Brentmark Presents: Denise Appleby, MJ, CISP, CRC, CRPS, CRSP, APA

10 Key Rules for Mastering the SEPP Exception to the 10% Early Distribution Penalty for IRAs and Employer Plans Based on IRS Guidance Published in 2022.

Introduction

The IRS recently issued Notice 2022-06, in which they provide guidance on distributions made under a substantially equal periodic payment (SEPP) program. Distributions taken under a SEPP program are exempt from the 10% early distribution penalty that applies to early distributions from IRAs and employer-sponsored retirement plans. Notice 2022-06 applies to SEPP payments that commence on or after January 1, 2023, and may also be applied to those that commence in 2022. Notice 2022-06 restates some of the existing SEPP rules and explains what has changed. This booklet covers the 10 key elements of Notice 2022-06.

The Purpose of SEPPs

Distributions taken from an IRA or account under an employer-sponsored retirement plan (employer plan) before the owner of the account (account owner) reaches age 59 ½ (early distributions) are subject to a 10% additional tax (early distribution penalty) unless an exception applies. The purpose of a SEPP program is for distributions taken under the program to qualify for an exception to this early distribution penalty.