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Substantially equal periodic payments

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Substantially equal periodic payments (SEPP) are one of the exceptions in the United States Internal Revenue Code that allows a retiree to receive payments before age 5912 from a retirement plan or deferred annuity without the 10% early distribution penalty under certain circumstances.[1]

Rules

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The rules for SEPPs are set out in Code section 72(t) (for retirement plans) and section 72(q) (for annuities), and allow for three methods of calculating the allowed withdrawal amount:

  • Required minimum distribution method, based on the life expectancy of the account owner (or the joint life of the owner and his/her beneficiary) using the IRS tables for required minimum distributions.
  • Fixed amortization method over the life expectancy of the owner.
  • Fixed annuity method using an annuity factor from a reasonable mortality table.[2]

The interest rate that can be used in the latter two calculations can be any rate up to 5% per annum, or up to 120% of the Applicable Federal Mid Term rate (AFR) for either of the two months prior to the calculation.[2] SEPP payments must continue for the longer of five years or until the account owner reaches 5912.[2] The payments cannot be changed beyond a one-time allowed change from one of the latter two calculation methods to the first or all of the payments received will be retroactively taxable and penalized.[3][4]

If the retirement account owner withdraws more or less than the amount calculated under the SEPP formula, the 10% early distribution penalty that was waived would apply in all instances (where it was waived under the SEPP program), and interest on those amounts would also apply.

References

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  1. ^ Tucker, Scott (23 October 2019). "Retiring Early? Ways to Help Avoid Early Withdrawal Penalties on Retirement Accounts". Kiplinger. Retrieved 10 January 2021.
  2. ^ a b c "Retirement Plans FAQs regarding Substantially Equal Periodic Payments". Internal Revenue Service. Retrieved November 16, 2015.
  3. ^ "Revenue Ruling 2002-62: Section 72.--Annuities; Certain Proceeds of Endowment and Life Insurance Contracts" (PDF). Internal Revenue Service. October 21, 2002.
  4. ^ "Notice 2022-6: Determination of Substantially Equal Periodic Payments". Internal Revenue Service. January 31, 2022.
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