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entitled 'Individual Retirement Accounts: Additional IRS Actions Could 
Help Taxpayers Facing Challenges in Complying with Key Tax Rules' which 
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Report to the Committee on Finance, U.S. Senate: 

United States Government Accountability Office: 

GAO: 

August 2008: 

Individual Retirement Accounts: 

Additional IRS Actions Could Help Taxpayers Facing Challenges in 
Complying with Key Tax Rules: 

IRA Challenges Facing Taxpayers: 

GAO-08-654: 

GAO Highlights: 

Highlights of GAO-08-654, a report to the Committee on Finance, U.S. 
Senate. 

Why GAO Did This Study: 

Individual retirement accounts (IRA) allow individuals to save for 
retirement in a tax-preferred way. Traditional IRA contributions, 
subject to certain limitations, can be deducted from taxable earnings 
and taxes on earnings are deferred until distribution. In contrast, 
Roth IRA contributions are made after tax and distributions are tax-
free. Faced with a myriad of rules covering IRA contributions and 
distributions, taxpayers may fail to comply with the rules. GAO was 
asked to (1) provide an overview of key rules and describe how the 
Internal Revenue Service (IRS) educates taxpayers about these rules, 
(2) describe what IRS knows about the extent of noncompliance with IRA 
transactions reported on taxpayer returns, and (3) describe challenges 
taxpayers face with key rules and some options for strengthening 
compliance. GAO reviewed IRS documents and compliance data. To identify 
challenges, GAO interviewed officials from the financial industry and 
advisor representatives. 

What GAO Found: 

Taxpayers face a myriad of tax rules governing contributions to, 
distributions from, and rollovers between accounts for traditional and 
Roth IRAs. Both types of IRAs have rules governing eligibility to 
contribute, and all IRA contributions are subject to an annual limit. 
For example, eligibility to deduct (from taxable income) contributions 
to a traditional IRA and to contribute to a Roth IRA depends on 
taxpayer income and filing status, while coverage by an employer-
sponsored retirement plan only affects eligibility for deductible 
contributions to a traditional IRA. Tax rules for distributions diverge 
for traditional and Roth IRAs, but both types are generally subject to 
a 10 percent early withdrawal penalty, with some exceptions. Further, 
traditional IRA owners over age 70½ must take minimum distributions or 
face a 50 percent penalty on the required distribution amount. 
Rollovers, where a taxpayer moves money from one account into an IRA 
account, must be completed within 60 days, or the amounts are taxable 
and subject to penalty. To assist taxpayers in voluntarily complying 
with IRA rules, IRS offers special publications and telephone 
assistance for taxpayers with IRA questions. 

Even with IRS’s service efforts, IRS data show that some taxpayers fail 
to comply with rules for reporting contribution deductions and taxable 
distributions from traditional IRAs. IRS’s National Research Program 
showed that nearly 15 percent of taxpayers who took traditional IRA 
contribution deductions as well as 15 percent of those who took taxable 
distributions misreported on them on their tax returns in 2001 (the 
most recent data available). IRS has automated enforcement 
programs—matching tax returns with information reported by IRA 
custodians—to detect and correct these types of IRA misreporting. For 
tax year 2004, IRS assessed additional taxes of $23.2 million for 
ineligible traditional IRA contribution deductions or exceeding the 
deduction limits and $61.1 million in taxes and penalties for early 
withdrawals from traditional IRAs. 

As partly shown by taxpayer misreporting to IRS, taxpayers face 
challenges in figuring how much they can contribute, navigating the 
various distribution rules, and rolling over their IRAs between 
custodians. For example, according to representatives of financial 
firms and advisors GAO interviewed, taxpayers may not understand that 
the annual contribution limit applies across traditional IRAs and Roth 
IRAs in combination. On the distribution side, interviewees said that 
older taxpayers make mistakes in determining when they must start 
distributions and calculating the correct amount. Interviewees 
identified some options for IRS to clarify guidance, such as for the 
combined contribution limit rule, or develop tools to help taxpayers, 
such as a Web-based calculator for required minimum distributions. IRS 
could explore actions such as requiring additional reporting by 
custodians or simplifying the required minimum distribution rule to 
strengthen compliance with this complicated rule. Other options to 
reduce the complexity of IRA rules, such as eliminating income limits 
on eligibility, pose trade-offs and could be considered in the context 
of broader tax reform. 

What GAO Recommends: 

To strengthen taxpayer compliance, IRS should clarify guidance on the 
combined traditional and Roth contribution limit and pursue options to 
improve older taxpayers’ compliance with the required minimum 
distribution rule. IRS agreed to take actions consistent with both 
recommendations. Technical comments from the Department of the Treasury 
were incorporated as appropriate. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-654]. For more 
information, contact Michael Brostek at (202) 512-9110 or 
brostekm@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Myriad of Rules Govern IRA Transactions, and IRS Provides Services to 
Educate Taxpayers: 

IRS Research and Enforcement Data Show Taxpayers Misreport Millions of 
Dollars in Traditional IRA Transactions: 

Complexity Underlies the Challenges That Taxpayers Face in Complying 
with IRA Rules, and Some Options Could Bolster IRS Service While Other 
Options Would Require Legislative Change: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments: 

Appendix I: Scope and Methodology: 

Appendix II: IRS Forms Used to Report Individual Retirement Account 
Information: 

Appendix III: Comments from the Internal Revenue Service: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Glossary: 

Tables: 

Table 1: General IRA Rules and Associated Penalties by Transaction 
Type: 

Table 2: Eligibility for Deduction of Traditional IRA Contributions, 
Tax Year 2008: 

Table 3: Eligibility for Roth IRA Contributions, Tax Year 2008: 

Table 4: Maximum IRA Contribution Limits for IRA Owners by Age, Tax 
Years 1975-2008: 

Table 5: Total Additional Taxes and Taxpayers Assessed by IRS's 
Automated Underreporter Program on Select Contribution and Distribution 
Rules for Traditional IRAs, Tax Years 2001-2004: 

Table 6: Taxpayer Challenges in Complying with Key IRA Rules: 

Figures: 

Figure 1: Number of Taxpayers Owning IRAs and Fair Market Value of IRAs 
by IRA Type, Tax Year 2004: 

Figure 2: Number of Taxpayers Contributing to Traditional and Roth IRAs 
by Age, Tax Year 2004: 

Figure 3: Illustrative Example of Using Form 1040 with Information 
Reporting to Check Taxpayer Compliance with Traditional IRA Rules: 

Figure 4: Overview of IRS Automated Enforcement Activities for IRA 
Rules: 

Abbreviations: 

AGI: Adjusted Gross Income: 
AUR: Automated Underreporter: 
IRA: Individual Retirement Account: 
IRSL Internal Revenue Service: 
NRP: National Research Program: 
SEP: Simplified Employee Pension: 
SIMPLE: Savings Incentive Match Plan for Employees: 
SOI: Statistics of Income: 
TE/GE: Tax Exempt and Government Entities: 
TIGTA: Treasury Inspector General for Tax Administration: 
W&I: Wage and Investment: 

United States Government Accountability Office: 

Washington, DC 20548: 

August 14, 2008: 

The Honorable Max Baucus: 
Chairman: 
The Honorable Charles E. Grassley: 
Ranking Member: 
Committee on Finance: 
United States Senate: 

Created over 30 years ago, individual retirement accounts--popularly 
known as IRAs--are a key tax-preferred vehicle for individuals to save 
for retirement.[Footnote 1] According to the Internal Revenue Service's 
(IRS) latest analysis, about 51 million taxpayers held $3.3 trillion in 
IRAs at year-end 2004.[Footnote 2] IRAs also are increasingly important 
as a way for individuals to roll over savings from pension plans. Total 
assets in IRAs in 2007 surpassed assets held in either employer- 
sponsored defined benefit or defined contribution plans.[Footnote 3] 

According to estimates by the Department of the Treasury (Treasury), 
IRAs cost the federal government an estimated $9.5 billion in forgone 
revenue for fiscal year 2007.[Footnote 4] This reflects the revenue 
losses by the federal government due to the preferential tax treatment 
of both traditional and Roth IRAs.[Footnote 5] The traditional IRA 
allows tax deferral on investment earnings until retirement 
distribution with an up-front tax deduction from taxable income for 
contributions by eligible taxpayers.[Footnote 6] To limit the tax 
deferral, taxpayers over age 70½ cannot contribute to, and must begin 
taxable distributions from, their traditional IRAs. In contrast, Roth 
IRA contributions are not tax deductible and distributions are 
generally not required for the account owner. Instead, subject to 
income limitations, taxpayers regardless of age can make after-tax 
contributions to Roth IRAs with retirement distributions, including 
investment earnings, generally being tax-free. To limit revenue losses 
and tax benefits from accruing disproportionately to the wealthy, the 
law imposes a total annual limit on IRA contributions as well as income 
limits on the deductibility of traditional IRA contributions and 
eligibility for Roth IRAs. Contributions exceeding the limits are 
subject to a 6 percent additional tax to penalize excess contributions. 

Even with tax incentives for retirement saving, personal saving in the 
United States remains near historic lows.[Footnote 7] To improve 
personal saving, Congress has changed the IRA rules over the years, for 
example, by increasing the contribution limits and allowing workers to 
tap IRA assets for certain nonretirement purposes without the early 
withdrawal penalty. In addition to the traditional tax-deferred IRA, 
Congress in 1997 created the after-tax Roth IRA.[Footnote 8] There are 
also two kinds of employer-based IRAs--Savings Incentive Match Plans 
for Employees (SIMPLE) and Simplified Employee Pensions (SEP).[Footnote 
9] Although providing taxpayers with more IRA options, these changes 
also added complexity to the rules governing IRA contributions and 
distributions. This complexity coupled with the various penalties on 
IRA rule violations add to the compliance burden for taxpayers, 
financial services firms acting as IRA custodians, and financial 
planners and advisors, as well as the burden for IRS in enforcing the 
IRA rules. 

Some taxpayers--whether intentionally or unintentionally--fail to 
comply with the rules. Some taxpayers may inadvertently contribute more 
than allowed given their income limits. A taxpayer may have an 
incentive to lie about the reason for an early withdrawal to avoid 
penalty. Noncompliance with IRA rules--for example, overstated 
deductions for contributions and underreported distributions from 
traditional IRAs--can contribute to the gross tax gap, last estimated 
at $345 billion for tax year 2001. The gross tax gap is the annual 
difference between what taxpayers pay in taxes voluntarily and on time 
and what they should pay under the law. Because of taxpayer 
noncompliance, the burden of funding the nation's commitments falls 
more heavily on taxpayers who willingly and accurately pay their taxes. 

You asked us to examine taxpayer compliance and challenges with key IRA 
rules. This report (1) provides an overview of key IRA contribution, 
distribution, and other rules and describes how IRS educates taxpayers 
on these rules; (2) describes what IRS knows about the extent of 
noncompliance for IRA transactions reported on taxpayer returns; and 
(3) describes the challenges taxpayers face with key IRA rules and some 
options to strengthen taxpayer compliance. Separately, we issued to you 
a Limited Official Use Only report detailing the results of our review 
of IRS enforcement of taxpayer compliance with IRA rules.[Footnote 10] 
This report, as negotiated with IRS, provides a public version of 
material from our earlier report and supplements that report in that it 
describes more fully the challenges facing taxpayers in navigating IRA 
rules. 

To provide an overview of key IRA rules, we relied primarily on IRS 
Publication 590, which explains the rules that taxpayers are to follow 
in contributing to, and receiving distributions from, an IRA. Specific 
rules depend on account type. This report focuses on traditional and 
Roth IRAs set up by individuals to save on their own.[Footnote 11] We 
also spoke with IRS and Treasury officials and reviewed reports from 
the Congressional Research Service, the Congressional Budget Office, 
the Investment Company Institute, and others. To describe how IRS 
educates taxpayers on these rules, we also interviewed IRS officials 
conducting IRA service activities and reviewed other guidance, such as 
the IRS Web site and various IRS publications. 

To describe what IRS knows about the extent of taxpayer misreporting of 
IRA transactions on their tax returns, we reviewed publications and 
documents, interviewed IRS officials, and used the 2001 National 
Research Program (NRP)--IRS's most recent research study of individual 
taxpayer compliance--to estimate the extent of taxpayer misreporting. 
Specifically, taxpayers report deductible contributions to and taxable 
distributions from traditional IRAs on the Form 1040 individual income 
tax return.[Footnote 12] We provide the margin of error based on 95 
percent confidence for estimates from the NRP samples of individual tax 
returns. We also used enforcement data supplied by two IRS compliance 
programs, the Math Error program and the Automated Underreporter (AUR) 
program. The Math Error program electronically checks for obvious math 
errors as tax returns are processed, and the AUR program matches 
taxpayer returns with IRA custodian-reported information.[Footnote 13] 
We determined that the IRS research and enforcement data we used were 
sufficiently reliable for the purposes of this report. 

To describe the challenges taxpayers face with key IRA rules and some 
options to strengthen taxpayer compliance, we reviewed documents from 
IRS's enforcement and service programs that address IRAs. We also 
interviewed IRS officials, as well as representatives knowledgeable 
about IRAs from financial industry organizations and advisor 
representatives, including the Securities Industry and Financial 
Markets Association, American Bankers Association, and American 
Institute of Certified Public Accountants. We conducted two rounds of 
interviews with financial industry organizations and advisor 
representatives. In the first round, we asked open-ended questions 
about the challenges and options for strengthening compliance. In the 
second round, we used a standard set of questions in the interviews 
with the representatives to try to verify responses and obtain 
additional context for the challenges and options mentioned. We limited 
our discussion of the challenges and options identified to include only 
those related to the key IRA rules reviewed in this report. These 
challenges and options are not exhaustive nor are the trade-offs 
associated with each option. (See app. I for further discussion of our 
scope and methodology.) We conducted this performance audit from March 
2008 through August 2008 in accordance with generally accepted 
government auditing standards.[Footnote 14] Those standards require 
that we plan and perform the audit to obtain sufficient, appropriate 
evidence to provide a reasonable basis for our findings and conclusions 
based on our audit objectives. We believe that the evidence obtained 
provides a reasonable basis for our findings and conclusions based on 
our audit objectives. 

