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Roth IRA contribution limit. If contributions on your behalf are made only to Roth IRAs, your contribution limit for 2008 is generally the lesser of:
If you were age 50 or older before 2009 and contributions on your behalf were made only to Roth IRAs, your contribution limit for 2008 is generally the lesser of:
However, if your modified AGI is above a certain amount, your contribution limit may be reduced. For more information, see How Much Can Be Contributed? under Can You Contribute to a Roth IRA? in this chapter.
Modified AGI limit for Roth IRA contributions increased. For 2008, your Roth IRA contribution limit is reduced (phased out) in the following situations.
See Can You Contribute to a Roth IRA? in this chapter.
Rollovers from other retirement plans. Beginning in 2008, you can rollover amounts from a qualified retirement plan to a Roth IRA. For more information, see Rollover From Employer's Plan Into a Roth IRA in this chapter.
Economic stimulus payments. Economic stimulus payments directly deposited in your Roth IRA in 2008 may be withdrawn tax-free and penalty-free. See Tax-free withdrawals of economic stimulus payments under Are Distributions Taxable? later.
Military death gratuities and servicemembers' group life insurance (SGLI) payments. If you received a military death gratuity or SGLI payment with respect to a death from injury that occurred after October 6, 2001, you may roll over some or all of the amount received to your Roth IRA. For more information, see Military Death Gratuities and Servicemembers' Group Life Insurance (SGLI) Payments in this chapter.
Rollover of Exxon Valdez settlement income. If you received qualified settlement income in connection with the Exxon Valdez litigation, you may roll over the amount received, or part of the amount received, to your Roth IRA. For more information, see Rollover of Exxon Valdez Settlement Income in this chapter.
Rollover of airline payments. If you are a qualified airline employee, you may contribute any portion of an airline payment paid to you by a commercial passenger airline carrier under a Federal bankruptcy court order to your Roth IRA. For more information, see Rollover of Airline Payments in this chapter.
Modified AGI limits for Roth IRA contributions increased. For 2009, your Roth IRA contribution limit is reduced (phased out) in the following situations.
See Can You Contribute to a Roth IRA ? in this chapter.
Temporary waiver of required minimum distribution rules. No minimum distribution is required from your Roth IRA for 2009. See Temporary waiver of required minimum distribution rules for 2009 in this chapter.
Deemed IRAs. For plan years beginning after 2002, a qualified employer plan (retirement plan) can maintain a separate account or annuity under the plan (a deemed IRA) to receive voluntary employee contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will be subject only to IRA rules. An employee's account can be treated as a traditional IRA or a Roth IRA.For this purpose, a “qualified employer plan” includes:
Regardless of your age, you may be able to establish and make nondeductible contributions to an individual retirement plan called a Roth IRA.
You do not report Roth IRA contributions on your return.
A Roth IRA is an individual retirement plan that, except as explained in this chapter, is subject to the rules that apply to a traditional IRA (defined below). It can be either an account or an annuity. Individual retirement accounts and annuities are described in chapter 1 under How Can a Traditional IRA Be Set Up.
To be a Roth IRA, the account or annuity must be designated as a Roth IRA when it is set up. A deemed IRA can be a Roth IRA, but neither a SEP IRA nor a SIMPLE IRA can be designated as a Roth IRA.
Unlike a traditional IRA, you cannot deduct contributions to a Roth IRA. But, if you satisfy the requirements, qualified distributions (discussed later) are tax free. Contributions can be made to your Roth IRA after you reach age 70½ and you can leave amounts in your Roth IRA as long as you live.
You can set up a Roth IRA at any time. However, the time for making contributions for any year is limited. See When Can You Make Contributions , later under Can You Contribute to a Roth IRA.
Generally, you can contribute to a Roth IRA if you have taxable compensation (defined later) and your modified AGI (defined later) is less than:
Contributions can be made to your Roth IRA regardless of your age.
Your modified AGI for Roth IRA purposes is your adjusted gross income (AGI) as shown on your return modified as follows.
You can use Worksheet 2-1 to figure your modified AGI. Do not subtract conversion income or minimum required distributions from IRAs when figuring your other AGI-based phaseouts and taxable income, such as your deduction for medical and dental expenses. Subtract them from AGI only for the purpose of figuring your modified AGI for Roth IRA purposes.
The contribution limit for Roth IRAs generally depends on whether contributions are made only to Roth IRAs or to both traditional IRAs and Roth IRAs.
