imported post
BTW, for those interested, here's some definitive guidance from the IRS:
The first step would be to look at the rules for a qualified distribution. These rules say that if a distribution from a Roth IRA is qualified then it is not taxable. A qualified distribution is one that occurs at least five years after the individual established his/her first Roth IRA AND the distribution occurs because of one of the following four:
1) the distribution is made on or after the date on which the owner attains age 59 1/2,
2) made to a beneficiary or the estate of the owner on or after the date of the owner's death
3) is made after the owner is disabled as deigned in the Code , or
4) to use toward a first time home ( $10,000 limit)
The question then becomes, “ How is a nonqualified distribution taxed?”. This is addressed in the Final Roth IRA regulations (treasury Regulations), specifically Treas Reg § 1.408A-6, Q&A-4:
Q-4. How is a distribution from a Roth IRA taxed if it is not a qualified distribution?
A-4. A distribution that is not a qualified distribution, and is neither contributed to another Roth IRA in a qualified rollover contribution nor constitutes a corrective distribution, is includible in the owner's gross income to the extent that the amount of the distribution, when added to the amount of all prior distributions from the owner's Roth IRAs (whether or not they were qualified distributions) and reduced by the amount of those prior distributions previously includible in gross income, exceeds the owner's contributions to all his or her Roth IRAs. For purposes of this A-4, any amount distributed as a corrective distribution is treated as if it was never contributed.
Then , take a look at Treas Reg § 1.408A-6, Q&A-8, which states
Q-8. How is it determined whether an amount distributed from a Roth IRA is allocated to regular contributions, conversion contributions, or earnings?
A-8.
(a) Any amount distributed from an individual's Roth IRA is treated as made in the following order (determined as of the end of a taxable year and exhausting each category before moving to the following category) —
(1) From regular contributions;
(2) From conversion contributions, on a first-in-first-out basis; and
(3) From earnings.
(b) To the extent a distribution is treated as made from a particular conversion contribution, it is treated as made first from the portion, if any, that was includible in gross income as a result of the conversion.
Once again,these are the
ORDERING RULES I have been trying to emphasize time and time again. Itcan allbe summed up at:
http://www.investopedia.com/articles/retirement/03/030403.asp
God Bless