Results in Brief: 

Taxpayers face a myriad of tax rules governing contributions to, 
distributions from, and rollovers between accounts for traditional and 
Roth IRAs. Taxpayers who fail to comply can face added taxes and 
penalties, which may reduce their retirement savings. Both traditional 
and Roth IRAs have rules governing eligibility to contribute, and all 
IRA contributions are subject to an annual limit. For example, 
eligibility to deduct (from taxable income) contributions to a 
traditional IRA and to contribute to a Roth IRA depends on taxpayer 
income and filing status, while coverage by an employer-sponsored 
retirement plan only affects eligibility for deductible contributions 
to a traditional IRA. Taxpayers who do not qualify for a traditional 
IRA deduction can make nondeductible contributions, which come with 
additional reporting rules. Tax rules for distributions diverge for 
traditional and Roth IRAs. Whereas traditional IRA distributions are 
fully taxable for a taxpayer who made only deductible contributions, 
Roth IRA distributions are generally tax-free. For both IRA types, 
distributions before age 59½ are generally subject to a 10 percent 
early withdrawal penalty, with some exceptions, such as buying a first 
home. Whereas Roth IRA owners are not required to take distributions 
during their lifetime, taxpayers over age 70½ are required to take 
minimum distributions from traditional IRAs or face a 50 percent 
penalty on the required distribution amount. Rollovers, where a 
taxpayer moves money from a pension plan or another IRA into an IRA, 
must be completed within 60 days of the taxpayer receiving the money, 
or the amounts are taxable and subject to penalty. To assist taxpayers 
in voluntarily complying with IRA rules, IRS offers special 
publications, notably Publication 590, and telephone assistance for 
taxpayers with IRA questions. 

Even with IRS's efforts to support taxpayers, IRS data show that some 
taxpayers, whether intentionally or unintentionally, fail to comply 
with rules for reporting contribution deductions and taxable 
distributions from traditional IRAs. On the basis of the most recent 
research results available, IRS estimated that in 2001, nearly 15 
percent of those who made traditional IRA contribution deductions 
misreported their deductions on their tax returns, and nearly 15 
percent of taxpayers who took taxable distributions from traditional 
IRAs misreported this information. IRS relies on automated enforcement 
and examination programs to detect and correct these types of IRA 
misreporting. The Math Error program, which checks for obvious errors, 
found that thousands of taxpayers in 2006 tried to deduct contributions 
over the limit for traditional IRAs. For tax year 2004 (the last full 
year available), the AUR program, which matches tax returns with 
information returns, assessed additional taxes of $23.2 million for 
about 24,000 taxpayers for ineligible traditional IRA contribution 
deductions or exceeding the deduction limits. The AUR program also 
assessed $61.1 million in taxes and penalties for about 38,000 
taxpayers taking early withdrawals from traditional IRAs. 

As partly shown by taxpayer misreporting to IRS, taxpayers face 
challenges in figuring how much they can contribute, navigating the 
various distribution rules, and rolling over their IRAs between 
custodians. Complexity of IRA rules was cited by IRS officials, IRA 
custodians, and financial planners we interviewed as the overarching 
contributor to challenges facing taxpayers in complying with IRA rules. 
According to interviewees, taxpayers may not understand that the annual 
contribution limit applies across traditional IRAs and Roth IRAs in 
combination, and taxpayers with incomes in the phaseout ranges make 
mistakes in calculating the partial amount for their eligible 
contributions. On the distribution side, interviewees said that 
taxpayers get confused over which exceptions for early withdrawals are 
not subject to penalties, in part because the exceptions differ for 
employer plans. Older taxpayers may make mistakes in determining when 
they must start minimum distributions and calculating the correct 
amounts, and the required minimum distribution rule poses a growing 
challenge as the population ages and increasing amounts of pension 
assets are rolled over into IRAs. Representatives of financial firms 
and advisors we interviewed identified some options for IRS to clarify 
IRA guidance, such as for the combined contribution limit rule, or 
develop tools to help taxpayers comply, such as a Web-based calculator 
for minimum distributions required for older taxpayers. IRS could 
explore actions such as requiring additional reporting by custodians or 
simplifying the required minimum distribution rule to help taxpayers to 
comply with this complicated rule. Other options to reduce the 
complexity of IRA contribution and distribution rules, such as 
eliminating income limits, pose trade-offs and could be considered in 
the context of broader tax reform. 

To address the challenges facing taxpayers in complying with current 
IRA rules, we recommend that IRS (1) clarify guidance to help taxpayers 
better understand the combined contribution rule and (2) pursue 
administrative options, including additional taxpayer guidance, and 
work with Treasury on regulatory or legislative strategies to help 
taxpayers comply with the required minimum distribution rule. In 
comments on a draft of this report, IRS agreed to take actions 
consistent with both of our recommendations. Treasury provided 
technical comments, which we incorporated as appropriate. 

Background: 

According to IRS's Statistics of Income (SOI) research, of about 51 
million taxpayers who owned IRAs as of 2004, nearly 41 million owned 
traditional IRAs compared to more than 13 million taxpayers who owned 
Roth IRAs, as shown in figure 1.[Footnote 15] Of the $3.3 trillion held 
in IRAs as of 2004, traditional IRAs accounted for almost $3 trillion. 
Traditional IRAs have grown not only from contributions but also from 
rollovers from employer pension plans. First introduced in 1998, Roth 
IRAs totaled $140 billion as of 2004. While Roth IRAs and employer- 
based SIMPLE and SEP IRAs constitute a small share of IRA assets, the 
number of taxpayers who own Roth IRAs surpasses the number of those 
owning employer-based IRAs, as shown in figure 1. IRA assets surpass 
assets held in either employer-sponsored defined benefit or defined 
contribution plans. 

Figure 1: Number of Taxpayers Owning IRAs and Fair Market Value of IRAs 
by IRA Type, Tax Year 2004: 

This figure is a combination of two bar graphs showing number of 
taxpayers owning IRAs and fair market value of IRAs by IRA type, tax 
year 2004. The left graph shows taxpayers owning IRAs, and the right 
graph shows fair market value. The left graph has an X axis 
representing number in millions, and the right graph has an X axis 
representing dollars in millions. 

Taxpayers owning IRAs; 
Traditional IRAs: Number in millions: 40.8; 
Roth IRAs: Number in millions: 13.5; 
Employer IRAs[A]: Number in millions: 6.0. 

Fair market value; 
Traditional IRAs: Number in millions: 2,957; 
Roth IRAs: Number in millions: 140; 
Employer IRAs[A]: Number in millions: 203. 

[See PDF for image] 

Source: IRS. 

[A] Employer IRAs include SEP and SIMPLE IRAs. 

[End of figure] 

According to IRS's SOI analysis, about 5.3 million taxpayers 
contributed about $12.6 billion to traditional IRAs for tax year 2004, 
and deductible contributions accounted for over three-quarters of that 
amount. Also, about 6.7 million taxpayers contributed more than $14.7 
billion to Roth IRAs for tax year 2004. Traditional IRA contributions 
averaged $2,381 and Roth IRA contributions averaged $2,211 for tax year 
2004. In addition to contributions, more than 3.6 million taxpayers 
rolled over about $215 billion into traditional IRAs from employer 
plans in 2004, according to IRS's SOI analysis. 

Taxpayers contributing to Roth IRAs are younger on average than 
traditional IRA owners, as illustrated in figure 2. On the basis of 
IRS's SOI analysis for tax year 2004, more taxpayers under age 55 
contributed to a Roth IRA than to a traditional IRA, while the reverse 
is true for taxpayers ages 55 and over. Taxpayers over age 70 may 
contribute to Roth IRAs, but contributions to traditional IRAs are not 
allowed after age 70½. 

Figure 2: Number of Taxpayers Contributing to Traditional and Roth IRAs 
by Age, Tax Year 2004: 

This figure is a vertical bar chart showing number of taxpayers 
contributing to traditional and Roth IRAs by age, tax year 2004. The X 
axis represents the taxpayer age, and the Y axis represents the number 
of taxpayers (in thousands). One bar represents Traditional, and the 
other represents Roth. 

Age: Under 25; 
Traditional: 72,678; 
Roth: 328,718. 

Age: 25 to under 35; 
Traditional: 405,989; 
Roth: 1,355,020. 

Age: 35 to under 45; 
Traditional: 1,003,217; 
Roth: 1,781,585. 

Age: 45 to under 55; 
Traditional: 1,679,781; 
Roth: 1,820,439. 

Age: 55 to under 65; 
Traditional: 1,721,671; 
Roth: 1,146,825. 

Age: 65 and over; 
Traditional: 421,734; 
Roth: 225,049. 

[See PDF for image] 

Source: IRS. 

Notes: Data are from IRS's SOI. For the category 65 and over, data for 
taxpayers contributing to traditional IRAs reflect taxpayers not over 
age 70½. Data for taxpayers contributing to Roth IRAs reflect taxpayers 
age 70 and over. 

[End of figure] 

Even with the sheer numbers of taxpayers owning IRAs, most taxpayers 
eligible for IRAs do not take advantage of the opportunity to save for 
retirement on a tax-preferred basis. According to IRS SOI estimates, 
only 10 percent of those eligible contributed in 2004.[Footnote 16] 

According to IRS's SOI analysis, about 12.3 million taxpayers withdrew 
$140 billion--traditional IRA withdrawals accounted for more than 95 
percent--during tax year 2004. Based on SOI estimates for tax year 
2004, about 54 percent of taxpayers with IRA withdrawals were age 70 
and older, withdrawing about $55 billion during 2004. 

Myriad of Rules Govern IRA Transactions, and IRS Provides Services to 
Educate Taxpayers: 

Individuals face a myriad of tax rules in using tax-advantaged 
traditional and Roth IRAs, and noncompliance can trigger taxes and 
penalties that may reduce their retirement savings. As outlined in 
table 1, rules governing IRAs and associated penalties generally can be 
categorized into contribution rules, including contribution limits and 
eligibility; distribution rules; and rollover rules.[Footnote 17] 
Taxpayers and IRA custodians must also follow rules for reporting IRA 
transactions. Publication 590 explains the IRA rules that taxpayers are 
to follow, and IRS offers additional assistance through its Web site 
and toll-free phone lines. 

Table 1: General IRA Rules and Associated Penalties by Transaction 
Type: 

Transaction: Contribution rules for traditional IRA; Associated 
rules[A]: * Deductible contribution limit for each tax year; 
* Deductible contribution eligibility based on: 
Having taxable compensation; 
Age: did not reach age 70½ by end of year; 
Whether taxpayer, or spouse, is an active participant in an employer-
sponsored retirement plan, and income limits depending on marital 
filing status for those covered by such plans; 
* Nondeductible contributions allowed regardless of income and pension 
coverage; 
* Contribution limit for each tax year[A,B]; 
* Excess contributions are subject to a 6 percent tax. 

Transaction: Contribution rules for Roth IRA; 
Associated rules[A]: * Contribution eligibility based on: 
Having taxable compensation; 
Income limits subject to marital filing status; 
* Contribution limit for each tax year[A,B]; 
* Excess contributions are subject to a 6 percent tax. 

Transaction: Distribution rules for traditional IRA; 
Associated rules[A]: * Distribution is taxable income; 
* Early distributions before age 59½ subject to 10 percent penalty 
unless taken for specified reasons, such as disability or buying a 
first home; 
* Required minimum distributions starting at age 70½, subject to 50 
percent penalty if not taken; 
* Distribution rules for nondeductible IRAs are based on basis 
calculations. 

Transaction: Distribution rules for Roth IRA; 
Associated rules[A]: * Distributions are not taxed if (1) account is at 
least 5 years old and (2) owner is over age 59½, disabled, or a first-
time home buyer, or if distributions are paid to a beneficiary after 
owner's death; 
* Nonqualified distributions may be subject to tax to the extent that 
distributions exceed after-tax contributions; 
nonqualified distributions are subject to 10 percent penalty unless 
taken for specified reasons, such as qualified higher education 
expenses; 
* No minimum distributions required during owner's lifetime, but 
distributions generally required to be taken after IRA owner's death, 
subject to 50 percent penalty if not taken. 

Transaction: Rollover to traditional IRA rules; 
Associated rules[A]: * Taxpayer has 60 days to roll over assets tax-
free from a retirement plan (pension or another traditional IRA) to a 
traditional IRA, and only one rollover is allowed per year per 
traditional IRA. 

Transaction: Conversion from traditional IRA to Roth IRA rules[C]; 
Associated rules[A]: * No limit on amount that can be converted; 
* Conversion eligibility subject to income limit and filing status; 
* Generally, conversion amounts are taxable income when converted. 

Source: GAO analysis of IRS Publication 590. 

[A] This is a simplified representation of rules for traditional and 
Roth IRAs; eligibility and contributions limits, among other rules, 
have varied from year to year as discussed further below. 

[B] In addition to the contribution limit for traditional IRAs, there 
is a combined annual limit for traditional and Roth IRAs. 

[C] Beginning in 2008, amounts from any retirement plan can be 
converted to a Roth IRA. Beginning in 2010, income limits on 
conversions are eliminated. 

