Enlarge image | Form 5305-A Do not file (Rev. April 2017) Traditional Individual Retirement Custodial Account with the Internal Department of the Treasury (Under section 408(a) of the Internal Revenue Code) Revenue Service Internal Revenue Service Name of depositor Date of birth of depositor Account number Address of depositor Check if amendment . . . ▶ Name of custodian Address or principal place of business of custodian The depositor named above is establishing a traditional individual retirement account under section 408(a) to provide for his or her retirement and for the support of his or her beneficiaries after death. The custodian named above has given the depositor the disclosure statement required by Regulations section 1.408-6. The depositor has assigned the custodial account dollars ($ ) in cash. The depositor and the custodian make the following agreement. Article I Except in the case of a rollover contribution described in section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), an employer contribution to a simplified employee pension plan as described in section 408(k), or a recharacterized contribution described in section 408A(d)(6), the custodian will accept only cash contributions up to $5,500 per year for 2013 through 2017. For individuals who have reached the age of 50 by the end of the year, the contribution limit is increased to $6,500 per year for 2013 through 2017. For years after 2017, these limits will be increased to reflect a cost-of-living adjustment, if any. Article II The depositor’s interest in the balance in the custodial account is nonforfeitable. Article III 1. No part of the custodial account funds may be invested in life insurance contracts, nor may the assets of the custodial account be commingled with other property except in a common trust fund or common investment fund (within the meaning of section 408(a)(5)). 2. No part of the custodial account funds may be invested in collectibles (within the meaning of section 408(m)) except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion. Article IV 1. Notwithstanding any provision of this agreement to the contrary, the distribution of the depositor’s interest in the custodial account shall be made in accordance with the following requirements and shall otherwise comply with section 408(a)(6) and the regulations thereunder, the provisions of which are herein incorporated by reference. 2. The depositor’s entire interest in the custodial account must be, or begin to be, distributed not later than the depositor’s required beginning date, April 1 following the calendar year in which the depositor reaches age 701/2. By that date, the depositor may elect, in a manner acceptable to the custodian, to have the balance in the custodial account distributed in: (a) A single sum or (b) Payments over a period not longer than the life of the depositor or the joint lives of the depositor and his or her designated beneficiary. 3. If the depositor dies before his or her entire interest is distributed to him or her, the remaining interest will be distributed as follows: (a) If the depositor dies on or after the required beginning date and: (i) The designated beneficiary is the depositor’s surviving spouse, the remaining interest will be distributed over the surviving spouse’s life expectancy as determined each year until such spouse’s death, or over the period in paragraph (a)(iii) below if longer. Any interest remaining after the spouse’s death will be distributed over such spouse’s remaining life expectancy as determined in the year of the spouse’s death and reduced by 1 for each subsequent year, or, if distributions are being made over the period in paragraph (a)(iii) below, over such period. (ii) The designated beneficiary is not the depositor’s surviving spouse, the remaining interest will be distributed over the beneficiary’s remaining life expectancy as determined in the year following the death of the depositor and reduced by 1 for each subsequent year, or over the period in paragraph (a)(iii) below if longer. (iii) There is no designated beneficiary, the remaining interest will be distributed over the remaining life expectancy of the depositor as determined in the year of the depositor’s death and reduced by 1 for each subsequent year. (b) If the depositor dies before the required beginning date, the remaining interest will be distributed in accordance with paragraph (i) below or, if elected or there is no designated beneficiary, in accordance with paragraph (ii) below. (i) The remaining interest will be distributed in accordance with paragraphs (a)(i) and (a)(ii) above (but not over the period in paragraph (a)(iii), even if longer), starting by the end of the calendar year following the year of the depositor’s death. If, however, the designated beneficiary is the depositor’s surviving spouse, then this distribution is not required to begin before the end of the calendar year in which the depositor would have reached age 701/2. But, in such case, if the depositor’s surviving spouse dies before distributions are required to begin, then the remaining interest will be distributed in accordance with paragraph (a)(ii) above (but not over the period in paragraph (a)(iii), even if longer), over such spouse’s designated beneficiary’s life expectancy, or in accordance with paragraph (ii) below if there is no such designated beneficiary. (ii) The remaining interest will be distributed by the end of the calendar year containing the fifth anniversary of the depositor’s death. 4. If the depositor dies before his or her entire interest has been distributed and if the designated beneficiary is not the depositor’s surviving spouse, no additional contributions may be accepted in the account. Cat. No. 11820G Form 5305-A (Rev. 4-2017) |
