have your 2006 tax
return available because you will need to know your social security number, your filing status, and the exact whole dollar
amount of your refund.
Evaluating the quality of our telephone services. To ensure IRS representatives give accurate, courteous, and professional answers, we
use several methods to evaluate the quality of our telephone services. One method is for a second IRS representative to listen
in on or record random
telephone calls. Another is to ask some callers to complete a short survey at the end of the call.
Walk-in. Many products and services are available on a walk-in basis.
-
Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and
publications. Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions,
and office supply stores
have a collection of products available to print from a CD or photocopy from reproducible proofs. Also, some IRS offices and
libraries have the
Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
-
Services. You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. An
employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. If you need
to resolve a tax problem,
have questions about how the tax law applies to your individual tax return, or you're more comfortable talking with someone
in person, visit your
local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. No
appointment is necessary,
but if you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue.
A representative will
call you back within 2 business days to schedule an in-person appointment at your convenience. To find the number, go to
www.irs.gov/localcontacts or
look in the phone book under United States Government, Internal Revenue Service.
Mail. You can send your order for forms, instructions, and publications to the address below. You should receive a response within
10
business days after your request is received.
National Distribution Center
P.O. Box 8903
Bloomington, IL 61702-8903
CD for tax products. You can order Publication 1796, IRS Tax Products CD, and obtain:
-
A CD that is released twice so you have the latest products. The first release ships in January and the final release ships
in
March.
-
Current-year forms, instructions, and publications.
-
Prior-year forms, instructions, and publications.
-
Bonus: Historical Tax Products DVD - Ships with the final release.
-
Tax Map: an electronic research tool and finding aid.
-
Tax law frequently asked questions.
-
Tax Topics from the IRS telephone response system.
-
Fill-in, print, and save features for most tax forms.
-
Internal Revenue Bulletins.
-
Toll-free and email technical support.
Buy the CD from National Technical Information Service (NTIS) at
www.irs.gov/cdorders for $25 (no handling fee) or call 1-877-CDFORMS (1-877-233-6767) toll free to buy the CD for $25 (plus a $5 handling
fee). Price is subject to change.
CD for small businesses. Publication 3207, The Small Business Resource Guide CD for 2006, is a must for every small business owner or
any taxpayer about to start a business. This year's CD includes:
-
Helpful information, such as how to prepare a business plan, find financing for your business, and much more.
-
All the business tax forms, instructions, and publications needed to successfully manage a business.
-
Tax law changes for 2006.
-
Tax Map: an electronic research tool and finding aid.
-
Web links to various government agencies, business associations, and IRS organizations.
-
“Rate the Product” survey—your opportunity to suggest changes for future editions.
-
A site map of the CD to help you navigate the pages of the CD with ease.
-
An interactive “Teens in Biz” module that gives practical tips for teens about starting their own business, creating a business plan,
and filing taxes.
An updated version of this CD is available each year in early April. You can get a free copy by calling 1-800-829-3676 or
by visiting
www.irs.gov/smallbiz.
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