[End of table] 

Contribution Rules: 

Both traditional and Roth IRAs have rules governing eligibility to 
contribute, and all IRA contributions are subject to an annual limit. 
For both IRA types, eligibility is limited to taxpayers with taxable 
compensation.[Footnote 18] For a traditional IRA in tax year 2008, 
eligibility for a full or partial deduction from taxable income depends 
on whether a taxpayer or spouse is covered by an employer-sponsored 
retirement plan as well as limits on modified adjusted gross income 
(AGI)[Footnote 19] and filing status, as shown in table 2. For example, 
a single taxpayer not covered by an employer plan can take a full 
deduction regardless of income, and a married taxpayer filing jointly 
whose spouse is covered by an employer plan can take the full deduction 
if the couple's modified AGI was $159,000 or less for 2008. A taxpayer 
ineligible for any deduction based on pension coverage or modified AGI 
can still make nondeductible contributions to a traditional IRA. A 
taxpayer in the phaseout range who is married and filing jointly or a 
qualified widower has to figure out the deductible contribution portion 
and decide whether to contribute the rest on a nondeductible 
basis.[Footnote 20] 

Table 2: Eligibility for Deduction of Traditional IRA Contributions, 
Tax Year 2008: 

[See PDF for image] 

Source: IRS. 

Note: Data are from IRS Publication 590. Publication 590 includes 
details on calculating deductions for taxpayers taking partial 
deductions. 

[End of table] 

For a Roth IRA, eligibility also depends on modified AGI and filing 
status, as shown in table 3. For example, a single taxpayer with 
modified AGI of less than $101,000 is eligible for a full contribution 
in 2008, and married taxpayers filing jointly with modified AGI of less 
than $159,000 also are eligible for a full contribution. A single 
taxpayer with AGI of at least $116,000 or married taxpayers filing 
jointly with AGI of $169,000 or more cannot contribute to a Roth IRA 
for 2008. Taxpayers in the income phaseout range have reduced 
contribution limits. Coverage by an employer-sponsored retirement plan 
does not affect eligibility for a Roth IRA. 

Table 3: Eligibility for Roth IRA Contributions, Tax Year 2008: 

[See PDF for image] 

Source: IRS. 

Note: Data are from IRS Publication 590. 

[End of table] 

Both traditional and Roth IRAs are subject to annual contribution 
limits. Table 4 shows how the annual limit has changed over time and 
varies depending on a taxpayer's age. For 2008, taxpayers under age 50 
can contribute up to $5,000 and those over the age of 50 and under age 
70½ can contribute up to $6,000 to traditional and Roth IRAs. Taxpayers 
age 70½ and older can contribute to a Roth IRA only. Contributions can 
be made any time during a year or by the due date for filing a tax 
return, not including extensions. For example, contributions for 2008 
must be made by April 15, 2009. A taxpayer who contributes less than 
the annual limit cannot make up the difference after that date. 

Table 4: Maximum IRA Contribution Limits for IRA Owners by Age, Tax 
Years 1975-2008: 

Tax years: 1975-1981; 
Age 49 and below: $1,500; 
Age 50 and over[A]: $1,500. 

Tax years: 1982-2001; 
Age 49 and below: 2,000; 
Age 50 and over[A]: 2,000. 

Tax years: 2002-2004; 
Age 49 and below: 3,000; 
Age 50 and over[A]: 3,500. 

Tax years: 2005; 
Age 49 and below: 4,000; 
Age 50 and over[A]: 4,500. 

Tax years: 2006-2007; 
Age 49 and below: 4,000; 
Age 50 and over[A]: 5,000. 

Tax years: 2008[A]; 
Age 49 and below: 5,000[B]; 
Age 50 and over[A]: 6,000[B]. 

Source: Congressional Budget Office. 

[A] Catch-up contributions for taxpayers age 50 and older were 
effective beginning in 2002. Taxpayers age 70½ and older can contribute 
to Roth IRAs only. 

[B] After 2008, increases in contribution limit (excluding additional 
contributions allowed for ages 50 and over) will be indexed for 
inflation in $500 increments. 

[End of table] 

Total contributions to Roth and traditional IRAs in any year cannot 
exceed the combined contribution limit. Any contribution in excess of 
the limit or made by an ineligible taxpayer is subject to a 6 percent 
penalty annually if the excess amount--and any earnings--is not 
withdrawn by the date the return for the year is due, including 
extensions. A taxpayer can choose to either withdraw an excess 
contribution to avoid the penalty or carry the excess forward as a 
contribution for a later year but still is liable for the excess 
contribution penalty. For example, if a taxpayer contributes more than 
allowed in 2008, that taxpayer has until April 15, 2009, to remove the 
excess, or the taxpayer can pay the penalty for 2008 and apply the 
excess as contributions for 2009.[Footnote 21] A taxpayer also can 
treat a contribution made to one IRA as having been made to a different 
IRA type; this is known as a recharacterization. For example, a 
taxpayer ineligible for a Roth IRA could recharacterize a contribution 
and transfer the amount to a traditional IRA. 

Distribution Rules: 

Whereas both IRA types share a combined contribution limit and have 
rules limiting eligibility, tax rules for distributions diverge for 
traditional and Roth IRAs. Traditional IRA distributions are taxable in 
the year received. Distributions are fully taxable for a taxpayer who 
made only deductible contributions and partially taxable for a taxpayer 
who also made nondeductible contributions.[Footnote 22] In contrast, 
Roth IRA distributions are tax-free after age 59½ as long as the 
taxpayer has held the Roth IRA for 5 years.[Footnote 23] For both 
traditional and Roth IRAs, early distributions before age 59½ for 
reasons other than specific exceptions result in 10 percent additional 
tax.[Footnote 24] 

Another key difference between traditional and Roth IRAs is the 
required minimum distribution rule to limit tax benefit from earnings 
accumulating on a tax-preferred basis in an IRA. Taxpayers age 70½ are 
required to take minimum distributions from tax-deferred traditional 
IRAs, whereas Roth IRA owners are not required to take distributions 
during their lifetime. Under 2002 regulations, which simplified the 
calculation, required minimum distributions for a traditional IRA are 
calculated using the previous year's fair market value divided by life 
expectancy based on a uniform table.[Footnote 25] A taxpayer must begin 
required minimum distributions by April 1 of the year after turning age 
70½. The second distribution must be made by December 31 of the year 
containing this April 1, and subsequent required minimum distributions 
must be made by December 31. Failure to take the required minimum is 
subject to a 50 percent penalty on the required amount not distributed. 
A taxpayer may request that IRS excuse the penalty if the excess 
accumulation is due to reasonable error and the taxpayer is taking 
steps to draw down the excess. Beneficiaries inheriting either IRA type 
are required to take minimum distributions, and the rules depend on 
whether the beneficiary is a surviving spouse, other individual, or an 
entity, such as a trust. 

Rollover and Conversion Rules: 

Rollovers, where a taxpayer moves money from a pension plan or an IRA 
into another IRA, are also subject to rules specifying that a tax-free 
rollover must be completed within 60 days of the taxpayer receiving the 
money and that only one IRA-to-IRA rollover is allowed per traditional 
IRA during a 1-year period. If a taxpayer does not roll over money 
within the allowed time or rolls over an IRA too frequently, the 
transaction does not qualify for tax-free treatment. For a failed 
rollover, the distribution from the first IRA is taxable and subject to 
the 10 percent early distribution penalty if the taxpayer is younger 
than age 59½. Further, amounts contributed in excess of the annual 
limit to the second IRA are subject to a 6 percent additional tax to 
penalize excess contributions. IRS has authority to waive the 60-day 
requirement and extend the rollover period where the failure to do so 
would be against good conscience, such as in the event of a disaster or 
an event beyond the taxpayer's reasonable control. The 60-day 
requirement is automatically waived in the cases of financial 
institution errors in transferring and depositing the rollover funds. 
Otherwise, a taxpayer can pay a user fee and apply for a private letter 
ruling requesting a waiver.[Footnote 26] A direct transfer between IRA 
trustees is not considered a rollover and is not subject to the 1-year 
waiting period. Similarly, a recharacterization of contributions from 
one type of IRA to another IRA type is not considered a rollover 
subject to the 1-year waiting period. 

Conversions, where a taxpayer pays taxes deferred in a traditional IRA 
to convert those amounts to a Roth IRA, are subject to income 
eligibility rules.[Footnote 27] For tax year 2007, a taxpayer with 
modified AGI of $100,000 or less and not married filing separately is 
eligible to make a Roth conversion.[Footnote 28] If a taxpayer is 
ineligible and the conversion fails, unless recharacterized, amounts 
distributed from the traditional IRA before age 59½ are subject to a 10 
percent penalty, and the Roth IRA contribution in excess of the annual 
limit is subject to a 6 percent additional tax. 

IRS Reporting Rules for Taxpayers and IRA Custodians: 

Taxpayer reporting rules differ for traditional IRAs and Roth IRAs. For 
a traditional IRA, a taxpayer reports deductible contributions on line 
32 of the individual tax return (Form 1040), and the deduction reduces 
a taxpayer's current taxable income. A taxpayer is to report taxable 
traditional IRA distributions--including amounts converted to a Roth 
IRA--as income on line 15 of the individual tax return.[Footnote 29] 
Any taxpayer who makes a nondeductible traditional IRA contribution or 
receives a distribution from a traditional IRA and ever made 
nondeductible traditional IRA contributions must also file Form 
8606.[Footnote 30] In contrast to nondeductible traditional IRA 
contributions, taxpayers do not report Roth IRA contributions to IRS, 
and Roth IRA distributions are tax-free and generally are not reported 
on the 1040 tax return.[Footnote 31] Taxpayers who contributed more 
than allowed to a traditional or Roth IRA, withdrew money before age 
59½, or failed to take required minimum distributions must file Form 
5329 to report the associated penalties due. 

Custodians, including banks or mutual funds holding account owners' IRA 
assets, follow the same basic procedures for traditional and Roth IRA 
contributions and distributions in terms of reporting to IRS. For both 
traditional and Roth IRAs, the custodian is required to submit a Form 
5498 detailing the total contributions, rollovers, recharacterizations, 
and fair market value for every IRA. For example, for a taxpayer 
holding one traditional IRA and two Roth IRAs, the custodian should 
send three Form 5498s to the taxpayer and IRS. Given that taxpayers 
have until the return filing date to contribute to an IRA, the due date 
for filing Form 5498 is May 31. Custodians are also to report on Form 
5498 whether a taxpayer is subject to required minimum distributions 
for the coming year but are not required to report to IRS the minimum 
amount calculated for each account. Instead, the custodians must report 
the minimum required distribution amount to the taxpayer or at least 
offer to calculate the amount; the statement or offer must include the 
date by which the amount must be distributed. For both traditional and 
Roth IRAs, the custodian is also required to submit a Form 1099-R each 
year that a withdrawal takes place detailing the total distributions 
taken from the account during the calendar year and providing some 
information about the distribution, such as whether the distributions 
were taken before age 59½ and whether a known penalty exception 
applies. The due date for filing Form 1099-R with IRS is February 28. 
Another key information report is the Form W-2 from employers showing 
compensation and employer pension plan coverage used in determining 
eligibility for traditional IRA deductions. 

Third-party reporting by IRA custodians provides information that 
taxpayers can use in preparing their tax returns and that IRS can use 
to identify noncompliant taxpayers. Figure 3 illustrates what taxpayers 
report for a traditional IRA contribution deduction and what custodians 
report on Form 5498 about the contribution. Mismatches between these 
two sources of information can trigger an enforcement response by IRS. 
Likewise, mismatches between distributions reported by custodians on a 
1099-R and taxpayers' individual tax returns can trigger enforcement by 
IRS. 

Figure 3: Illustrative Example of Using Form 1040 with Information 
Reporting to Check Taxpayer Compliance with Traditional IRA Rules: 

This figure is a picture of an illustrative example of using form 1040 
with information reporting to check taxpayer compliance with 
traditional IRA rules. 

[See PDF for image] 

Source: IRS. 

[End of figure] 

IRS's Service Activities Aim to Increase Taxpayer Understanding of IRA 
Rules: 

IRS service activities aim to increase taxpayer understanding of and 
improve taxpayer compliance with IRA rules for traditional and Roth 
IRAs. IRS's Media and Publications office offers publications, forms, 
and forms instructions to help taxpayers complete their tax returns 
accurately. IRS updated the 2006 Publication 590 to reflect new 
legislation, permanently raising the IRA contribution limits and 
indexing them for inflation. IRS also developed procedures and guidance 
for the new provision effective for tax year 2006, allowing those ages 
70½ and older to exclude from gross income an amount that does not 
exceed $100,000 if it is distributed for charitable purposes directly 
from their traditional IRAs. For 2007, IRS updated Publication 590 to 
reflect new provisions for onetime IRA transfers to fund a qualified 
health savings account and catch-up contributions for pension plan 
participants whose employers went bankrupt. Financial industry 
organizations and advisor representatives we interviewed complimented 
Publication 590 for translating the myriad of complicated IRA 
contribution and distributions rules into "plain English" to help 
taxpayers comply. 

IRS also provides special publications that include IRA information for 
taxpayers seeking assistance at IRS walk-in centers or for those 
consulting the IRS Web site. Further, taxpayers seeking assistance with 
IRA questions can call the IRS toll-free lines. IRS employees are 
trained with a probe and response guide to accurately answer questions 
about IRA rules. 

