I called the TSP Thriftline. After an hour back and forth on hold with a very patient representative as she checked things out, she verified that given the scenario I laid out, I would get two Forms 1099-R as I listed in my previous post.
Code:
Box 1 Box 2a Box 4 Box 5 Box 7
For the 40K direct rollover: 40K 0 0 0 G
For the return to me of the 10K: 10K 0 0 10K 1
So my course of action is (slight change from the original):
1) Transfer (i.e. direct rollover) the entire TSP into my new employer's standard 401(k), which does not accept tax-exempt balances. Therefore, my new 401(k) will receive 40K and I will automatically be sent a check for the remaining 10K.
2) Within 60 days, place the 10K in a rollover IRA with 10K in basis.
3) File an IRS Form 8606 with my 2009 taxes. IAW Form 8606 instructions for line 2, making sure that line 2 (total basis in traditional IRAs) reflects the sum of line 14 (total basis in traditional IRAs for 2008 and earlier) of my 2008 Form 8606 and the 10K in basis.
4) In 2010, because of the lifting of the MAGI test for conversions, roll the rollover IRA into a Roth IRA (owing taxes only on any value above my 10K in basis).
To answer my original questions:
Questions:
1) Am I correct in assuming that my only taxable event will be the taxes owed on whatever value the traditional IRA has over 10K when I roll it over to the Roth IRA? (I realize that the answer would be different if I had any traditional IRAs with deductible contributions; but I don't.) Correct
2) In general what is the status of tax-exempt contributions returned to the service member and what can you do with them in relation to IRAs? (For some reason, I have never seen this addressed anywhere on the web despite extensive searching.) Tax-exempt contributions are treated the same as after-tax contributions, i.e. you have basis in them and can do anything with them that you can do with any withdrawal from a 401(K)
Disclaimer: I am neither a lawyer nor a tax advisor. If you plan to act on this information you should call the TSP and confirm it for yourself.
Ret21
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