This table shows whether your contribution to a Roth IRA is affected by the amount of your modified adjusted gross income (modified AGI).
| IF you have taxable compensation and your filing status is ... | AND your modified AGI is ... | THEN ... |
| married filing jointly or qualifying widow(er) | less than $159,000 | you can contribute up to $5,000 ($6,000 if you are age 50 or older) as explained under How Much Can Be Contributed . |
| at least $159,000 but less than $169,000 | the amount you can contribute is reduced as explained under Contribution limit reduced . | |
| $169,000 or more | you cannot contribute to a Roth IRA. | |
| married filing separately and you lived with your spouse at any time during the year | zero (-0-) | you can contribute up to $5,000 ($6,000 if you are age 50 or older) as explained under How Much Can Be Contributed . |
| more than zero (-0-) but less than $10,000 | the amount you can contribute is reduced as explained under Contribution limit reduced . | |
| $10,000 or more | you cannot contribute to a Roth IRA. | |
| single, head of household, or married filing separately and you did not live with your spouse at any time during the year | less than $101,000 | you can contribute up to $5,000 ($6,000 if you are age 50 or older) as explained under How Much Can Be Contributed . |
| at least $101,000 but less than $116,000 | the amount you can contribute is reduced as explained under Contribution limit reduced . | |
| $116,000 or more | you cannot contribute to a Roth IRA. |
Note. You may be able to contribute up to $8,000 if you participated in a 401(k) plan maintained by an employer who went into bankruptcy in an earlier year. See Catch-up contributions in certain employer bankruptcies , later.
For 2009, the amounts in Table 2-1 increase. For 2009, your Roth IRA contribution limit is reduced (phased out) in the following situations.
If contributions are made only to Roth IRAs, your contribution limit generally is the lesser of:
If contributions are made to both Roth IRAs and traditional IRAs established for your benefit, your contribution limit for Roth IRAs generally is the same as your limit would be if contributions were made only to Roth IRAs, but then reduced by all contributions for the year to all IRAs other than Roth IRAs. Employer contributions under a SEP or SIMPLE IRA plan do not affect this limit. This means that your contribution limit is the lesser of:
If you participated in a 401(k) plan and the employer who maintained the plan went into bankruptcy, you may be able to contribute an additional $3,000 to your Roth IRA. For this to apply, the following conditions must be met.
If you choose to make these catch-up contributions, the higher contribution limits for individuals who are age 50 or older do not apply. The most that can be contributed to your Roth IRA is the smaller of $8,000 or your taxable compensation for the year.
You can repay qualified reservist, qualified hurricane, qualified disaster recovery assistance, and qualified recovery assistance distributions even if the repayments would cause your total contributions to the Roth IRA to be more than the general limit on contributions. However, the total repayments cannot be more than the amount of your distribution.
If you make repayments of qualified reservist distributions to a Roth IRA, increase your basis in the Roth IRA by the amount of the repayment. If you make repayments of qualified hurricane, qualified disaster recovery assistance, or qualified recovery assistance distributions to a Roth IRA, the repayment is first considered to be a repayment of earnings. Any repayments of qualified hurricane, qualified disaster recovery assistance, or qualified recovery assistance distributions in excess of earnings will increase your basis in the Roth IRA by the amount of the repayment in excess of earnings. For more information, see Qualified reservist repayments under How Much Can Be Contributed? in chapter 1 and chapter 4, Disaster-Related Relief .
If your modified AGI is above a certain amount, your contribution limit is gradually reduced. Use Table 2-1 to determine if this reduction applies to you.
| 1. | Enter your adjusted gross income from Form 1040, line 38; Form 1040A, line 22; or Form 1040NR, line 36 | 1. | |
| 2. | Enter any income resulting from the conversion of an IRA (other than a Roth IRA) to a Roth IRA, a rollover from a qualified retirement plan to a Roth IRA, and a minimum required distribution from an IRA (for conversions and rollovers from qualified retirement plans only) | 2. | |
| 3. | Subtract line 2 from line 1 | 3. | |
| 4. | Enter any traditional IRA deduction from Form 1040, line 32; Form 1040A, line 17; or Form 1040NR, line 31 | 4. | |
| 5. | Enter any student loan interest deduction from Form 1040, line 33; Form 1040A, line 18; or Form 1040NR, line 32 | 5. | |
| 6. | Enter any tuition and fees deduction from Form 1040, line 34 or Form 1040A, line 19 | 6. | |
| 7. | Enter any domestic production activities deduction from Form 1040, line 35, or Form 1040NR, line 33 | 7. | |
| 8. | Enter any foreign earned income exclusion and/or housing exclusion from Form 2555, line 45, or Form 2555-EZ, line 18 | 8. | |
| 9. | Enter any foreign housing deduction from Form 2555, line 50 | 9. | |
| 10. | Enter any excludable qualified savings bond interest from Form 8815, line 14 | 10. | |
| 11. | Enter any excluded employer-provided adoption benefits from Form 8839, line 30 | 11. | |
| 12. | Add the amounts on lines 3 through 11 | 12. | |
| 13. | Enter:
| 13. | |
| Is the amount on line 12 more than the amount on line 13? If yes, see the note below. If no, the amount on line 12 is your modified adjusted gross income for Roth IRA purposes. | |||
| Note. If the amount on line 12 is more than the amount on line 13 and you have other income or loss items, such as social security income or passive activity losses, that are subject to AGI-based phaseouts, you can refigure your AGI solely for the purpose of figuring your modified AGI for Roth IRA purposes. When figuring your modified AGI for conversion purposes, refigure your AGI without taking into account any income from conversions or minimum required distributions from IRAs. (If you receive social security benefits, use Worksheet 1 in Appendix B to refigure your AGI.) Then go to list item 2 under Modified AGI earlier or line 3 above in Worksheet 2-1 to refigure your modified AGI. If you do not have other income or loss items subject to AGI-based phaseouts, your modified adjusted gross income for Roth IRA purposes is the amount on line 12 above. |
If the amount you can contribute must be reduced, figure your reduced contribution limit as follows.