IRS Research and Enforcement Data Show Taxpayers Misreport Millions of 
Dollars in Traditional IRA Transactions: 

IRS research and enforcement data show that some taxpayers misreported 
in aggregate millions of dollars in traditional IRA contributions and 
distributions on their tax returns.[Footnote 32] The NRP examination 
study of tax year 2001 returns, the most recent research results 
available, showed that nearly 15 percent of those who made traditional 
IRA contribution deductions misreported their deductions on their tax 
returns, and nearly 15 percent of taxpayers who took taxable 
distributions from traditional IRAs misreported this information. IRS 
relies primarily on automated enforcement to detect misreported IRA 
contribution deductions and taxable distributions. IRS first checks tax 
returns for obvious IRA contribution errors and then matches tax 
returns to custodian-reported information to ensure, among other 
things, that taxpayers reported taxable distributions. For example, the 
AUR program, in tax year 2004, assessed taxes and penalties totaling 
about $61 million from almost 38,000 taxpayers who misreported early 
distributions from traditional IRAs. 

Research Shows Taxpayers Misreport Millions in Traditional IRA 
Transactions: 

The NRP study of tax year 2001 returns, the most recent research 
results available, reported numbers of taxpayers who either misreported 
deductions for their traditional IRA contributions or misreported taxes 
when taking withdrawals. NRP results for 2001 yield a measure of 
noncompliance across taxpayers.[Footnote 33] 

* Of taxpayers who made deductible traditional IRA contributions, an 
estimated 14.8 percent[Footnote 34] (554,657 taxpayers)[Footnote 35] 
did not accurately report the IRA deduction on their individual tax 
returns--10.4 percent overstated their deductible contributions (that 
is, exceeded the applicable limit) and 4.4 percent underreported their 
deductible contributions (that is, reported less on their returns than 
they actually could deduct).[Footnote 36] The understated net income 
due to these misreported traditional IRA contribution deductions was 
$392 million,[Footnote 37] including both taxpayers who either 
overstated or understated their contribution deductions to a 
traditional IRA. For example, a taxpayer is considered to have 
overstated a deduction if the deduction reported exceeds the taxpayer's 
actual contribution or if the deduction is higher than the taxpayer's 
eligibility allows. 

* Of taxpayers who had taxable traditional IRA distributions, an 
estimated 14.6 percent[Footnote 38] (1.5 million taxpayers)[Footnote 
39] misreported withdrawals from their traditional IRA distributions-- 
13.7 percent understated (that is, reported an amount less than what 
the taxpayer withdrew) and 0.9 percent overstated IRA distributions 
(that is, reported an amount greater than what the taxpayer 
withdrew).[Footnote 40] The underreported net income due to misreported 
IRA distributions was $6.3 billion,[Footnote 41] including taxpayers 
who failed to report early distributions and the associated tax. 

The 2001 NRP data did not provide a measure of noncompliance for some 
IRA transactions not reported directly on the Form 1040 tax return. For 
example, because Roth IRA contributions are not reported, the 2001 NRP 
study did not capture information on taxpayer errors under Roth IRA 
contribution rules. While NRP does cover misreporting of distributions 
taken, the 2001 NRP study did not capture estimates of noncompliance 
for older taxpayers who failed to take required minimum distributions 
from their traditional IRAs. IRS officials told us that for the 
upcoming NRP for tax year 2007, they are planning to gather additional 
information about taxpayer as well as custodian misreporting of IRA 
transactions. 

Automated Enforcement Detects and Corrects Millions in IRA 
Noncompliance: 

Whereas NRP yields a measure of taxpayer misreporting of traditional 
IRA transactions, IRS enforcement data reflect cases where IRS pursued 
taxpayers who appeared to not comply in reporting their IRA deductions 
or traditional IRA distributions on their tax returns.[Footnote 42] 
Through automated checks and document matching, IRS detects and 
corrects millions of dollars in taxpayer misreporting of IRA 
transactions. The Math Error program checks for obvious math errors as 
returns are processed, and the AUR program matches returns with 
custodian-reported information. Larger early withdrawal matching cases, 
including failed rollovers, are subject to correspondence examination. 
Figure 4 provides an overview of IRS's automated enforcement activities 
for IRA transactions reported on tax returns. 

Figure 4: Overview of IRS Automated Enforcement Activities for IRA 
Rules: 

This figure is a flowchart showing the overview of IRS automated 
enforcement activities for IRA rules. 

[See PDF for image] 

Source: GAO analysis of IRS information. 

[End of figure] 

Math Error Program: 

As tax returns are processed, the Math Error program reviews 
traditional IRA deductions claimed by taxpayers for amounts higher than 
allowable limits. For example, the Math Error program tests whether a 
taxpayer claimed a deduction greater than the maximum annual 
contribution limit. The Math Error program adjusts every taxpayer 
return for which an error is found to reflect any change in the 
deduction and sends a math error notice to the taxpayer.[Footnote 43] 
From tax years 2003 through 2006, IRS issued thousands of math error 
notices annually to taxpayers misreporting deductions on their 
traditional IRAs. IRS continues to use the Math Error program because 
IRA math errors must be resolved to process tax returns and adjust the 
tax liability so that taxpayers are in compliance. 

In May 2007, IRS officials told us that the Math Error program would 
discontinue age-based tests for traditional IRA contribution deductions 
because IRS does not have authority to use the Math Error program for 
IRA age rules.[Footnote 44] Starting in 2003, IRS used Social Security 
Administration age data during initial return processing to test 
taxpayers claiming traditional IRA contribution deductions. This up- 
front check allowed IRS to implement the higher contribution limit for 
taxpayers age 50 and over and also to check the lower limit allowed for 
taxpayers below age 50. For example, for tax year 2004, a taxpayer 
below age 50 could contribute up to $3,000 and a taxpayer age 50 or 
over could contribute up to $3,500. For 2007, the Math Error program 
will test that no taxpayer exceeds the highest limit allowed. 

Automated Underreporter Program: 

Whereas the Math Error program checks for conspicuous errors in the 
taxpayer's return, the AUR program compares information reported on the 
individual tax return with third-party information reported by 
financial institutions for individual taxpayers. The AUR program 
creates an inventory of potential cases by matching taxpayer return 
data with the information return file to verify that all income and 
deductions are reported accurately. An underreporter case results when 
computer analysis detects a discrepancy between the tax return and the 
information returns. Because of resource constraints, IRS officials 
said that they do not contact taxpayers in all cases where the AUR 
program finds a mismatch between what was reported on an information 
return and what was reported on a tax return. If a mismatch occurs over 
a certain tax threshold, IRS decides if the mismatch warrants a notice, 
asking the taxpayer to explain the discrepancies, such as when a 
taxpayer inadvertently fills in the wrong line on the tax return, or 
pay any taxes assessed. AUR reviewers are directed to consider the 
reasonableness of the taxpayers' responses to notices but generally do 
not examine the accuracy of the information in the responses because 
they do not have examination authority. 

For tax year 2001, AUR contacts represented about 2 percent of the 
noncompliant taxpayers estimated by NRP of either taking an ineligible 
deduction or overdeducting contributions for traditional IRAs, with 
about 9,000 taxpayers assessed by the AUR program compared with nearly 
555,000 taxpayers estimated by NRP.[Footnote 45] For tax year 2004, the 
last full year for which data are available, of 25,000 mismatches for 
taxpayers potentially ineligible for the contribution deduction, IRS 
assessed additional taxes of $7 million for nearly 9,000 taxpayers. Of 
about 85,000 mismatches for taxpayers who potentially overdeducted 
their traditional IRA contributions, the AUR program assessed 
additional taxes of $16.2 million for about 15,000 taxpayers for tax 
year 2004. Table 5 shows the numbers of taxpayers and total additional 
taxes assessed for misreported traditional IRA deductions for tax years 
2001 to 2004. The AUR program does not necessarily work these IRA cases 
on a stand-alone basis and may pursue potential IRA deduction 
misreporting along with other discrepancies for taxpayers in the AUR 
inventory. 

Table 5: Total Additional Taxes and Taxpayers Assessed by IRS's 
Automated Underreporter Program on Select Contribution and Distribution 
Rules for Traditional IRAs, Tax Years 2001-2004: 

Dollars in millions. 

Tax year: 2001; 
Ineligible for deduction: Amount: $4.4; 
Ineligible for deduction: Taxpayers assessed: 5,792; 
Overdeduction of contribution: Amount: $3.8; 
Overdeduction of contribution: Taxpayers assessed: 3,218; 
Early distribution penalty: Amount: $20.3; 
Early distribution penalty: Taxpayers assessed: 5,517. 

Tax year: 2002; 
Ineligible for deduction: Amount: 5.9; 
Ineligible for deduction: Taxpayers assessed: 5,810; 
Overdeduction of contribution: Amount: 10.9; 
Overdeduction of contribution: Taxpayers assessed: 10,175; 
Early distribution penalty: Amount: 79.4; 
Early distribution penalty: Taxpayers assessed: 41,962. 

Tax year: 2003; 
Ineligible for deduction: Amount: 8.8; 
Ineligible for deduction: Taxpayers assessed: 12,269; 
Overdeduction of contribution: Amount: 14.6; 
Overdeduction of contribution: Taxpayers assessed: 14,128; 
Early distribution penalty: Amount: 71.1; 
Early distribution penalty: Taxpayers assessed: 45,582. 

Tax year: 2004; 
Ineligible for deduction: Amount: 7.0; 
Ineligible for deduction: Taxpayers assessed: 8,687; 
Overdeduction of contribution: Amount: 16.2; 
Overdeduction of contribution: Taxpayers assessed: 15,088; 
Early distribution penalty: Amount: 61.1; 
Early distribution penalty: Taxpayers assessed: 37,900. 

Source: IRS. 

Notes: Data are from the AUR program. Tax year 2005 data are not 
complete. The AUR program also enforces taxable distributions from 
traditional IRAs, but those data are included with distributions from 
other qualified retirement plans. Larger-value early distribution cases 
for tax years 2001 and beyond were worked by Correspondence 
Examinations. Tax assessments for each category are independent from 
each other and are not double counted. 

[End of table] 

We could not isolate the AUR data on additional taxes assessed on 
taxpayers who misreported distributions from traditional IRAs because 
those data are combined with misreporting of taxable distributions from 
other retirement plans. The AUR program does, however, capture separate 
data for taxpayers who misreported early distributions from their 
traditional IRAs. In tax year 2004, of about 420,000 mismatches, the 
AUR program assessed taxes against about 38,000 taxpayers. As shown in 
table 5, the AUR program assessed total taxes and penalties of $61.0 
million on taxpayers who misreported early distributions from 
traditional IRAs in that year.[Footnote 46] In addition to those cases 
with assessments, the AUR program follows up with taxpayers on some 
cases where the Form 1099-Rs filed by custodians reported that no known 
penalty exception applies for an early distribution. According to a 
financial industry organization representative we interviewed, 
custodians play a limited role in reporting whether an exception 
applies because a custodian may not know why a taxpayer took a 
distribution and is not in a position to validate exceptions reported 
by the taxpayer. 

IRS is considering a new compliance initiative that could alert more 
taxpayers about their misreported IRA transactions. According to IRS 
compliance officials, when fully implemented a new AUR "soft notice" 
program would send letters to many taxpayers in the AUR inventory 
asking them to voluntarily fix their noncompliance by filing amended 
returns, or to not repeat the action the following year. A soft notice 
requires a taxpayer to take minimal actions and is intended to educate 
and stimulate compliance without IRS having to invest substantial 
resources. With phased rollout proposed to begin in fiscal year 2009, 
many taxpayers detected by the AUR program as misreporting traditional 
IRA deductions or distributions could ultimately receive soft notices 
under this proposal. 

Correspondence Examinations: 

For taxpayers who withdraw large amounts from their traditional IRAs 
before retirement age, a division under Correspondence Examinations 
handles larger AUR matching cases involving the additional 10 percent 
penalty and taxes due on early distributions. Through Correspondence 
Examinations, IRS can determine if taxpayers qualified for a penalty 
exception using some automated filters. For example, IRS employees can 
filter out early distribution exceptions for disability using 
information reported on Form 1099-R or the issuance of Form 1099-SSA. 
Correspondence Examinations may also ask the taxpayer for further 
documentation of an exception claimed. In fiscal year 2004, 20,771 
taxpayers agreed with the proposed assessments for an average tax 
change of $1,313. 

One aspect of IRA noncompliance detected through the early distribution 
rule check by Correspondence Examinations is failed rollovers. 
Taxpayers have the option to withdraw funds from one traditional IRA 
and roll them over to another traditional IRA. If the taxpayer fails to 
complete a rollover at all and is under age 59½, Correspondence 
Examinations will treat the withdrawn funds as an early distribution 
and the taxpayer is subject to the 10 percent penalty. An examiner may 
detect a late rollover in a case where a taxpayer provides additional 
documentation showing the dates of the distribution and the subsequent 
deposit. 

Field Examinations: 

Beyond systematic checks through its automated programs, IRS can also 
address IRA noncompliance through its field examination program. 
According to IRS examination officials, issues related to IRA 
transactions may surface when an examiner is working an examination 
case. For example, an examiner could uncover underreported income from 
an IRA distribution during a probe of a taxpayer's reported income or 
determine that a taxpayer failed to complete a rollover within the 60- 
day limit. According to examination officials, an examiner may also 
revisit traditional IRA eligibility if an examination results in other 
adjustments to the taxpayer's income. 

