# § 4974. Excise tax on certain accumulations in qualified retirement plans
**(a)** **General rule** If the amount distributed during the taxable year of the payee under any qualified retirement plan or any eligible deferred compensation plan (as defined in section 457(b)) is less than the minimum required distribution for such taxable year, there is hereby imposed a tax equal to 25 percent of the amount by which such minimum required distribution exceeds the actual amount distributed during the taxable year. The tax imposed by this section shall be paid by the payee.
**(b)** **Minimum required distribution** For purposes of this section, the term “minimum required distribution” means the minimum amount required to be distributed during a taxable year under section 401(a)(9), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2), as the case may be, as determined under regulations prescribed by the Secretary.
**(c)** **Qualified retirement plan** For purposes of this section, the term “qualified retirement plan” means—
Such term includes any plan, contract, account, or annuity which, at any time, has been determined by the Secretary to be such a plan, contract, account, or annuity.
**(1)** a plan described in section 401(a) which includes a trust exempt from tax under section 501(a),
**(2)** an annuity plan described in section 403(a),
**(3)** an annuity contract described in section 403(b),
**(4)** an individual retirement account described in section 408(a), or
**(5)** an individual retirement annuity described in section 408(b).
**(d)** **Waiver of tax in certain cases** If the taxpayer establishes to the satisfaction of the Secretary that—
the Secretary may waive the tax imposed by subsection (a) for the taxable year.
**(1)** the shortfall described in subsection (a) in the amount distributed during any taxable year was due to reasonable error, and
**(2)** reasonable steps are being taken to remedy the shortfall,
**(e)** **Reduction of tax in certain cases**
**(1)** **Reduction** In the case of a taxpayer who—
the first sentence of subsection (a) shall be applied by substituting “10 percent” for “25 percent”.
**(A)** receives a distribution, during the correction window, of the amount which resulted in imposition of a tax under subsection (a) from the same plan to which such tax relates, and
**(B)** submits a return, during the correction window, reflecting such tax (as modified by this subsection),
**(2)** **Correction window** For purposes of this subsection, the term “correction window” means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from a plan described in subsection (a), and ending on the earliest of—
**(A)** the date of mailing a notice of deficiency with respect to the tax imposed by subsection (a) under section 6212,
**(B)** the date on which the tax imposed by subsection (a) is assessed, or
**(C)** the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.
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**Source Credit**: (Added Pub. L. 93–406, title II, § 2002(e), Sept. 2, 1974, 88 Stat. 967; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–600, title I, § 157(i)(1), Nov. 6, 1978, 92 Stat. 2808; Pub. L. 99–514, title XI, § 1121(a)(1), title XVIII, § 1852(a)(7)(B), (C), Oct. 22, 1986, 100 Stat. 2464, 2866; Pub. L. 117–328, div. T, title III, § 302(a), (b), Dec. 29, 2022, 136 Stat. 5339.)
## Editorial Notes
### Amendments
2022—Subsec. (a). , substituted “25 percent” for “50 percent”.
Subsec. (e). , added subsec. (e).
1986—, amended section generally, substituting provisions imposing an excise tax on certain accumulations in qualified retirement plans for provisions imposing an excise tax on certain accumulations in individual retirement accounts and annuities.
Subsec. (a). , substituted “section 408(a)(6) or 408(b)(3)” for “section 408(a)(6) or (7), or 408(b)(3) or (4)”.
Subsec. (b). , substituted “section 408(a)(6) or 408(b)(3)” for “section 408(a)(6) or (7) or 408(b)(3) or (4)”.
1978—Subsec. (c). added subsec. (c).
1976—Subsec. (b). struck out “or his delegate” after “Secretary”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2022 Amendment
> “The amendments made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [
>
> ].”
, , , provided that:
### Effective Date of 1986 Amendment
Amendment by applicable to years beginning after , with special provisions for plans maintained pursuant to collective bargaining agreements ratified before , and transition rules, see , set out as a note under .
Amendment by section 1852(a)(7)(B), (C) of effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .
### Effective Date of 1978 Amendment
> “The amendment made by paragraph (1) [amending this section] shall apply to taxable years beginning after
>
> .”
, , , provided that:
### Effective Date
Section effective , see , set out as an Effective Date note under .
### Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .