Brief Case

Treas. Reg. § 54.4974-1

Excise tax on accumulations in qualified retirement plans.
eCFR editorial change effective 2016-12-30 · superseded Jul 19, 2024 · last amended by T.D. 7714, 45 FR 52799, Aug. 8, 1980
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Historical text in effect Apr 1, 1997 through Jul 18, 2024. View current · Compare with current
(a) General rule. A tax equal to 50 percent of the amount by which the minimum amount required to be distributed from an individual retirement account or annuity described in section 408 during the taxable year of the payee under paragraph (b) of this section exceeds the amount actually distributed during the taxable year is imposed by section 4974 on the payee.
(b) Minimum amount required to be distributed. For purposes of this section, the minimum amount required to be distributed is the amount required under § 1.408-2(b)(6)(v) to be distributed in the taxable year described in paragraph (a) of this section.
(c) Examples. The application of this section may be illustrated by the following examples.
Example 1.

In 1975, the minimum amount required to be distributed under § 1.408-2(b)(6)(v) to A under his individual retirement account is $100. Only $60 is actually distributed to A in 1975. Under section 4974, A would have an excise tax liability of $20 [50% of ($100−$60)].

Example 2.

Although no distribution is required under § 1.408-2(b)(6)(v) to be made in 1986, H, a married individual born on February 1, 1921, who has established and maintained an individual retirement account decides to begin receiving distributions from the account beginning in 1986. H's wife, W, was born on March 6, 1921. H and W are calendar year taxpayers. H decides to receive his interest in the account over the joint life and last survivor expectancy of himself and his wife. On January 1, 1986, the balance in H's account is $10,000; H and W, based on their nearest birthdates, are 65; and the joint life and last survivor expectancy of H and his wife is 22.0 years (see Table II of § 1.72-9). His annual payments during the following years (none of which were required) were determined by dividing the balance in the account on the first day of each year by the joint life and last survivor expectancy reduced by the number of whole years elapsed since the distributions were to commence.

Date Life expectancy minus whole years elapsed Account balance at beginning of each year Annual payment
Jan. 1, 1986 22.0 $10,000 $455
Jan. 1, 1987 21.0 10,118 482
Jan. 1, 1988 20.0 10,214 511
Jan. 1, 1989 19.0 10,285 541
Jan. 1, 1990 18.0 10,329 574
Jan. 1, 1991 17.0 10,340 608

For 1986, 1987, 1989, and 1990, the amount required to be distributed under § 1.408-2(b)(6)(v) is zero. Thus, H would have no excise tax liability under section 4974 for these years. In 1991, the year H attains age 70 1/2, the amount required to be distributed from the account under § 1.408-2(b)(6)(v) is $565, determined by dividing $10,340 (the account balance as of January 1, 1991) by 18.8 years (the joint life and last survivor expectancy of H and W, assuming they are both still living, as of January 1, 1991). If W should die after December 31, 1990, the joint life and last survivor expectancy determined on January 1, 1991 (18.3 years) would not be redetermined. Because the amount distributed from the account in 1991 ($608) exceeds the amount required to be distributed from the account in 1991 ($565), H has no excise tax liability under section 4974 for 1991.

Example 3.

Assume the same facts as in example (2) except that W dies in 1988. For 1988, 1989, and 1990, the amount required to be distributed under § 1.408-2(b)(6)(v) is zero. Thus, H would have no excise tax liability under section 4974 for these years. In 1991, the amount required to be distributed under § 1.408-2(b)(6)(v) is $855, determined by dividing $10,340 (the account balance as of January 1, 1991) by 12.1 years (the life expectancy of H as of January 1, 1991). Because the amount distributed from the account in 1991 ($608) is less than the amount required to be distributed from the account in 1991 ($855), H has an excise tax liability of $123.50 under section 4974 for 1991 [50% of ($855−$608)].

Source credit, amendments & notes

[T.D. 7714, 45 FR 52799, Aug. 8, 1980]

Treas. Reg. § 54.4974-1 — Excise tax on accumulations in qualified retirement plans. · eCFR editorial change effective 2016-12-30 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr26-54.4974-1&asof=2003-02-20 · printed Oct 16, 2026
On this page
  • (a) General rule.
  • (b) Minimum amount required to be distributed.
  • (c) Examples.
Implements
I.R.C. § 4974 Excise tax on certain accumulations in qualified retirement plans
Guidance addressing this section

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Also cited in 4 other documents
IRS / Treasury
Treasury Decisions
  • T.D. 10001 Aug 12, 2024 — These regulations provide guidance related to section 401 of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), enacted on Dec…
Proposed Rules
  • 89 FR 58644Proposed Jul 19, 2024 — Required Minimum Distributions+ Comments due Sep 17, 2024 (a)(2)(g)(3)(iii)
  • 87 FR 10504Proposed Feb 24, 2022 — Required Minimum Distributions Comments due May 25, 2022
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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Apr 1, 1997Jul 18, 2024eCFR editorial change effective 2016-12-30 run 6T.D. 7714, 45 FR 52799, Aug. 8, 1980View
Jul 19, 2024Sep 16, 2024eCFR amendment effective 2024-07-19 run 6T.D. 7714, 45 FR 52799, Aug. 8, 1980View · Redline (sign in)
Sep 17, 2024currenteCFR amendment effective 2024-09-17 run 2T.D. 10001, 89 FR 58951, July 19, 2024View · Redline (sign in)
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