72(t) Distribution Rules: Avoid Costly SEPP Mistakes
Essential rules for 72(t) SEPP distributions. Learn what triggers the penalty and how to protect your early retirement plan.
Key Takeaways
- 1SEPP must continue for 5 years OR until age 59½ (whichever is later)
- 2Modifying payments "busts" your SEPP and triggers retroactive penalty
- 3Cannot add to or transfer from SEPP IRA
- 4One-time switch from Amortization/Annuitization to RMD allowed
- 5Death or permanent disability allows penalty-free stop
- 6Keep detailed documentation of all calculations
- 7Consider separate IRA for SEPP to protect other assets
The Duration Rule
You must continue SEPP distributions for the longer of 5 years or until you reach age 59½.
| Start Age | 5 Years Later | Age 59½ | Must Continue Until |
|---|---|---|---|
| 50 | 55 | 59.5 | 59½ (9.5 years) |
| 52 | 57 | 59.5 | 59½ (7.5 years) |
| 55 | 60 | 59.5 | Age 60 (5 years) |
| 57 | 62 | 59.5 | Age 62 (5 years) |
Both Tests Must Pass
Don't stop at age 59½ if you haven't completed 5 years. Don't stop at 5 years if you haven't reached 59½. You need BOTH.
The No-Modification Rule
Once you start SEPP, you cannot modify the payment amount (with one exception).
- **No increases**: Can't take more than calculated amount
- **No decreases**: Can't take less than calculated amount
- **One exception**: Can switch to RMD method once
- **RMD is permanent**: Can't switch back after choosing RMD
- **Timing matters**: Must take annual distribution (but can vary timing within year)
SEPP Account Rules
Strict rules govern what you can and cannot do with a SEPP IRA.
- **No contributions**: Don't add money to SEPP IRA
- **No transfers out**: Don't move money to another IRA
- **No rollovers in**: Don't roll money into SEPP IRA
- **Investments OK**: Can change investments within the IRA
- **Beneficiary changes OK**: Can update beneficiaries
- **Multiple IRAs**: Can have separate non-SEPP IRAs
Separate Your IRAs
Before starting SEPP, split your IRA into two accounts. Use one for SEPP, keep one separate. This protects some assets if SEPP is busted.
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What Busts a SEPP?
These actions will "bust" your SEPP and trigger retroactive penalties.
- 1Taking more than the calculated annual amount
- 2Taking less than the calculated annual amount
- 3Adding contributions to the SEPP IRA
- 4Rolling money into the SEPP IRA
- 5Transferring money out of the SEPP IRA
- 6Stopping distributions before requirement is met
The Penalty
Busting your SEPP means 10% penalty on EVERY distribution you've taken, plus interest from each distribution date. On a 7-year SEPP, this can be devastating.
Exceptions to SEPP Rules
Limited circumstances allow modification without penalty.
- **Death**: SEPP can stop without penalty upon death
- **Permanent disability**: IRS-defined disability allows modification
- **One-time RMD switch**: Can switch to RMD method once (not a rule violation)
- **Account transfer**: Direct trustee-to-trustee transfer to new custodian OK
- **After completion**: Once you've satisfied requirements, no restrictions
Protecting Your Retirement Beyond SEPP
SEPP provides early access to retirement funds, but proper planning protects your long-term security.
- Keep separate IRA(s) outside SEPP for flexibility
- Don't put all retirement savings in SEPP IRA
- Gold IRA can be separate from SEPP IRA
- Diversification provides protection if SEPP is busted
- After SEPP ends, can roll to Gold IRA freely
- Augusta Precious Metals explains IRA structuring options
Frequently Asked Questions
1What if the IRA custodian makes a mistake?
Custodian errors don't excuse rule violations. Choose a custodian experienced with SEPP and monitor your account carefully. You're responsible for compliance.
2Can I start SEPP from multiple IRAs?
Yes, you can have multiple SEPP plans from different IRAs. Each must follow its own rules independently. This can provide more income flexibility.
3What records should I keep?
Keep your calculation worksheets, the interest rate and life expectancy table used, account statements, and distribution records. Keep these for at least 7 years after SEPP ends.
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