SEC. 333 of SECURE 2.0
With regard to a return of contribution under section 408(d)(4) by someone under age 59½, does SEC. 333 of SECURE 2.0 mean that such distributions made on December 29, 2022 or later are not subject to any early-distribution penalty but returns of contributions made before that date are subject to an early-distribution penalty on any gains? If so, it seems a bit inequitable if someone who obtained a return of a 2022 contribution before December 29, 2022 and is subject to the penalty could have avoided the penalty if they had waited until after that date to obtain the distribution.
Permalink Submitted by Alan - IRA critic on Mon, 2023-01-02 20:02
I agree with your assessment and the unequal treatment. However, most 2022 contributions likely generated losses, not gains.