If the amount distributed during the taxable year of the payee under any qualified retirement plan or any eligible deferred compensation plan (as defined in section
457(b)) is less than the minimum required distribution for such taxable year, there is hereby imposed a tax equal to 50 percent of the amount by which such minimum required distribution exceeds the actual amount distributed during the taxable year. The tax imposed by this section shall be paid by the payee.
(b) Minimum required distribution
For purposes of this section, the term “minimum required distribution” means the minimum amount required to be distributed during a taxable year under section
457(d)(2), as the case may be, as determined under regulations prescribed by the Secretary.
(c) Qualified retirement plan
For purposes of this section, the term “qualified retirement plan” means—
(1)a plan described in section
401(a) which includes a trust exempt from tax under section
1986—Pub. L. 99–514, § 1121(a)(1), amended section generally, substituting provisions imposing an excise tax on certain accumulations in qualified retirement plans for provisions imposing an excise tax on certain accumulations in individual retirement accounts and annuities.
1976—Subsec. (b). Pub. L. 94–455struck out “or his delegate” after “Secretary”.
Effective Date of 1986 Amendment
Amendment by section 1121(a)(1) ofPub. L. 99–514applicable to years beginning after Dec. 31, 1988, with special provisions for plans maintained pursuant to collective bargaining agreements ratified before Mar. 1, 1986, and transition rules, see section 1121(d) ofPub. L. 99–514, set out as a note under section
401 of this title.
Amendment by section 1852(a)(7)(B), (C) ofPub. L. 99–514effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 ofPub. L. 99–514, set out as a note under section
48 of this title.
Effective Date of 1978 Amendment
Pub. L. 95–600, title I, § 157(i)(2),Nov. 6, 1978, 92 Stat. 2809, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to taxable years beginning after December 31, 1975.”
Section effective Jan. 1, 1975, see section 2002(i)(2) ofPub. L. 93–406, set out as an Effective Date note under section
4973 of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 ofPub. L. 99–514, as amended, set out as a note under section
401 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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