SEPP Distribution questions – 72t

I have a client who wants to retire early. Both spouses are age 49. All of their assets are tied up in pre-tax 401k plans.
The 401k wont allow distributions till age 55.

1. If the assets get rolled into a Rollover IRA can we do a 72T Distribution (substantial equal payments) out of the IRA for the next 10 / 11 years?

2. Can both the spouses do a 72t from their own IRA or just one per household?

3. If not all assets are needed could 1/2 the balance be moved into a separate IRA before the distributions starts? Can the rollover and distribution start in the same year or do they need to happen in a different tax year?

4. Is the easiest the RMD format? Do you just used the RMD factor?



Yes.
Each spouse can execute their own 72t from their own IRA. A spouse with more than one IRA can combine their IRAs by direct transfer before the plan starts if the balance in one of their IRAs is insufficient.
Yes. If a spouse has only one IRA, it can be partitioned before the plan starts into two accounts with one of them having a balance that will generate the desired distribution. The other IRA accounts can be used for emergency needs separate from the 72t plan, but subject to penalty. This creation of separate accounts should be done before the plan begins. 
The RMD calculation method is not recommended because it generates a much smaller annual distribution and it requires a new calculation every year. The fized amortization method produces the highest amount, and the calculation is only done once. With the RMD method you need a larger balance to generate the same distribution as amortization and you lose the option of the one time switch to RMD later on  if there is reason to reduce the amount distributed and preserve more IRA balance for retirement.

Can the account hold any assets or dose it have to be an annuity? 

The account can hold any approved assets for an IRA including an IRA annuity. However, an annuity could be problematic since insurance companies are less likely to be familiar with 72t plans and therefore may not provide good support and in some cases you might run into surrender charges. 

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