Tax Topic 410 – Pensions and Annuities

If you receive retirement benefits in the form of pension or annuity payments from a qualified employer retirement plan, the amounts you receive may be fully taxable, or partially taxable.

Social security and equivalent railroad retirement benefits are not discussed here. For more information about these benefits, refer to Topic 423.

The pension or annuity payments that you receive are fully taxable if you have no cost in the contract because any of the following situations apply:

• You did not contribute anything or are not considered to have contributed anything for the pension or annuity
• Your employer did not withhold contributions from your salary, or
• You received all of your contributions (your basis) tax free in prior years

If you contributed after-tax dollars to your pension or annuity, your pension payments are partially taxable. You will not pay tax on the part of the payment that represents a return of the after-tax amount you paid. This amount is your cost in the plan or investment, and includes the amounts your employer contributed that were taxable to you when contributed. Partly taxable pensions are taxed under either the General Rule or the Simplified Method. For more information on the General Rule and Simplified Method refer to Topic 411. If the starting date of your pension or annuity payments is after November 18, 1996, you generally must use the Simplified Method to determine how much of your annuity payments are taxable and how much is tax free.

If you receive pension or annuity payments before age 59 1/2, you may be subject to an additional 10% tax on early distributions. The additional tax does not apply to any part of a distribution that is tax free. There are also general exceptions to the additional tax, including:

• Distributions made as a part of a series of substantially equal periodic payments from a qualified plan that begins after your separation from service
• Distributions made because you are totally and permanently disabled
• Distributions made on or after the death of the plan participant or contract holder, and
• Distributions made from a qualified retirement plan after your separation from service and in or after the year you reached age 55

For other exceptions to the tax, refer to Publication 575, Pension and Annuity Income.

If you are a survivor or beneficiary of a pension plan or annuity, refer to Publication 575 for rules on income and taxes.

The taxable part of your pension or annuity payments is generally subject to federal income tax withholding.

You may choose not to have income tax withheld from your pension or annuity payments (unless they are eligible rollover distributions) or want to specify how tax is withheld. If so, provide the payer Form W-4P (PDF), Withholding Certificate for Pension or Annuity Payments, or a similar form provided by the payer. Withholding from periodic payments of a pension or annuity is generally figured the same way as for salaries and wages. If you do not submit the withholding certificate, the payer must withhold tax as if you were married and claiming three withholding allowances. If you do not provide the payer with your correct social security number, tax will be withheld as if you were single and claiming no withholding allowances.

If you pay your taxes through withholdings and not enough is withheld, you may also need to make estimated tax payments to ensure your taxes are not underpaid. For more information on increasing our withholdings, making estimated tax payments, and the consequences of not withholding the proper amount of tax, refer to Publication 505, Tax Withholding and Estimated Tax.

Special rules apply to certain non-periodic payments from qualified retirement plans. For information on the special tax treatment of lump-sum distributions, refer to Topic 412. If an eligible rollover distribution is paid to you, the payer must withhold 20% of it, unless you choose the direct rollover option. For more information refer to Topic 413.

Tax Tips for Self-employed Individuals

Self employed individuals in the trades or professions will greatly benefit from the following six Tax Tips for Self-employed Individuals.

IRS Tax Tip 2011-16, January 24, 2011

If you are in business for yourself, or carry on a trade or business as a sole proprietor or an independent contractor, you generally would consider yourself self-employed and you would file IRS Schedule C, Profit or Loss From Business or Schedule C-EZ, Net Profit From Business with your Form 1040.

Here are six things the IRS wants you to know about self-employment:

1. Self-employment can include work in addition to your regular full-time business activities, such as part-time work you do at home or in addition to your regular job.
2. If you are self-employed you generally have to pay Self-employment Tax. Self-employment tax is a social security and Medicare tax primarily for individuals who work for themselves. It is similar to the social security and Medicare taxes withheld from the pay of most wage earners. You figure SE tax yourself using a Form 1040 Schedule SE. Also, you can deduct half of your self-employment tax in figuring your adjusted gross income.
3. If you are self-employed you generally have to make estimated tax payments. This applies even if you also have a full-time or part-time job and your employer withholds taxes from your wages. Estimated tax is the method used to pay tax on income that is not subject to withholding. If you don’t make quarterly payments you may be penalized for underpayment at the end of the tax year.
4. You can deduct the costs of running your business. These costs are known as business expenses. These are costs you do not have to capitalize or include in the cost of goods sold but can deduct in the current year.
5. To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be indispensable to be considered necessary. In addition, you must be able to substantiate your expense..
6. For more information see IRS Publication 334, Tax Guide for Small Business, IRS Publication 535, Business Expenses and Publication 505, Tax Withholding and Estimated Tax, available at http://www.irs.gov or by calling the IRS forms and publications order line at 800-TAX-FORM (800-829-3676).