2006—Subsec. (c)(3)(B). Pub. L. 109–280, § 824(b)(1), substituted “eligible retirement plan” for “IRA” in heading and “an eligible retirement plan (as defined by section 402 (c)(8)(B))” for “individual retirement plan” in introductory provisions. See Effective Date of 2006 Amendment note below.

Subsec. (c)(3)(C). Pub. L. 109–280, § 833(c), added subpar. (C) relating to inflation adjustment.

Subsec. (d)(3). Pub. L. 109–280, § 824(b)(2)(E), substituted “an eligible retirement plan” for “an IRA” in heading.

Subsec. (d)(3)(A). Pub. L. 109–280, § 824(b)(2)(A), substituted “sections 402 (c), 403 (b)(8), 408 (d)(3), and 457 (e)(16)” for “section 408 (d)(3)” in introductory provisions.

Subsec. (d)(3)(B). Pub. L. 109–280, § 824(b)(2)(B), substituted “eligible retirement plan (as defined by section 402 (c)(8)(B))” for “individual retirement plan”.

Subsec. (d)(3)(D). Pub. L. 109–280, § 824(b)(2)(C), (D), substituted “persons subject to section 6047 (d)(1), or all of the foregoing persons” for “or both” and inserted “or 6047” after “408(i)”.

Subsec. (e). Pub. L. 109–280, § 824(a), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: “For purposes of this section, the term ‘qualified rollover contribution’ means a rollover contribution to a Roth IRA from another such account, or from an individual retirement plan, but only if such rollover contribution meets the requirements of section 408 (d)(3). For purposes of section 408 (d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA.”

2001—Subsec. (e). Pub. L. 107–16 inserted “Such term includes a rollover contribution described in section 402A (c)(3)(A).” after first sentence.

1998—Subsec. (c)(3)(A). Pub. L. 105–206, § 6005(b)(1), substituted “shall not exceed an amount equal to the amount determined under paragraph (2)(A) for such taxable year, reduced” for “shall be reduced” in introductory provisions.

Subsec. (c)(3)(A)(ii). Pub. L. 105–206, § 6005(b)(2)(A), inserted “or a married individual filing a separate return” after “joint return”.

Subsec. (c)(3)(B). Pub. L. 105–206, § 6005(b)(2)(B)(i), inserted “, for the taxable year of the distribution to which such contribution relates” after “if” in introductory provisions.

Subsec. (c)(3)(B)(i). Pub. L. 105–206, § 6005(b)(2)(B)(ii), struck out “for such taxable year” after “gross income”.

Subsec. (c)(3)(C)(i). Pub. L. 105–206, § 7004(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “adjusted gross income shall be determined in the same manner as under section 219 (g)(3), except that any amount included in gross income under subsection (d)(3) shall not be taken into account, and”.

Pub. L. 105–206, § 6005(b)(2)(C), struck out “and the deduction under section 219 shall be taken into account” after “taken into account”.

Subsec. (c)(3)(C)(i)(II). Pub. L. 105–277 substituted “, and” for period at end.

Subsec. (d)(1). Pub. L. 105–206, § 6005(b)(5)(B), substituted “Exclusion” for “General rules” in heading and amended text generally. Prior to amendment, text read as follows:

“(A) Exclusions from gross income.—Any qualified distribution from a Roth IRA shall not be includible in gross income.

“(B) Nonqualified distributions.—In applying section 72 to any distribution from a Roth IRA which is not a qualified distribution, such distribution shall be treated as made from contributions to the Roth IRA to the extent that such distribution, when added to all previous distributions from the Roth IRA, does not exceed the aggregate amount of contributions to the Roth IRA.”