Complexity Underlies the Challenges That Taxpayers Face in Complying 
with IRA Rules, and Some Options Could Bolster IRS Service While Other 
Options Would Require Legislative Change: 

In using traditional and Roth IRAs to save for their own retirement, 
taxpayers face challenges in figuring how much they can contribute, 
navigating the various distribution rules, and moving their IRAs 
between custodians. Complexity of IRA rules was cited as the 
overarching contributor to challenges facing taxpayers and IRS in 
ensuring compliance with IRA rules by IRS officials, IRA custodians, 
and financial planners we interviewed. Table 6 highlights some 
challenges that taxpayers face with specific IRA rules. Representatives 
of financial firms and advisors we interviewed identified some options 
for IRS to clarify IRA guidance or offer additional IRA service 
activities.[Footnote 47] Some options to reduce IRA rule complexity 
would require changing the laws governing IRA contributions and 
distributions. 

Table 6: Taxpayer Challenges in Complying with Key IRA Rules: 

Key IRA rules:  Contributions: Annual contribution limit; 
Challenges for taxpayers: Some taxpayers may not understand that the 
annual contribution limit applies across both traditional and Roth 
IRAs. 

Key IRA rules:  Contributions: Income eligibility for traditional IRA 
deduction and Roth IRA contribution; 
Challenges for taxpayers: Some taxpayers' year- end modified AGI 
exceeds the income eligibility limit after they already made their 
contributions; Some taxpayers with modified AGI in phaseout ranges near 
the income limits make mistakes in calculating the partial amount for 
their eligible traditional IRA deduction or Roth IRA contribution. 

Key IRA rules:  Contributions: Pension participation rules for 
traditional IRA contribution deduction; 
Challenges for taxpayers: Some taxpayers participating in employer 
pension plans make mistakes in calculating the deductible portion of 
any traditional IRA contributions; Some taxpayers are unaware that 
their employers made contributions to their employer-sponsored 
retirement plans until they receive their W-2s in January, after having 
already made their IRA contributions. 

Key IRA rules:  Contributions: Recordkeeping for nondeductible 
traditional IRA contributions; 
Challenges for taxpayers: Some taxpayers fail to track the taxable 
basis for nondeductible contributions over time, and some could end up 
paying taxes on their full distributions rather than the taxable 
portion. 

Key IRA rules: Distributions: Taxable withdrawals from traditional 
IRAs; 
Challenges for taxpayers: Some taxpayers fail to report traditional IRA 
distributions, which are generally taxable, on their tax returns. 

Key IRA rules: Distributions: Early withdrawals subject to penalty; 
Challenges for taxpayers: Some taxpayers may get confused over which 
exceptions for early withdrawals are not subject to penalty, in part 
because the exceptions differ for IRAs and employer plans; Some 
taxpayers may make mistakes in figuring out the taxes due on early 
distributions from Roth IRAs during the 5-year holding period. 

Key IRA rules: Distributions: Required minimum distribution from 
traditional IRAs; Challenges for taxpayers: Some taxpayers make 
mistakes in determining when they must start minimum distributions and 
calculating the correct amount. 

Key IRA rules: Rollovers: Sixty-day rule for tax-free rollover between 
IRAs; Challenges for taxpayers: Direct transfers between custodians are 
not available in all cases, and taxpayers make mistakes in completing 
indirect rollovers within 60 days. 

Source: GAO analysis. 

Notes: The list of challenges in this table does not represent all 
challenges mentioned to us during our audit. These challenges were 
identified through a three-part process. First, we spoke to 
representatives of financial firms and advisors to identify the range 
of challenges. We then analyzed the information gathered to identify 
challenges commonly raised by the interviewees. Using that list, we 
conducted second round interviews with the same representatives for 
reactions about the overall list. We analyzed the second round list, 
and with our knowledge of rules and IRS interviews, we identified key 
challenges. We also vetted the list with IRS and Treasury. 

[End of table] 

Challenges with IRA Contribution Rules: 

Even as IRS works to inform taxpayers about IRA contribution rules, 
some taxpayers remain confused about whether and how much they can 
contribute, according to financial industry organization and advisor 
representatives we interviewed. Some contribution rule challenges span 
both traditional and Roth IRAs, while other challenges related to 
whether a traditional IRA contribution is deductible and how to keep 
records for nondeductible contributions. 

Some taxpayers may not understand the annual limits on IRA 
contributions in part because the limits have changed over recent years 
and vary by taxpayer age. For example, the 2007 limit for both kinds of 
IRAs was $4,000 for taxpayers under age 50 and $5,000 for taxpayers age 
50 and older, and the 2008 limits are $5,000 and $6,000, respectively. 
As IRS's math error data show for tax years 2003 to 2006, some 
taxpayers try to deduct more than their legal limit for traditional IRA 
contributions. According to the Treasury Inspector General for Tax 
Administration (TIGTA), taxpayers over age 70½ continue to improperly 
claim traditional IRA deductions.[Footnote 48] Financial industry 
organization and advisor representatives we interviewed agreed that the 
annual contribution limit rule, with the amount indexed for inflation 
beginning in 2009, could confuse some taxpayers, but they did not see 
complying with the contribution limit as a major challenge. According 
to interviewees, IRS publishes the limits well ahead of when they 
become effective, and IRA custodians and financial advisors reach out 
to advise taxpayers on any changes. While custodians typically would 
not accept a contribution exceeding the annual limit, a custodian would 
not know if a taxpayer contributed to other IRAs for the same tax year. 

According to some interviewees, taxpayers may be confused by the 
combined limits and some may not understand that the total limit 
applies across traditional and Roth IRAs and is not a limit for each 
type. Currently, the 2007 IRS Publication 590 discusses the total 
contribution limit in the traditional IRA chapter on page 11: "If you 
have more than one IRA, the limit applies to the total contributions 
made on your behalf to all your traditional IRAs for the year." Page 11 
also has a caution: "Contributions on your behalf to a traditional IRA 
reduce your limit for contributions to a Roth IRA. See chapter 2 for 
information about Roth IRAs." On page 60 in the Roth IRA chapter, 
traditional IRA and Roth IRA contribution limits are discussed, as 
follows: "If contributions are made to both Roth IRAs and traditional 
IRAs established for your benefit, your contribution limit for Roth 
IRAs generally is the same as your limit would be if contributions were 
made only to Roth IRAs, but then reduced by all contributions for the 
year to all IRAs other than Roth IRAs. Employer contributions under a 
SEP or SIMPLE IRA plan do not affect this limit." Even though the 
publication explains the rule separately in each chapter, we believe 
the various statements could be confusing to some taxpayers, 
particularly those who may not read both chapters. According to IRS 
officials we interviewed, other options to help clarify the guidance 
about the rule could include repeating the total contribution limit in 
the general reminder section up front in Publication 590 as well as on 
the IRS Web site and in other IRS outreach materials. For example, IRS 
included a reminder about the total contribution limit in its summer 
2008 employer plans newsletter for tax practitioners, and IRS could 
include a similar reminder in the annual press release announcing the 
new contribution limits for the upcoming year. 

Income eligibility rules are a challenge for both traditional and Roth 
IRAs. Taxpayers over certain income limits cannot contribute to a Roth 
IRA and cannot deduct traditional IRA contributions.[Footnote 49] 
Interviewees also said that one reason taxpayers may be ineligibly 
contributing is because their year-end modified AGI exceeds the 
eligibility limit after they have already made the contribution. In 
addition, taxpayers must determine their partial deduction amounts if 
their modified AGI falls within certain phaseout ranges near the income 
limit for eligibility. The phaseouts, thus, introduce opportunities for 
some taxpayers to err by overdeducting their traditional IRA 
contributions or overcontributing to a Roth IRA. IRA contributions 
errors can contribute to the gross tax gap. For example, for tax year 
2004, IRS's AUR program assessed $23.2 million in additional tax on 
nearly 24,000 taxpayers who overdeducted or ineligibly deducted 
traditional IRA contributions. 

Interviewees generally agreed that the pension participation rule is a 
major challenge for taxpayers trying to determine their eligibility for 
a traditional IRA contribution deduction. Taxpayers who are single, 
heads of households, or qualifying widows/widowers and married couples 
not covered by any employer retirement plan are eligible for the full 
deduction regardless of income. Interviewees said that taxpayers might 
be ineligibly contributing because they are unaware that their 
employers made contributions to their employer-sponsored retirement 
plans until they receive their W-2s in January, after having already 
made their IRA contributions. According to some interviewees, some 
taxpayers may not understand the definition of "active 
participant."[Footnote 50] One representative suggested that the 
definition for active participant in an employer-sponsored plan could 
be clarified to reduce confusion among employers and taxpayers and to 
ensure that employers mark the W-2 correctly. However, an IRS official 
knowledgeable about employer plans said that the W-2 guidance details 
how employers are to handle the W-2 checkbox. In turn, individuals need 
to know their participation status but not the full rule. According to 
the official, individuals receive a breadth of benefit information when 
hired, and they simply may not remember that they are enrolled in their 
new employer's retirement plan until they receive their W-2s. 

When a taxpayer contributes to a Roth IRA when he or she is ineligible 
because of filing status or the modified AGI limits, one way to correct 
the ineligible contribution and avoid the 6 percent penalty is to 
recharacterize. However, the recharacterization process--treating a 
contribution made to an IRA as having been made to a different IRA type 
and transferring the amount between IRAs--can be confusing for 
taxpayers, according to representatives we interviewed.[Footnote 51] To 
avoid possible errors and the burden of recharacterization, taxpayers 
could, for example, wait until they receive their 2008 W-2s to check 
their 2008 income eligibility and retirement plan coverage and then 
make their eligible 2008 IRA contributions by April 15, 2009. However, 
some taxpayers may not want to wait until the end of the year to make 
contributions and forgo the accruals on that year's contribution. Some 
interviewees suggested basing eligibility on the previous year's 
modified AGI, which taxpayers would already know and could then use to 
better plan their contributions over the upcoming year and avoid 
contribution errors.[Footnote 52] 

Nondeductible contributions to traditional IRAs pose their own 
challenges for taxpayers because of recordkeeping needs. Interviewees 
said that taxpayers may find it difficult or forget to track the basis 
of nondeductible contributions over time in part because these 
contributions do not appear on the Form 1040. They added that taxpayers 
who did not complete the supplemental Form 8606 to track their 
nondeductible contributions may find it challenging to determine the 
taxable amount of their distribution. Some may potentially pay tax on 
the full distribution amount rather than their taxable basis, while 
others face the burden of trying to locate the information needed to 
determine the taxable amount and filing an amended return. 
Representatives suggested that taxpayers may need more IRS help to 
understand how to report and track nondeductible contributions to 
traditional IRAs. Suggested options include clarifying the tax return 
and Form 8606 and related guidance on tracking the basis for 
nondeductible contributions, conducting research to determine where 
taxpayer errors are occurring and developing corrective actions, and 
implementing a minimum threshold for requiring basis calculation to 
reduce taxpayer burden in making complicated calculations for small 
distribution amounts. 

Challenges with IRA Distribution Rules: 

On the distribution end, some taxpayers may be confused about which IRA 
distributions are taxable or subject to penalty, and older taxpayers in 
particular may not understand when they must begin required minimum 
distributions from traditional IRAs. Financial industry organization 
and advisor representatives we interviewed agreed that IRA distribution 
rules pose challenges for taxpayers trying to navigate on their own 
without the help of a tax advisor. As more people contribute and roll 
over pension amounts to IRAs and the population ages, more taxpayers 
will have to figure out how to navigate IRA distribution rules. Whereas 
taxpayers can undo various contribution errors, distribution errors 
cannot be undone and can trigger taxes and penalties. 

IRS's NRP estimates show that about 15 percent of those with 
traditional IRA distributions misreport their distributions. According 
to one representative we interviewed, some taxpayers initially forget 
to report traditional IRA distributions to IRS in part because 
retirement income is not taxable in some states. Other taxpayers make 
mistakes in determining the taxable portion of their distributions 
because of their original failure to track the basis for nondeductible 
contributions. Interviewees viewed Roth IRAs as less challenging for 
taxpayers because these distributions are generally tax-free in 
retirement. 

Even though many owners plan to hold their IRAs until retirement age, 
those who take withdrawals before age 59½ face an additional 10 percent 
penalty unless they qualify for an exception. This can be a costly 
mistake, and IRS's AUR program assessed 38,000 taxpayers a total of 
$61.1 million in taxes and penalties on early withdrawals in 2004. As 
more exceptions have been added, giving individuals more latitude to 
tap their IRAs before retirement, taxpayers may be challenged to 
understand what the penalty exceptions are and that IRAs have no 
general hardship exception. 

* According to IRS officials, rule exceptions created through late or 
retroactive legislation, although meant to benefit taxpayers, can 
create challenges for IRS to timely prepare guidance and update IRA- 
related forms and publications. 

* Another interviewee said that taxpayers could be easily confused 
about how allowed exceptions to the early distribution rules differ 
between IRAs and employer-sponsored retirement plans. Interviewees 
disagreed on whether IRA early distribution rules should be conformed 
across different types of retirement plans. Some representatives said 
that differences among plans made sense, while other interviewees said 
that the complexity introduced by different rule exceptions for 
different types of retirement plans confuses taxpayers and conforming 
the early distribution rules would be beneficial. 

* One interviewee said that some taxpayers make mistakes when taking 
early distributions from Roth IRAs because qualified distributions 
within the 5-year holding period for a Roth IRA, while not subject to 
the 10 percent penalty, are still subject to taxation. Moreover, a 
taxpayer taking an early distribution from a Roth IRA has to calculate 
the taxable portion of distribution and that requires recordkeeping of 
all contributions and earnings for the account. 

* One interviewee said that taxpayers were sometimes confused about how 
custodians report reasons for early distributions to IRS on the Form 
1099-R. One representative suggested that Publication 590 could better 
explain to taxpayers that IRA custodians are only obligated to report 
to IRS whether an early withdrawal was taken, not whether the early 
withdrawal qualified as an exception to the 10 percent penalty rule. In 
addition, some IRA custodians suggested that to reduce taxpayer and 
custodian confusion about temporary or newly enacted qualified 
exceptions, IRS could designate a special code, such as for hurricane 
relief or charitable giving, that custodians could use to complete the 
Form 1099-R until further guidance could be developed. 

