Waiver of 60-Day Rollover Requirement
Rev. Proc. 2016-47
SECTION 1. PURPOSE
This revenue procedure provides guidance concerning waivers of the 60-day
rollover requirement contained in §§ 402(c)(3) and 408(d)(3) of the Internal Revenue
Code (“Code”). Specifically, it provides for a self-certification procedure (subject to
verification on audit) that may be used by a taxpayer claiming eligibility for a waiver under
§§ 402(c)(3)(B) or 408(d)(3)(I) with respect to a rollover into a plan or individual retirement
arrangement (“IRA”). It provides that a plan administrator, or an IRA trustee, custodian,
or issuer (“IRA trustee”), may rely on the certification in accepting and reporting receipt of
a rollover contribution. It also modifies Rev. Proc. 2003-16, 2003-4 I.R.B. 359, by
providing that the Internal Revenue Service may grant a waiver during an examination of
the taxpayer’s income tax return. An appendix contains a model letter that may be used
for self-certification.
SECTION 2. BACKGROUND
.01 Sections 402(c)(3) and 408(d)(3) provide that any amount distributed from a
qualified plan or IRA will be excluded from income if it is transferred to an eligible
retirement plan no later than the 60th day following the day of receipt. A similar rule
applies to § 403(a) annuity plans, § 403(b) tax sheltered annuities, and § 457 eligible
governmental plans. See §§ 403(a)(4)(B), 403(b)(8)(B), and 457(e)(16)(B).
.02 Section 401(a)(31) requires that a plan qualified under § 401(a) provide for
the direct transfer of eligible rollover distributions. A similar rule applies to § 403(a)
annuity plans, § 403(b) tax-sheltered annuities, and § 457 eligible governmental plans.
See §§ 403(a)(1), 403(b)(10), and 457(d)(1)(C). Section 1.401(a)(31)-1, Q&A-14,
provides examples of situations in which a plan administrator may reasonably conclude
that a contribution, whether made via a direct transfer or a 60-day rollover, is a valid
rollover contribution to a § 401(a) or 403(a) plan. Several of the examples illustrate
circumstances under which a plan administrator may rely on certain certifications and
documentation that a rollover contribution that is not a direct transfer is being made no
later than 60 days following receipt.
.03 An IRA trustee reports a rollover contribution received during a year on a Form
5498, IRA Contribution Information, for that year.
.04 Sections 402(c)(3)(B) and 408(d)(3)(I) provide that the Secretary may waive
the 60-day rollover requirement “where the failure to waive such requirement would be
against equity or good conscience, including casualty, disaster, or other events beyond
the reasonable control of the individual subject to such requirement.”
.05 Under §§ 7508 and 7508A, the time for making a rollover may be postponed in