You can use Worksheet 2-2 to figure the reduction.
Before using this worksheet, check Table 2-1 to determine whether or not your Roth IRA contribution limit is reduced. If it is, use this worksheet to determine how much it is reduced.
| 1. | Enter your modified AGI for Roth IRA purposes | 1. | |
| 2. | Enter:
| 2. | |
| 3. | Subtract line 2 from line 1 | 3. | |
| 4. | Enter:
| 4. | |
| 5. | Divide line 3 by line 4 and enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000 | 5. | |
| 6. | Enter the lesser of:
| 6. | |
| 7. | Multiply line 5 by line 6 | 7. | |
| 8. | Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter $200 | 8. | |
| 9. | Enter contributions for the year to other IRAs | 9. | |
| 10. | Subtract line 9 from line 6 | 10. | |
| 11. | Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit | 11. |
You are a 45-year-old, single individual with taxable compensation of $113,000. You want to make the maximum allowable contribution to your Roth IRA for 2008. Your modified AGI for 2008 is $102,000. You have not contributed to any traditional IRA, so the maximum contribution limit before the modified AGI reduction is $5,000. Using the steps described earlier, you figure your reduced Roth IRA contribution of $4,670 as shown on the following worksheet.
Before using this worksheet, check Table 2-1 to determine whether or not your Roth IRA contribution limit is reduced. If it is, use this worksheet to determine how much it is reduced.
| 1. | Enter your modified AGI for Roth IRA purposes | 1. | 102,000 |
| 2. | Enter:
| 2. | 101,000 |
| 3. | Subtract line 2 from line 1 | 3. | 1,000 |
| 4. | Enter:
| 4. | 15,000 |
| 5. | Divide line 3 by line 4 and enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000 | 5. | .067 |
| 6. | Enter the lesser of:
| 6. | 5,000 |
| 7. | Multiply line 5 by line 6 | 7. | 335 |
| 8. | Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter $200 | 8. | 4,670 |
| 9. | Enter contributions for the year to other IRAs | 9. | 0 |
| 10. | Subtract line 9 from line 6 | 10. | 5,000 |
| 11. | Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit | 11. | 4,670 |
You can make contributions to a Roth IRA for a year at any time during the year or by the due date of your return for that year (not including extensions).
You can make contributions for 2008 by the due date (not including extensions) for filing your 2008 tax return. This means that most people can make contributions for 2008 by April 15, 2009.A 6% excise tax applies to any excess contribution to a Roth IRA.
These are the contributions to your Roth IRAs for a year that equal the total of:
For purposes of determining excess contributions, any contribution that is withdrawn on or before the due date (including extensions) for filing your tax return for the year is treated as an amount not contributed. This treatment only applies if any earnings on the contributions are also withdrawn. The earnings are considered earned and received in the year the excess contribution was made.
If contributions to your Roth IRA for a year were more than the limit, you can apply the excess contribution in one year to a later year if the contributions for that later year are less than the maximum allowed for that year.
You may be able to convert amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. You may be able to roll over amounts from a qualified retirement plan to a Roth IRA. You may be able to recharacterize contributions made to one IRA as having been made directly to a different IRA. You can roll amounts over from a designated Roth account or from one Roth IRA to another Roth IRA.
You can convert a traditional IRA to a Roth IRA. The conversion is treated as a rollover, regardless of the conversion method used. Most of the rules for rollovers, described in chapter 1 under Rollover From One IRA Into Another , apply to these rollovers. However, the 1-year waiting period does not apply.
You can convert amounts from a traditional IRA to a Roth IRA in any of the following three ways.