Subsec. (d)(2)(B). Pub. L. 105–206, § 6005(b)(3)(A), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “A payment or distribution shall not be treated as a qualified distribution under subparagraph (A) if—

“(i) it is made within the 5-taxable year period beginning with the 1st taxable year for which the individual made a contribution to a Roth IRA (or such individual’s spouse made a contribution to a Roth IRA) established for such individual, or

“(ii) in the case of a payment or distribution properly allocable (as determined in the manner prescribed by the Secretary) to a qualified rollover contribution from an individual retirement plan other than a Roth IRA (or income allocable thereto), it is made within the 5-taxable year period beginning with the taxable year in which the rollover contribution was made.”

Subsec. (d)(2)(C). Pub. L. 105–206, § 6005(b)(3)(B), added subpar. (C).

Subsec. (d)(3)(A). Pub. L. 105–206, § 6005(b)(4)(A), added cl. (iii) and concluding provisions and struck out former cl. (iii) which read as follows: “in the case of a distribution before January 1, 1999, any amount required to be included in gross income by reason of this paragraph shall be so included ratably over the 4-taxable year period beginning with the taxable year in which the payment or distribution is made.”

Subsec. (d)(3)(D). Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (E) as (D) and struck out heading and text of former subpar. (D). Text read as follows: “If, no later than the due date for filing the return of tax for any taxable year (without regard to extensions), an individual transfers, from an individual retirement plan (other than a Roth IRA), contributions for such taxable year (and any earnings allocable thereto) to a Roth IRA, no such amount shall be includible in gross income to the extent no deduction was allowed with respect to such amount.”

Subsec. (d)(3)(E). Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (F) as (E). Former subpar. (E) redesignated (D).

Subsec. (d)(3)(F). Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (G) as (F). Former subpar. (F) redesignated (E).

Pub. L. 105–206, § 6005(b)(4)(B), added subpar. (F).

Subsec. (d)(3)(G). Pub. L. 105–206, § 6005(b)(6)(B), redesignated subpar. (G) as (F).

Pub. L. 105–206, § 6005(b)(4)(B), added subpar. (G).

Subsec. (d)(4). Pub. L. 105–206, § 6005(b)(5)(A), substituted “Aggregation and ordering rules” for “Coordination with individual retirement accounts” in heading and amended text generally. Prior to amendment, text read as follows: “Section 408 (d)(2) shall be applied separately with respect to Roth IRAs and other individual retirement plans.”

Subsec. (d)(6). Pub. L. 105–206, § 6005(b)(6)(A), added par. (6).

Subsec. (d)(7). Pub. L. 105–206, § 6005(b)(7), added par. (7).

Subsec. (f). Pub. L. 105–206, § 6005(b)(9), added subsec. (f).

Pub. L. 109–280, title VIII, § 824(b)(1), Aug. 17, 2006, 120 Stat. 998, provided that the amendment made by section 824 (b)(1) amends this section as in effect before the Tax Increase Prevention and Reconciliation Act of 2005, Pub. L. 109–222. See below.

Pub. L. 109–280, title VIII, § 824(c), Aug. 17, 2006, 120 Stat. 999, provided that: “The amendments made by this section [amending this section] shall apply to distributions after December 31, 2007.”

Amendment by section 833(c) of Pub. L. 109–280 applicable to taxable years beginning after 2006, see section 833(d) of Pub. L. 109–280, set out as a note under section 25B of this title.

Pub. L. 109–222, title V, § 512(c), May 17, 2006, 120 Stat. 366, provided that: “The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2009.”

Amendment by Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2005, see section 617(f) of Pub. L. 107–16, set out as a note under section 402 of this title.

Amendment by Pub. L. 105–277 effective as if included in the provision of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105–206, to which such amendment relates, see section 4002(k) of Pub. L. 105–277, set out as a note under section 1 of this title.

Amendment by section 6005 (b)(1)–(7), (9) of Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.

Pub. L. 105–206, title VII, § 7004(b), July 22, 1998, 112 Stat. 833, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2004.”

Section applicable to taxable years beginning after Dec. 31, 1997, see section 302(f) of Pub. L. 105–34, set out as an Effective Date of 1997 Amendment note under section 219 of this title.