Financial industry organization and advisor representatives generally 
agreed that the required minimum distribution rule for traditional IRAs 
was particularly challenging for older taxpayers in terms of both 
determining the timing of the first distribution and calculating the 
correct amount. For example, the carryover date for the first 
distribution, April 1, does not coincide with the filing deadline of 
April 15, and some taxpayers may not realize that subsequent 
distributions must be done by December 31. To help taxpayers comply 
with the rule, in 2002 IRS issued uniform tables to simplify the 
calculation and effective for 2003 required that custodians notify 
taxpayers through a check box on the Form 5498 that the taxpayers are 
required to take a distribution in the following year. Even with the 
added service, the complexity of the required minimum distribution rule 
is challenging for taxpayers to navigate. 

* Representatives said that the age of 70½ was a confusing concept for 
taxpayers. Although IRS's tables for calculating each year's minimum 
distribution were updated in 2002 to reflect current life expectancy, 
the required beginning age of 70½ has been in place since IRAs were 
created in 1974. Although some suggested changing the required minimum 
distribution rule, one representative noted that changing the age, 
which likely benefits the taxpayer through simplification, would likely 
create some burden for financial institutions to adjust their 
information technology systems. 

* Interviewees also suggested that IRS could help taxpayers comply with 
required minimum distribution rules by developing an online tool on 
IRS's Web site to help taxpayers calculate the correct minimum 
distribution amounts or directly notifying taxpayers approaching age 
70½ that they will be subject to the required minimum distribution 
rule. 

* Some representatives we interviewed expressed concern that the 50 
percent penalty on minimum distributions not taken was harsh and that 
taxpayers may not understand how to request that IRS waive the penalty 
for reasonable errors. Through tax year 2004, IRS directed taxpayers to 
pay the penalty first and then request a waiver to get the penalty 
refunded. In tax year 2005, IRS dropped the requirement for a taxpayer 
to pay first to request a waiver. For tax year 2007, IRS revised the 
instructions for Form 5329--the form for reporting additional taxes due 
on IRAs and other tax-favored accounts--to clarify that a taxpayer is 
to provide documentation explaining the issue and does not have to pay 
the penalty in advance to request a waiver. 

* Whereas IRA custodians provide educational assistance and notice to 
the original taxpayer that the required minimum distribution rule 
applies for the coming year, beneficiaries inheriting IRAs are likely 
to be less prepared to deal with required distributions. According to 
interviewees, taxpayers do not always keep beneficiary information up- 
to-date, and both taxpayers and their advisors are learning the 
different distribution rules for IRAs inherited by spouses versus other 
beneficiaries. 

Challenges with IRA Rollover Rules: 

Interviewees said that some taxpayers may face challenges when they 
periodically rollover their IRAs or transfer money from a pension plan 
or an IRA into another IRA. Transfers--where IRA funds are shifted 
directly from one IRA custodian to another--are not always available, 
and taxpayer mistakes in completing rollovers--where the taxpayer 
receives a distribution from the first IRA and must contribute the 
amount to a new IRA--can trigger taxes and penalties. Failed rollovers 
are subject to the 10 percent early withdrawal penalty if the taxpayer 
is under age 59½ and the taxpayer's retirement savings would no longer 
be eligible for tax-preferred treatment. As increasing amounts of 
pension assets are rolled over into IRAs, more taxpayers may experience 
challenges when moving money between accounts. 

* For transfers between financial institutions, some taxpayers may face 
a challenge in that not all financial institutions offer this option or 
are able to systematically handle trustee-to-trustee transfers. The 
automated system that mutual fund companies use to transfer assets 
differs from the system brokers use to transfer securities, according 
to these representatives. They added that system enhancements are being 
explored, but currently, transfer options may be limited for some 
taxpayers who wanted to directly transfer IRA assets. 

* Interviewees also pointed out that some taxpayers preferred not to 
directly transfer their IRAs in part because some may want to use the 
funds as a temporary loan during the 60-day window in which they are to 
complete a rollover. This situation can be problematic, according to 
some representatives, because taxpayers might cash out their funds or 
miss the deadline to complete the rollover. Other interviewees said 
that the 60-day rollover window benefits taxpayers and may increase 
savings because it makes assets seem more accessible, which may 
alleviate some apprehension about setting assets aside in the IRA. 
Taxpayers who miss the 60-day window may qualify for an automatic 
waiver for custodian mistakes in depositing funds or providing 
erroneous advice. Others can pay to request a private letter ruling 
from IRS to waive the deadline, but IRS has typically not granted 
waivers for taxpayers who knew or should have known of the 60-day 
deadline but had no intention of rolling over the funds by the 
deadline. 

Options Include Enhanced IRS Service to Help Taxpayers Better 
Understand IRA Rules and Regulatory or Legislative Changes to Simplify 
Some IRA Rules: 

To address the various challenges facing taxpayers in complying with 
IRA rules, options suggested by interviewees and others ranged from 
improvements in IRS service to help taxpayers better understand the 
current rules to broader regulatory and legislative changes to simplify 
the rules governing IRAs. 

Enhancing IRS's taxpayer service efforts, such as clarifying and 
revising IRS Publication 590, could help strengthen compliance with IRA 
rules by helping taxpayers better understand the rules and avoid 
unintentional errors. However, these efforts are not easily assessed in 
terms of their effect on improving compliance. IRS officials said that 
even though they are able to receive some feedback from customers about 
how to improve IRA-related forms and publications, they added that it 
was hard to gather data on their effectiveness, especially when changes 
are constantly being made. Financial representatives and others we 
interviewed suggested additional opportunities to clarify guidance and 
offer new tools to help taxpayers with challenging IRA rules. As 
recommended by TIGTA, IRS plans to clarify the IRA deduction worksheet 
to instruct taxpayers over age 70½ that they cannot claim the 
deduction. As discussed above, IRS could do more to help taxpayers 
better understand that the total contribution limit applies across 
traditional and Roth IRAs and is not a limit for each IRA type. 

IRS also could explore developing new tools to aid taxpayers in 
complying with complex IRA rules. For the required minimum distribution 
rule, interviewees suggested that IRS offer an online calculator. IRS 
officials cautioned that offering an online calculator is not cost 
free, estimating that developing the tool could cost about $250,000. 
Another option could be to expand custodian reporting--beyond simply 
requiring custodians to notify taxpayers that they are subject to the 
distribution rule--to requiring that custodians calculate and report 
the minimum distribution amount per account. Options requiring 
additional reporting by IRA custodians could improve information 
available to help taxpayers comply with IRA rules and to help IRS 
detect noncompliance, but such options pose trade-offs in terms of the 
added reporting burden for those parties and costs for IRS to use the 
information. 

Beyond improved IRS service to help educate taxpayers about current IRA 
rules, financial representatives and advisors we interviewed frequently 
mentioned simplifying IRA rules through legislative changes as an 
option to strengthen taxpayer compliance. While not an easy task, 
simplification could help prevent unintentional taxpayer errors and 
allow fewer opportunities to hide intentional noncompliance. Modifying 
the IRA rules, while intended to benefit taxpayers, could also create 
unintended confusion. 

* Interviewees said that the Pension Protection Act of 2006 provision 
allowing charitable contributions of up to $100,000 to be made directly 
from IRAs to charities as tax-free distributions raised many questions 
from IRA owners and custodians, as well as charities, about how to 
implement the transaction, since the provision had become effective 
before IRS could develop guidance and was due to expire in 2007. 

* Another option--basing IRA eligibility on the previous year's 
modified AGI--may place a burden on taxpayers to track their modified 
AGI from the previous year, pose a challenge to IRS to match taxpayer 
information across years through its automated systems, and introduce 
additional confusion by deviating from other retirement plan rules, 
which use current year data. While some interviewees favored this 
option, one interviewee expressed concern that this change could 
introduce situations where some taxpayers may be unable to contribute 
to any retirement plan for that year.[Footnote 53] 

Broad IRA legislative options, such as eliminating limits on income 
eligibility for traditional IRA contribution deductions or Roth IRA 
contributions or eliminating the required minimum distribution rule, 
could greatly simplify the rules for some taxpayers, such as older 
taxpayers who do not need to draw down their IRAs to pay for retirement 
needs. Such options, however, would certainly reduce federal revenue 
and with no certainty that more people would take advantage of IRAs to 
save for retirement.[Footnote 54] 

A full evaluation of options to simplify the taxation of retirement 
savings is beyond the scope of this report, which focuses on the 
challenges taxpayers face with the current key rules for traditional 
and Roth IRAs. The National Taxpayer Advocate has suggested simplifying 
the rules across IRAs and employer pension plans to reduce complexity 
and encourage participation.[Footnote 55] In 2004, the National 
Taxpayer Advocate's Annual Report to Congress recommended that 
retirement savings provisions be simplified. The report cited that the 
various types of retirement savings vehicles, while intended to help 
taxpayers save for retirement, also created complexity and redundancy 
in the tax law because of their different rules regulating eligibility, 
contribution limits, withdrawals, and other transactions. Another 
approach is to reexamine traditional and Roth IRA rules in the context 
of broader tax reform when considering fundamental decisions about how 
to make tax investment and saving.[Footnote 56] 

Conclusions: 

The volume and complexity of IRA rules create a maze where taxpayers 
may intentionally or unintentionally wander out of compliance with the 
rules, triggering taxes and penalties. As more taxpayers take advantage 
of IRAs to contribute funds for retirement or preserve pension 
rollovers, and with an aging population beginning to tap their 
retirement savings, taxpayers will encounter growing challenges in 
complying with the myriad of IRA rules. Sustained attention to taxpayer 
service and education will be key to helping taxpayers comply with IRA 
rules and avoid unnecessary penalties on distributions before 
retirement age or late distributions for older taxpayers owning 
traditional IRAs. IRS's service efforts, such as Publication 590, have 
been a positive step toward strengthening taxpayer compliance. 
Nevertheless, those using IRAs make basic mistakes in figuring out how 
much to contribute and how much in taxes they may owe on distributions. 

To address the challenges taxpayers face with do-it-yourself retirement 
saving using IRAs, IRS has some opportunities to clarify its IRA 
guidance and possibly offer new tools to help taxpayers stay on a 
compliant path. Even with added IRS service for taxpayers, some IRA 
rules, notably the required minimum distribution rule, may need 
legislative or regulatory simplification to best help taxpayers 
navigate their way. Broader options to simplify IRA contribution and 
distribution rules have implications for both federal revenue and 
taxpayer choice for tax-preferred retirement saving, and policymakers 
could consider IRA rule changes in the context of broader tax reform. 

Recommendations for Executive Action: 

To help address the challenges facing taxpayers in complying with IRA 
rules, we recommend that the Commissioner of Internal Revenue take the 
following two actions: 

* Clarify guidance and outreach materials to help taxpayers better 
understand that the combined IRA contribution limit applies across all 
traditional and Roth IRAs. 

* Identify administrative options to improve compliance with the 
minimum required distribution rule, including additional taxpayer 
guidance or information reporting, and work in consultation with 
Treasury on regulatory or legislative strategies to strengthen 
compliance with the rule. 

Agency Comments: 

In comments on a draft of this report (which are reprinted in app. 
III), IRS said that our report fairly represents the rules and 
challenges that apply to IRAs and that IRS is committed to providing 
clear information to taxpayers about IRA rules. IRS agreed to take 
actions consistent with both of our recommendations. Specifically, IRS 
will continue to find opportunities to provide taxpayers with a better 
understanding of the combined limit rule and explore ways to improve 
compliance with the required minimum distribution rule, including 
working with Treasury or seeking legislative options. Treasury provided 
technical comments on a draft of this report, which we incorporated as 
appropriate. 

As agreed with your offices, unless you publicly announce its contents 
earlier, we plan no further distribution of this report until 30 days 
from its issue date. At that time, we will send copies to the Chairman 
and Ranking Member, House Committee on Ways and Means; the Secretary of 
the Treasury; the Commissioner of Internal Revenue; and other 
interested parties. We will also make copies available to others upon 
request. In addition, this report will be available at no charge on the 
GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-9110 or brostekm@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in appendix IV. 

Signed by: 

Michael Brostek: 
Director, Tax Issues Strategic Issues Team: 

[End of section] 

Appendix I: Scope and Methodology: 

The objectives of this report are to (1) provide an overview of key 
individual retirement account (IRA) contribution, distribution, and 
other rules and describe how the Internal Revenue Service (IRS) 
educates taxpayers on these rules; (2) describe what IRS knows about 
the extent of noncompliance for IRA transactions reported on tax 
returns; and (3) describe the challenges taxpayers face with key IRA 
rules and some options to strengthen taxpayer compliance. This report 
focuses on traditional and Roth IRAs set up by individuals to save on 
their own.[Footnote 57] Specifically, we relied on key rules governing 
contributions and distributions for tax-deferred traditional IRAs and 
after-tax Roth IRAs. Accordingly, we did not review every IRA rule in 
its entirety. Throughout this engagement, we relied upon IRS 
Publication 590 as our primary source for understanding traditional IRA 
and Roth IRA rules. 

