Which year ?

That is so clear that I may know the correct answer. ;)

An Accountant would ask "In which year do you want to claim it?" LoL But I've never been an Accountant - just a School Marm who taught Systems, Auditing, and occassional bookkeeping courses.

The answer is "In the year in which you had constructive receipt - 2012."

Dick

But then will he have to to explain the 2011 1099-R to the IRS which will show the distribution in that year?

Besides you may sell stock on Dec/31/2011 but the money won't post to your account for another 5 days. Yet this is 2011 transaction.

so because of a post office foul up he might be penalized for not meeting his required annual distribution? I don't think so.

Chip did not say, suggest, or imply that he would fall short of his required annual distribution. Legally and ethically minimizing taxable income in the current period is an honorable and generally preferred preferred strategy. You have identified a circumstance where that strategy falls short.

Dick

I do it every year or two.

Dick

I'm not sure what you are saying, other than that you disagree with me (somehow).

There is an IRS form for additional tax of failure to take RMDs, and that includes an opportunity to request a waiver of the penalty upon explanation. A lost check sounds like such an opportunity.

But, as to constructive receipt - did the taxpayer have the opportunity to receive the payment in another way? Could he have gone to a local branch and picked up a check, rather than having it mailed? Lots of other considerations. I would take it in 2011. Sometimes common sense should be applied.

Chip, what does the 1099 show? If it shows 2011, and you had an RMD, all is well. If 2012, you need to request correction. If RMDs are not involved, I'd go with the 1099, not worth the effort (unless for some reason, it really is.)

In January '10, I got a call from a charity, asking if I was still planning to donate. Apparently, the donation I made in Dec '09 didn't go through, when you have too many large credit transactions, some card issuers throw up a flag. I offered the card again, and asked how the letter would reflect the date. She asked if I wanted it to show

12/15/09, my original failed attempt to transact. And that's how the letter showed it. Obviously, charities can be a bit looser on these things, but I'd imagine you can push for a 2011 1099 if that's important to you.

Thanks all. Still waiting for the 1099-R, but given the advice here and wanting to avoid hassles I'll probably claim the RMD in 2011. Hopefully the 1099 will reflect that. If not, I'll call the 401k people and have them send a correction to 2011. It was my 1st RMD ever and jumping thru IRS hoops can be a pain. I don't foresee 2012 being a lot different in terms of tax situations.

Chip

2011. The check is irrelevant. It's when the funds left the tax-deferred account, and that happened when the check was cut the first time.