457(b): indirect rollover to (self-directed) Roth?

Apr 11, 2016 4 Replies

(NB: an insignificant amount of money is in play here; I just want to avoid getting our return flagged by some automated IRS cross-check.)



Years ago, my wife worked briefly for the state, and, accrued a small pension account. In January of last year, they closed her (inactive) account, and did a forced distribution. Thinking the 10% early distribution penalty would apply(?), we wanted to roll that over into her Roth account. But, because the amount was too small, the state wouldn't do a 'direct' (trustee-trustee) rollover. So, we contributed that same amount to the Roth ourselves, thinking we'd report it as a rollover on 8606. However, the 8606 appears limited to "Traditional, SEP, and SIMPLE" IRAs as the source, not 457(b)'s.



Further searching has been confssing:


- This IRS chart says 457(b) -> Roth is permitted:

formatting link



- This article says indirect 457(b) -> Roth was made permissible on



1/1/15,
formatting link
... but, doesn't say how to report it.

- The 5329 instructions (p2) seem to say that 457(b) distributions are not subject to the 10% early withdrawal penalty -

formatting link



questions:



  1. Are 457(b) distros exempt from the 10% penalty? (If so, we could just recharacterize the Roth 'rollover' contribution, and be done with this.)


  1. If indirect rollovers from a 457(b) to a Roth are permitted, should it be reported on the 8606?


Additional info:



- The 1099-R shows the full distro as taxable. No tax was withheld. Box 7 shows code 8.



- The 5498 for the Roth account shows the contribution as a rollover (box 2)


Distributions from a Sec. 457(b) plan are not subject to the 10% early withdrawal penalty. They are subject to ordinary income tax. Therefore, if you rollover the amount into a Roth IRA, there is no need to complete an 8606, because you must report that distribution as a taxable pension.

Is it still a 'rollover' then, or is a distribution and a contribution? That would be a problem, since we don't have any earned income.

I'm sorry. Forgot you rolled it over. Yes, you are allowed to rollover the distribution into a Roth IRA. No earnings are required.

Here's a handy from/to chart on rollovers:

formatting link

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required