Objective 1: Provide an Overview of Key IRA Contribution, Distribution, 
and Other Rules: 

To provide an overview of key IRA rules, we relied primarily on IRS 
Publication 590, which explains the rules that taxpayers are to follow 
in contributing to, and receiving distributions from, an IRA. Specific 
rules depend on account type. We also spoke with IRS and Department of 
the Treasury (Treasury) officials and reviewed reports from the 
Congressional Research Service, the Congressional Budget Office, the 
Investment Company Institute, and others. We also reviewed laws and 
regulations related to IRAs. For background about IRAs, we spoke with 
officials in the Research, Analysis and Statistics unit from Statistics 
of Income (SOI), reviewed SOI bulletin articles, and compiled 
statistics from SOI data. 

To describe how IRS educates taxpayers in complying with IRA rules, we 
reviewed relevant documents and interviewed relevant agency officials 
who were identified for us by IRS, including officials from the 
following divisions: Wage and Investment (W&I); Tax Exempt and 
Government Entities (TE/GE); and Research, Analysis and Statistics. In 
addition, we spoke with the Taxpayer Advocate Service, an independent 
office within IRS. Within W&I, we spoke with officials from Media and 
Publications, Stakeholder Partnerships Education and Communication, 
Accounts Management, and Field Assistance. Within TE/GE, we spoke with 
officials from Employee Plans. We also reviewed other guidance, such as 
the IRS Web site and various IRS publications. 

Objective 2: Describe What IRS Knows about the Extent of Noncompliance 
for IRA Transactions Reported on Tax Returns: 

To describe what IRS knows about the extent and types of taxpayer 
misreporting of IRA transaction on tax returns, we reviewed 
publications and documents, interviewed IRS officials, and used the 
2001 National Research Program (NRP)--IRS's most recent study of 
individual taxpayer compliance--to estimate the extent of taxpayer 
misreporting with traditional IRA deductible contribution rules and 
traditional IRA taxable distribution rules. Specifically, taxpayers 
report these transactions on the Form 1040 individual income tax 
return.[Footnote 58] We provide the margin of error based on 95 percent 
confidence for estimates from the NRP samples of individual tax 
returns. We also analyzed data on taxpayer misreporting supplied by the 
Math Error program and the Automated Underreporter (AUR) program. The 
Math Error program electronically checks for obvious math errors as tax 
returns are processed, and the AUR program matches taxpayer returns 
with IRA custodian-reported information.[Footnote 59] We followed our 
guidance for assessing the reliability of computerized databases in 
using these data sources, and determined that the data are reliable for 
the purposes of this engagement. 

Objective 3: Describe Challenges That Taxpayers Face with Key IRA Rules 
and Options for Strengthening Taxpayer Compliance: 

To describe the challenges taxpayers face with key IRA rules and some 
options for strengthening taxpayer compliance with these rules, we 
reviewed prior GAO reports, IRS documents from its enforcement and 
service programs that address IRA rules, and documents from other 
organizations, such as IRS Publication 590 and reports issued by 
financial industry organizations and research agencies. We also spoke 
with IRS officials and financial industry organization and advisor 
representatives knowledgeable about IRAs who provide tax planning 
advice or serve as IRA custodians to get their perspectives on 
challenges related to IRA compliance and how those challenges could be 
addressed. Specifically, we interviewed representatives from financial 
industry organizations, including the Securities Industry and Financial 
Markets Association; Investment Company Institute, which represents the 
mutual fund industry; Financial Planning Association; American Bankers 
Association; American Institute of Certified Public Accountants; and 
AARP.[Footnote 60] 

We conducted two rounds of interviews with financial industry 
organizations and advisor representatives. In our first round of 
interviews, we asked open-ended questions to obtain information about 
the range of challenges and options for strengthening compliance. 
Because we asked open-ended questions, the frequency of our 
interviewees' responses is not comparable. Therefore, we report 
responses without reporting the total number of officials or 
representatives associated with each response. After analyzing the 
information gathered to identify some common challenges raised by the 
interviewees, we used a standard set of questions in a second round of 
interviews with the representatives to try to verify responses and 
obtain additional context for the challenges and options mentioned, 
such as whether the challenges were major or frequent or whether an 
option might impose significant burden on taxpayers or IRA custodians. 
We also shared the list of challenges with IRS and Treasury to obtain 
concurrence about taxpayer challenges. Finally, we limited the 
discussion of challenges and options identified to only those related 
to the key IRA rules reviewed in this report. These challenges and 
options are not exhaustive nor are the trade-offs associated with each 
option. Many of the options are concepts, rather than fully developed 
proposals with details on how they would be implemented. 

We conducted this performance audit from March 2008 through August 2008 
in accordance with generally accepted government auditing 
standards.[Footnote 61] Those standards require that we plan and 
perform the audit to obtain sufficient, appropriate evidence to provide 
a reasonable basis for our findings and conclusions based on our audit 
objectives. We believe that the evidence obtained provides a reasonable 
basis for our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: IRS Forms Used to Report Individual Retirement Account 
Information: 

Table 7: 

Form number: 1040 & 1040A; 
Prepared by: Account owner; 
Submitted to: IRS; 
Copied to: NA; 
Purpose related to IRAs: To report: 
* Deductible contributions to a traditional IRA from Form 5498 (1040 
line 32, 1040A line 17),; 
* Summary of distribution information from Form 8606 or Form 1099-R 
(1040 line 15, 1040A line 11),; 
* Additional tax on an IRA (1040 line 60; from Form 5329),; 
* Retirement savings contribution credit from Form 8880 (1040 line 51, 
1040A line 32), or; 
* Taxable compensation from Form W-2 (1040 and 1040A line 7). 

Form number: 8606; 
Prepared by: Account owner; 
Submitted to: IRS; 
Copied to: NA; 
Purpose related to IRAs: To report one of four actions taken during the 
year: 
* Nondeductible contribution to traditional IRA (Part I); 
* Distribution from a Simplified Employee Pension (SEP) or Savings 
Incentive Match Plan for Employees (SIMPLE) IRA or a traditional IRA 
with basis greater than zero (Part I); 
* Conversions from traditional, SEP, or SIMPLE IRA to a Roth IRA (Part 
II); 
* A distribution from a Roth IRA (Part III); Summary information is 
reported on 1040 line 15 or 1040A line 11; The penalty for not filing 
an 8606 when required is $50. The penalty for overstating a 
contribution is $100. 

Form number: 5329; 
Prepared by: Account owner; 
Submitted to: IRS; 
Copied to: NA; 
Purpose related to IRAs: To report additional tax related to an IRA 
being paid because of; 
* Early, unexpected, distribution from an IRA (Part I);; 
* Excess contribution made to a traditional or Roth IRA.(Parts III & 
IV); or; 
* Excess accumulation in an IRA for account holders subject to minimum 
required distributions (Part VIII); Summary information is reported on 
1040 line 60. 

Form number: 8880; 
Prepared by: Account owner; 
Submitted to: IRS; 
Copied to: NA; 
Purpose related to IRAs: For lower-income taxpayers to claim a tax 
credit of up to 50 percent of their contribution to a traditional or 
Roth IRA (8880 line 1). Summary information is reported on 1040 line 51 
or 1040A line 32. 

Form number: W-4P; 
Prepared by: Account owner; 
Submitted to: Financial institution; 
Copied to: NA; 
Purpose related to IRAs: To request no withholding or additional 
withholding on distributions from a traditional IRA (other than 
eligible rollover distributions). 

Form number: W-2; 
Prepared by: Employer; 
Submitted to: IRS; 
Copied to: Wage earner, Social Security Administration, state/local tax 
department; 
Purpose related to IRAs: To document the following: 
* Earned income (Box 1). Money to be contributed to an IRA must come 
out of taxable compensation; 
* Whether the taxpayer is covered by an employer- sponsored retirement 
plan (Box 13), which affects deductibility for a traditional IRA; Box 1 
taxable compensation is reported on 1040 and 1040A line 7. 

Form number: 1099-R; 
Prepared by: Financial institution; 
Submitted to: IRS; 
Copied to: Account owner, state/local tax department; 
Purpose related to IRAs: To report a distribution from an IRA to an 
account owner. Information reported includes the gross value of the 
distribution, its taxable amount, and whether any tax was withheld. The 
form also includes a distribution code that reports the type of 
distribution (normal, early with qualified exception, early without 
qualified exception, withdrawn contributions, etc.) If a distribution 
is taxable, it is reported on 1040 line 15 or 1040A line 11. 

Form number: 5498; 
Prepared by: Financial institution; 
Submitted to: IRS; 
Copied to: Account owner; 
Purpose related to IRAs: To report the fair market value and 
contribution amounts to an IRA by an account owner. Information 
reported includes the value of the contribution and its type: normal, 
rollover, Roth conversion, recharacterization, or Roth contribution. 
The form also includes a check box that indicates whether a required 
minimum distribution is due that year. Summary information is reported 
on 1040 line 32 or 1040A line 17. 

Source: GAO analysis of IRS data. 

Notes: Data are from IRS Publication 590. NA = not applicable. 

[End of table] 

[End of section] 

Appendix II: Comments from the Internal Revenue Service: 

Department Of The Treasury: 
Internal Revenue Service: 
Washington, D.C. 20224: 

Deputy Commissioner: 

July 30, 2008: 

Mr. James R. White: 
Director Tax Issues: 
Strategic Issues Team: 
United States Government Accountability Office: 
Washington, DC 20548: 

Dear Mr. White: 

We appreciate the opportunity to comment on the Government 
Accountability Office's draft report on: Individual Retirement 
Accounts: Additional IRS Actions Could Help Taxpayers Facing Challenges 
in Complying with Key Tax Rules (GAO-08-654). The report fairly 
represents the rules and challenges that apply to Individual Retirement 
Accounts (IRAs) as well as the size of the IRA universe. Our comments 
are shown below: 

* The Internal Revenue Service (IRS) is committed to providing clear 
information to taxpayers about the rules that apply to traditional and 
Roth IRAs. The IRS will continue to look for opportunities to provide 
taxpayers a better understanding of the combined IRA contribution limit 
for traditional and Roth IRAs, and the required minimum distribution 
rule. 

* The IRS will consider ways to improve compliance with the IRA minimum 
distribution rule and consult with the Department of the Treasury to 
determine whether there are regulatory or legislative changes that can 
be made that would reduce noncompliance. 

Thank you for your interest in this area. If you have questions 
concerning this response, please contact Steven T. Miller, 
Commissioner, Tax Exempt and Government Entities, at (202) 283-2500. 

Sincerely, 

Signed by: 

Linda E. Stiff

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Michael Brostek, (202) 512-9110 or brostekm@gao.gov: 

Acknowledgments: 

In addition to the contact named above, MaryLynn Sergent, Assistant 
Director; Elizabeth Fan; Evan Gilman; Rob Malone; Donna Miller; Karen 
O'Conor; Cheryl Peterson; Matthew Reilly; Sam Scrutchins; Walter Vance; 
and Jennifer Li Wong made key contributions to this report. 

[End of section] 

Glossary: 

Active Participant: 

Status of an individual's participation in an employer-sponsored 
retirement plan. Typically, the employer will indicate on the 
individual's Form W-2 if the individual is an active participant by 
checking the Retirement Plan box. 

Basis: 

The accumulated nondeductible contributions in a traditional IRA. 

Compensation: 

For IRA purposes includes wages/salaries/tips, commissions, self- 
employment income, alimony, separate maintenance, and nontaxable combat 
pay. IRA contributions must come from taxable compensation received 
during the year. 

Contribution: 

An amount, subject to limits, deposited into an IRA. 

Deductible Contribution: 

A contribution that allows tax deferral on investment earnings until 
retirement distribution with an up-front tax deduction for 
contributions by eligible taxpayers depending on pension coverage and 
income. Annual contributions are subject to a total limit. 

Nondeductible Contribution: 

An after-tax contribution to a traditional IRA that is not eligible for 
up-front tax deduction. Nondeductible contributions are not subject to 
an income limit but are subject to the total limit. 

Roth Contribution: 

An after-tax contribution to a Roth IRA by eligible taxpayers. Roth IRA 
contributions are subject to a limit based on a taxpayer's income and 
filing status. 

Excess Contribution: 

A contribution made in excess of eligible amount for the year, which is 
subject to a 6 percent additional tax to penalize excess contributions. 

Conversion: 

A specific type of rollover in which funds on deposit in a traditional 
IRA are transferred to a Roth IRA. 

Distribution: 

An amount paid out from an IRA. Distributions from traditional IRAs are 
taxable subject to a recovery of basis for a nondeductible IRA, and 
Roth IRAs are generally tax-free. 

Early Distribution: 

An amount issued to an account owner from an IRA during a year in which 
the account owner has not reached age 59-½, for reasons such as cost of 
medical insurance for the unemployed or purchase or rebuilding of a 
first home. 

Eligible Rollover Distribution: 

A distribution made to an account owner that is eligible to be 
contributed via rollover to another IRA or qualified plan. 

Required Minimum Distribution: 

The minimum amount that must by distributed to an account owner each 
year beginning in the year when the account owner reaches age 70-½. The 
required minimum contribution is calculated uniquely for each account 
based on account balance and life expectancy. 

Excess Accumulation: 

A condition that occurs when an account owner is age 70-½ or older and 
does not receive distributions during the year that equal at least the 
required minimum distribution. Excess accumulations are subject to a 50 
percent penalty. 

IRA (Individual Retirement Account): 

An account for tax-deferred retirement savings that is controlled by 
individuals, not employers. The term IRA, also known as individual 
retirement arrangement, also includes individual retirement annuities. 

Roth IRA: 

An IRA that accepts after-tax contributions subject to limits and 
allows tax-free withdrawals. 

SEP IRA: 

An arrangement for an employer to make deductible contributions to a 
traditional IRA (a Simplified Employee Pension or SEP IRA) set up for 
the employee to receive contributions. Generally, distributions from 
SEP IRAs are subject to the withdrawal and tax rules that apply to 
traditional IRAs. 

