Tax Facts

614 / How is an employee taxed on periodic retirement benefits under a qualified pension, annuity, or profit sharing plan if the annuity starting date is after November 18, 1996 and before January 1, 1998?

If an employee, whether a regular employee or a self-employed individual, has no cost basis for his or her interest in a plan, the full amount of each payment is taxable to the employee as ordinary income.1 If an employee has a cost basis for his or her interest in a plan, the payments are taxed as discussed below, and depend on the employee’s annuity starting date. To determine an employee’s cost basis, see Q 3968.

The tax treatment is the same whether payment is made directly from a qualified trust or annuity plan or whether a trust buys an annuity and distributes it to an employee.2 Distribution of an annuity contract itself affects the tax on lump sum distributions ( Q 140). If an employee has a cost basis for his or her interest, payments are taxed as discussed below, depending on the annuity starting date.

If an employee had a cost basis for his or her interest, and the annuity starting date was after November 18, 1996 and before January 1, 1998 (or if the annuity is payable over one life and has a starting date after December 31, 1997, as described above), the investment in the contract was recovered according to the schedule below. For purposes of this rule, the employee’s investment in the contract did not include any adjustment for a refund feature under the contract.3

The excludable portion of each monthly payment was determined by dividing the employee’s investment in the contract by the number of anticipated payments contained in the following table:4

Age Number of Payments
55 and under 360
56 – 60 310
61 – 65 260
66 – 70 210
71+ 160
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