Status of State Tax Law Conformity with Roth IRA Provisions

Washington, DC, November 16, 1998 - Most states have passed legislation that conforms the individual income tax provisions of their tax code to the Internal Revenue Code in order to conform state tax treatment of the Roth IRA with federal tax treatment. The tables below provide information concerning the status of applicable conformity legislation in each state that requires such legislation. These tables include general information as of October 16, 1998; further investigation or consultation with counsel is recommended before relying on this information.

Roth IRA Distributions Automatically Exempt
from State Taxation

States with no Income Tax

Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, Wyoming

States that conform to the federal code for the
current year and attach at AGI

Connecticut, Delaware, Illinois, Kansas, Louisiana, Maryland, Michigan, Missouri, Montana, Nebraska, New Mexico, New York, Ohio, Oklahoma, Virginia

States that conform to the federal code for the
current year and attach at FTI

Colorado, Utah

States where state income tax is calculated as a percentage of federal liability

North Dakota, Rhode Island, Vermont

States that don't tax retirement income

Mississippi, Pennsylvania

Legislation Conforms State Income Tax Code
with Internal Revenue Code as of 12/31/97 or 1/1/98

State

Bill Number

Status

Arizona

Senate bill 1229

passed both houses, signed into law

District of Columbia

Bill 12-455

approved by City Council; awaiting approval by DC Control Board

Georgia

Act 923 (previously House bill 1596)

House bill 1596 passed both houses and was signed into law

Hawaii

Act 113 (previously Senate bill 3004)

Senate bill 3004 passed both houses and was signed into law

Idaho

House bill 489

passed both houses, signed into law

Indiana

House Enrolled Act 1157

passed both houses, signed into law

Iowa

Senate File 2357

passed both houses, signed into law

Kentucky

House bill 170

passed both houses, signed into law

Maine

Legislative Document 1908/ S.P. 683

passed both houses, signed into law

Minnesota

House file 3840

passed both houses, signed into law

North Carolina

House bill 1326

passed both houses, signed into law

South Carolina

Act 268

House bill 4466 passed both houses and was signed into law

West Virginia

Engrossed Senate bill 207

passed both houses, signed into law

Wisconsin

Act 237 (formerly Assembly bill 768)

Assembly bill 768 passed both houses and was signed into law

Legislation Adds Roth IRA Provisions to State Tax Code

State

Bill Number

Status

Alabama

Rev. Act 98-299 (previously House bill 642)

House Bill 642 passed both houses and was signed into law

California

Senate bill 1233; Assembly bill 1469 (technical corrections bill)

Senate bill 1233 passed both houses and was signed into law; Assembly bill 1469 passed both houses and was vetoed by governor

Massachusetts

House bill 5709

passed both houses, signed into law

New Jersey

Senate bill 840

passed both houses, signed into law

No Legislation Pending

State

Bill Number

Status

Arkansas

N/A

Next legislative session scheduled for 1999. Arkansas Dept. of Finance and Regulation has issued an emergency regulation regarding Roth IRAs (Reg. 1998-2, 2/25/98). A taxpayer who converts a traditional IRA to a Roth IRA in 1998 must include the same amount of state tax income tax purposes as was reported for federal tax purposes. The state tax that is due may be paid, at the taxpayer's election, on or before 5/15/99 or in 4 equal installments over 4 years beginning on 5/15/99.

Oregon

N/A

Next legislative session scheduled for 1999. Oregon Revised Statute 316.012 provides that the intent of the Oregon Legislature is to conform Oregon state personal income tax provisions to the federal code for years after 12/31/96.

  

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