SIMPLE IRA: 

An IRA that is set up to receive contributions to an employee pursuant 
to a Savings Incentive Match Plan for Employees (SIMPLE), which is 
available to qualifying small businesses. 

Traditional IRA: 

An IRA that accepts both deductible and nondeductible contributions, 
subject to limits, and makes taxable distributions. 

Modified Adjusted Gross Income (AGI): 

The income level referenced to establish eligibility for making 
contributions to a traditional IRA or a Roth IRA. This amount is 
calculated via a worksheet that is specific to the plan type to which 
the taxpayer wants to contribute. 

Phaseout Range: 

The range of modified AGI during which the eligible contribution amount 
phases down from the maximum amount to zero. 

Recharacterization: 

A process by which an ineligible contribution is moved, before the tax- 
filing deadline, to an account that is eligible to receive it. 

Rollover: 

The process by which funds on deposit in a qualified employer plan or 
another IRA are transferred to an IRA. 

Direct Rollover: 

A rollover that is transferred, tax-free, directly from one trustee to 
another with no distribution being made to the account owner. 

Trustee: 

A financial institution that maintains an account owner's IRA. 

Withholding: 

The amount held back by a trustee when a distribution is made to an 
account owner; amount of withholding depends on type of distribution. 

[End of section] 

Footnotes: 

[1] IRAs were enacted as part of the Employee Retirement Income 
Security Act of 1974 (Pub. L. No. 93-406). The term IRA, also known as 
individual retirement arrangement, also includes individual retirement 
annuities. 

[2] Victoria L. Bryant, "Accumulation and Distribution of Individual 
Retirement Arrangements, 2004," Statistics of Income Bulletin, vol. 27, 
no. 4 (Washington, D.C.: Spring 2008). 

[3] Peter Brady and Sarah Holden, "The U.S. Retirement Market, 2007," 
Research Fundamentals, vol. 17, no. 3 (Washington, D.C.: Investment 
Company Institute, July 2008). 

[4] According to estimates by the Joint Committee on Taxation, IRAs 
cost the federal government $15.5 billion in revenue losses in 2007. 

[5] Tax preferences--which are legally known as tax expenditures-- 
result in forgone revenue for the federal government. For more 
information on revenue loss measurement, see GAO, Government 
Accountability and Performance: Tax Expenditures Represent a 
Substantial Federal Commitment and Need to Be Reexamined, GAO-05-690 
(Washington, D.C.: Sept. 23, 2005). 

[6] Taxpayers ineligible for the deduction because of income 
limitations can make nondeductible contributions to take advantage of 
the deferral on investment earnings. 

[7] See GAO, National Saving: Current Saving Decisions Have Profound 
Implications for Our Nation's Future Well-Being, GAO-06-628T 
(Washington, D.C.: Apr. 6, 2006), and National Saving: Answers to Key 
Questions, GAO-01-591SP (Washington, D.C.: June 2001), for more 
information on measuring personal saving. Economists disagree about 
whether tax incentives have been or could be effective in increasing 
the overall level of personal saving. 

[8] Pub. L. No. 105-34 (1997). 

[9] For more information on employer-sponsored IRAs, see GAO, 
Individual Retirement Accounts: Government Actions Could Encourage More 
Employers to Offer IRAs to Employees, GAO-08-590 (Washington, D.C.: 
June 4, 2008). 

[10] GAO, Individual Retirement Accounts: IRS Enforces Some but Not All 
Rules, and Opportunities Exist to Strengthen Taxpayer Compliance, GAO-
07-1059SU (Washington, D.C.: Sept. 19, 2007). Designated by IRS as 
Limited Official Use Only, our September 2007 report contains two 
additional recommendations to improve IRS enforcement and research 
related to IRA rules. 

[11] This report does not address employer-based individual retirement 
arrangements, such as SEPs or SIMPLEs; SEP and SIMPLE IRAs are subject 
to different rules and guidance than traditional and Roth IRAs. 

[12] For Roth IRAs, contributions are not deductible, and distributions 
are generally tax-free and are not reported on the 1040 tax return. 

[13] The discussion of these two programs is a public version of the 
discussion in our more comprehensive September 2007 report that 
contained sensitive tax enforcement information. Specific details 
regarding the nature of these automated enforcement programs that IRS 
considered sensitive were removed. 

[14] This reflects the additional audit work performed for this report 
since our September 2007 report. 

[15] Some taxpayers may own more than one type of IRA. 

[16] For more information on IRA participation rates, see Congressional 
Budget Office, Utilization of Tax Incentives for Retirement Saving: 
Update to 2003 (Washington, D.C.: Mar. 2007). 

[17] See glossary for list of IRA terms and app. II for IRS forms 
related to IRAs. Information in glossary is from IRS Publication 590. 

[18] Eligibility based on taxpayer compensation generally includes 
wages, salaries, professional fees, bonuses, and other amounts 
taxpayers receive for providing personal services and from commissions, 
self-employment income, alimony and separate maintenance payments 
taxpayers receive, and nontaxable combat pay. Taxable compensation does 
not include earnings and profits from property, pension or annuity 
income, deferred compensation received, income from partnerships for 
which the taxpayer did not provide services that are material income- 
producing factors, and any amounts excluded from income, such as 
foreign earned income and housing costs. 

[19] Modified AGI is calculated by taking AGI and adding back certain 
items, such as foreign housing deductions and student loan deductions. 

[20] The phaseout range is the range of modified AGI during which the 
eligible deductible contribution amount phases down from maximum amount 
to zero. 

[21] In the example, the taxpayer cannot apply the 2008 contributions 
to an earlier year even if the taxpayer contributed less than the 
maximum amount in the earlier year. 

[22] Taxpayers are required to complete Form 8606 if they received a 
distribution from a traditional IRA and have ever made nondeductible 
contributions to any of their traditional IRAs. Using the form, they 
figure the nontaxable distributions for that year and their total IRA 
basis for that and earlier years. 

[23] The 5-year period begins with the first taxable year for which a 
contribution was made to the Roth IRA. Early distributions within 5 
years of contributing to the account may be subject to income and 
additional taxes. Roth IRAs held for 5 years are also tax-free if the 
distribution is (1) made because a taxpayer is disabled, (2) made to 
the beneficiary of an estate after the taxpayer's death, or (3) for the 
purchase or building of a first home. 

[24] By law, the nine exceptions for early distributions from a 
traditional IRA are for (1) unreimbursed medical expenses exceeding 7.5 
percent of AGI, (2) cost of medical insurance for the unemployed, (3) 
the disabled, (4) a beneficiary of a deceased IRA owner, (5) 
distributions in the form of an annuity or a series of substantially 
equal payments, (6) qualified higher education expenses, (7) purchase 
or building of a first home, (8) IRS levy, and (9) qualified military 
reservist distribution. See IRS Publication 590 for more on these 
exceptions for traditional and Roth IRAs. 

[25] The exception is that a taxpayer with a spouse more than 10 years 
younger can use a uniform joint life expectancy table. IRS Publication 
590 explains the minimum required distribution rule and how to use the 
life expectancy tables to calculate the minimum distribution. 

[26] Before 2006, the fee was $95. Effective February 1, 2006, the fee 
is $500 for rollovers less than $50,000, $1,500 for those $50,000 to 
less than $100,000, and $3,000 for $100,000 and larger rollovers. 

[27] The Tax Increase Protection and Reconciliation Act of 2005, Pub. 
L. No. 109-222 (2006), enacted in May 2006, removed the income 
restriction for Roth IRA conversions after December 31, 2009. The 
Pension Protection Act of 2006, Pub. L. No. 109-280 (2006), permits 
conversion to Roth IRAs from any kind of plan beginning in 2008. 

[28] This income limit for conversions was enacted in 1997. 

[29] Distributions from a traditional IRA may be partly taxable if a 
taxpayer has basis with nondeductible contributions that were already 
taxed. 

[30] The taxpayer must file Form 8606 even if no tax return was filed 
for the year, and the penalty for failure to file Form 8606 is $50. 

[31] Early distributions within the first 5 years of setting up a Roth 
IRA and before age 59½, unless an exception applies, are subject to the 
10 percent penalty. 

[32] This report focuses on what IRS knows about taxpayer misreporting 
of IRA transactions on tax returns. Our separate Limited Official Use 
Only report discusses more fully how IRS enforces key IRA rules. 

[33] NRP estimates of the number of taxpayers by unique tax returns and 
not by unique taxpayers. It is possible that within one tax return, two 
taxpayers are noncompliant. 

[34] We are 95 percent confident that from 11.8 percent to 17.8 percent 
did not accurately report their traditional IRA deductions. 

[35] Estimate has a margin of error of less than or equal to (+/-) 
124,057. 

[36] We are 95 percent confident that from 7.9 percent to 13.3 percent 
overstated their traditional IRA deductions. We are 95 percent 
confident that from 2.8 percent to 6.5 percent understated their 
traditional IRA deductions. 

[37] Dollar estimate has a margin of error of less than or equal to (+/
-) $192 million. 

[38] We are 95 percent confident that from 12.7 percent to 16.6 percent 
did not accurately report their traditional IRA distributions. 

[39] Estimate has a margin of error of less than or equal to (+/-) 
220,026. 

[40] We are 95 percent confident that from 11.8 percent to 15.7 percent 
underreported their traditional IRA distributions. We are 95 percent 
confident that from 0.5 percent to 1.4 percent overreported their 
traditional IRA distributions. 

[41] Dollar estimate has a margin of error of less than or equal to (+/
-) $2.2 billion. 

[42] This report uses IRS enforcement data to provide perspective on 
the types and magnitude of mistakes taxpayers make in reporting IRA 
transactions on their tax returns. Our separate Limited Official Use 
Only report discusses more fully how IRS enforces IRA rules. 

[43] The Internal Revenue Code (I.R.C.) does not provide taxpayers a 
right to appeal assessments under math error authority because that 
authority generally applies to obvious errors made by taxpayers on 
their returns. Instead, the math error notices inform taxpayers that 
they may file a claim asking for an abatement if they believe IRS 
erred. 

[44] I.R.C. § 6213 grants math error authority for issues such as 
calculation errors, entries that are inconsistent with or exceed 
statutory limits, various omissions of information, or incorrect use of 
an IRS table. 

[45] For misreported IRA distributions estimated by NRP, we could not 
estimate the share covered by the AUR program because IRA distribution 
data are included with distributions from other qualified plans. 

[46] This figure does not include tax assessments involving larger 
dollar value early distribution cases handled by Correspondence 
Examinations. 

[47] App. I discusses our interview methodology and the various 
financial groups we contacted. 

[48] Taxpayers over age 70½ cannot contribute to a traditional IRA but 
can contribute to a Roth IRA. TIGTA found that 1,826 taxpayers 
improperly claimed $4 million in IRA deductions in 2006 for an 
estimated loss of revenue of $601,423; in 2007, 1,693 older taxpayers 
improperly claimed more than $3.5 million in IRA deductions with an 
estimated revenue loss of $530,099. 

[49] The maximum income amounts vary across the two IRA types. See 
table 2 for traditional IRA deduction eligibility and table 3 for Roth 
IRA contribution eligibility. These tables also show the phaseout 
ranges for partial eligibility. For both IRA types, eligibility is 
limited to taxable compensation. 

[50] Active participants for a defined benefit plan include, for 
example, employees who decline to participate, those who do not perform 
the minimum service to earn a benefit, and those who are not yet 
vested. 

[51] Taxpayers who overcontribute to any type of IRA can withdraw the 
excess plus any earnings to avoid the penalty or pay the penalty and 
apply the excess amount as an IRA contribution for a later year. 
Recharacterizations, withdrawals, or carryforward to later years of 
2008 contributions generally have to be completed by the extended due 
date (including extensions) of the taxpayer's 2008 income tax return. 

[52] Extending the example, a taxpayer could use the 2008 W-2 to 
determine eligibility for 2009 IRA contributions. 

[53] Eligibility for traditional IRA contribution deduction is based on 
pension coverage and marital filing status in addition to income 
limits. 

[54] See also Thomas L. Hungerford and Jane G. Gravelle, Individual 
Retirement Accounts (IRAs): Issues and Proposed Expansion (Washington, 
D.C.: Congressional Research Service, Updated Mar. 10, 2008), and 
Thomas L. Hungerford, Saving Incentives: What May Work, What May Not 
(Washington, D.C.: Congressional Research Service, Updated Sept. 27, 
2007). 

[55] National Taxpayer Advocate, 2004 Annual Report to Congress 
(Washington, D.C.: Dec. 2004). 

[56] GAO, Understanding the Tax Reform Debate: Background, Criteria, & 
Questions, GAO-05-1009SP (Washington, D.C.: Sept. 2005). 

[57] Issues related to beneficiaries inheriting IRAs were beyond our 
scope. Also, this report does not examine employer-based individual 
retirement arrangements, such as Simplified Employee Pensions (SEP) or 
Savings Incentive Match Plans for Employees (SIMPLE); with the 
exception of required minimum distributions, SEP and SIMPLE IRAs are 
subject to different rules and guidance than traditional and Roth IRAs. 

[58] For Roth IRAs, contributions are not deductible, and distributions 
are generally tax-free and are not reported on the 1040 tax return. 

[59] The discussion of these two programs is a public version of the 
discussion in our more comprehensive September 2007 report that 
contained sensitive tax enforcement information. Specific details 
regarding the nature of these automated enforcement programs that IRS 
considered sensitive were removed. 

[60] The American Association of Retired Persons officially changed its 
name to AARP in 1999. 

[61] This reflects the additional audit work performed for this report 
since our September 2007 report. 

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