Enlarge image | Form 5305-A (Rev. 4-2017) Page 2 5. The minimum amount that must be distributed each year, beginning with the year containing the depositor’s required beginning date, is known as the “required minimum distribution” and is determined as follows. (a) The required minimum distribution under paragraph 2(b) for any year, beginning with the year the depositor reaches age 701/2, is the depositor’s account value at the close of business on December 31 of the preceding year divided by the distribution period in the uniform lifetime table in Regulations section 1.401(a)(9)-9. However, if the depositor’s designated beneficiary is his or her surviving spouse, the required minimum distribution for a year shall not be more than the depositor’s account value at the close of business on December 31 of the preceding year divided by the number in the joint and last survivor table in Regulations section 1.401(a)(9)-9. The required minimum distribution for a year under this paragraph (a) is determined using the depositor’s (or, if applicable, the depositor and spouse’s) attained age (or ages) in the year. (b) The required minimum distribution under paragraphs 3(a) and 3(b)(i) for a year, beginning with the year following the year of the depositor’s death (or the year the depositor would have reached age 701/2, if applicable under paragraph 3(b)(i)) is the account value at the close of business on December 31 of the preceding year divided by the life expectancy (in the single life table in Regulations section 1.401(a)(9)-9) of the individual specified in such paragraphs 3(a) and 3(b)(i). (c) The required minimum distribution for the year the depositor reaches age 701/2 can be made as late as April 1 of the following year. The required minimum distribution for any other year must be made by the end of such year. 6. The owner of two or more traditional IRAs may satisfy the minimum distribution requirements described above by taking from one traditional IRA the amount required to satisfy the requirement for another in accordance with the regulations under section 408(a)(6). Article V 1. The depositor agrees to provide the custodian with all information necessary to prepare any reports required by section 408(i) and Regulations sections 1.408-5 and 1.408-6. 2. The custodian agrees to submit to the Internal Revenue Service (IRS) and depositor the reports prescribed by the IRS. Article VI Notwithstanding any other articles which may be added or incorporated, the provisions of Articles I through III and this sentence will be controlling. Any additional articles inconsistent with section 408(a) and the related regulations will be invalid. Article VII This agreement will be amended as necessary to comply with the provisions of the Code and the related regulations. Other amendments may be made with the consent of the persons whose signatures appear below. Article VIII Article VIII may be used for any additional provisions. If no other provisions will be added, draw a line through this space. If provisions are added, they must comply with applicable requirements of state law and the Internal Revenue Code and may not imply that they have been reviewed or pre- approved by the IRS. Depositor’s signature Date Custodian’s signature Date Witness’ signature Date (Use only if signature of the depositor or the custodian is required to be witnessed.) General Instructions For more information on IRAs, including the separate IRA custodial account established required disclosures the custodian must give by the nonworking spouse. Section references are to the Internal the depositor, see Pub. 590-A, Contributions Revenue Code unless otherwise noted. to Individual Retirement Arrangements (IRAs), Specific Instructions and Pub. 590-B, Distributions from Individual Article IV. Distributions made under this Purpose of Form Retirement Arrangements (IRAs). article may be made in a single sum, periodic payment, or a combination of both. The Form 5305-A is a model custodial account Definitions distribution option should be reviewed in the agreement that meets the requirements of section 408(a) However, only Articles I Custodian. The custodian must be a bank or year the depositor reaches age 701/2 to through VII have been reviewed by the IRS. A savings and loan association, as defined in ensure that the requirements of section 408(a) traditional individual retirement account section 408(n), or any person who has the (6) have been met. (traditional IRA) is established after the form is approval of the IRS to act as custodian. Article VIII. Article VIII and any that follow it fully executed by both the individual Depositor. The depositor is the person who may incorporate additional provisions that are (depositor) and the custodian. To make a establishes the custodial account. agreed to by the depositor and custodian to regular contribution to a traditional IRA for a complete the agreement. They may include, for year, the IRA must be established no later Traditional IRA for Nonworking example, definitions, investment powers, voting than the due date of the individual’s income Spouse rights, exculpatory provisions, amendment and tax return for the tax year (excluding termination, removal of the custodian, extensions). This account must be created in Form 5305-A may be used to establish the custodian’s fees, state law requirements, the United States for the exclusive benefit of IRA custodial account for a nonworking beginning date of distributions, accepting only the depositor and his or her beneficiaries. spouse. cash, treatment of excess contributions, Do not file Form 5305-A with the IRS. Contributions to an IRA custodial account prohibited transactions with the depositor, etc. Instead, keep it with your records. for a nonworking spouse must be made to a Attach additional pages if necessary. Form 5305-A (Rev. 4-2017) |