Conversions made with the same trustee can be made by redesignating the traditional IRA as a Roth IRA, rather than opening a new account or issuing a new contract.
Prior to 2008, you could only roll over (convert) amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. Beginning in 2008, you can roll over into a Roth IRA all or part of an eligible rollover distribution your receive from your (or your deceased spouse's):
Any amount rolled over is subject to the same rules for converting a traditional IRA into a Roth IRA. See Converting From Any Traditional IRA Into a Roth IRA in chapter 1. Also, the rollover contribution must meet the rollover requirements that apply to the specific type of retirement plan.
You must include in your gross income distributions from a qualified retirement plan that you would have had to include in income if you had not rolled them over into a Roth IRA. You do not include in gross income any part of a distribution from a qualified retirement plan that is a return of contributions (after-tax contributions) to the plan that were taxable to you when paid.
In July of 2008, you decide to roll over $50,000 from your 401(k) plan to your Roth IRA. You have no after-tax contributions. For 2008, you must include in income $50,000.
If you must include any amount in your gross income, you may have to increase your withholding or make estimated tax payments. See Publication 505, Tax Withholding and Estimated Tax.You can roll over amounts from a qualified retirement plan to a Roth IRA in one of the following ways.
If you received a military death gratuity or SGLI payment with respect to a death from injury that occurred after October 6, 2001, you can contribute (roll over) all or part of the amount received to your Roth IRA. The contribution is treated as a qualified rollover contribution.
The amount you can roll over to your Roth IRA cannot exceed the total amount that you received reduced by any part of that amount that was contributed to a Coverdell ESA or another Roth IRA. Any military death gratuity or SGLI payment contributed to a Roth IRA is disregarded for purposes of the 1-year waiting period between rollovers.
The rollover must be completed before the end of the 1-year period beginning on the date you received the payment. However, if you received a military death gratuity or SGLI payment with respect to a death from injury that occurred after October 6, 2001, and before June 17, 2008, you have until June 17, 2009, to make the contribution to your Roth IRA.
The amount contributed to your Roth IRA is treated as part of your cost basis (investment in the contract) in the Roth IRA that is not taxable when distributed.
If, when you converted amounts from a traditional IRA or SIMPLE IRA into a Roth IRA or when you rolled over amounts from a qualified retirement plan into a Roth IRA, you expected to have modified AGI of $100,000 or less and a filing status other than married filing separately, but your expectations did not come true, you have made a failed conversion or failed rollover.
You must move the amount converted or rolled over (including all earnings from the date of conversion or roll over) into a traditional IRA by the due date (including extensions) for your tax return for the year during which you made the conversion or roll over to the Roth IRA. You do not have to include this distribution (withdrawal) in income.
You can withdraw, tax free, all or part of the assets from one Roth IRA if you contribute them within 60 days to another Roth IRA. Most of the rules for rollovers, described in chapter 1 under Rollover From One IRA Into Another , apply to these rollovers. However, rollovers from retirement plans other than Roth IRAs are disregarded for purposes of the 1-year waiting period between rollovers.
A rollover from a Roth IRA to an employer retirement plan is not allowed.
A rollover from a designated Roth account can only be made to another designated Roth account or to a Roth IRA.
If you are a qualified taxpayer and you received qualified settlement income, you can contribute all or part of the amount received to an eligible retirement plan which includes a Roth IRA. The rules for contributing qualified settlement income to a Roth IRA are the same as the rules for contributing qualified settlement income to a traditional IRA with the following exception. Qualified settlement income that is contributed to a Roth IRA, or to a designated Roth account, will be:
For more information, see Rollover of Exxon Valdez Settlement Income in chapter 1.
If you are a qualified airline employee, you may contribute any portion of an airline payment you receive to a Roth IRA. The contribution must be made within 180 days from the date you received the payment, or before June 23, 2009, whichever is later. The contribution will be treated as a qualified rollover contribution and the modified AGI limits that generally apply to Roth IRA rollovers do not apply to airline payments. The rollover contribution is included in income to the extent it would be included in income if it were not part of the rollover contribution. Also, any reduction in the airline payment amount on account of employment taxes shall be disregarded when figuring the amount you can contribute to your Roth IRA.
An airline payment is any payment of money or other property that is paid to a qualified airline employee from a commercial airline carrier. The payment also must be made both:
An airline payment amount shall not include any amount payable on the basis of the carrier's future earnings or profits.
You do not include in your gross income qualified distributions or distributions that are a return of your regular contributions from your Roth IRA(s). You also do not include distributions from your Roth IRA that you roll over tax free into another Roth IRA. You may have to include part of other distributions in your income. See Ordering Rules for Distributions , later.
The basis of property distributed from a Roth IRA is its fair market value (FMV) on the date of distribution, whether or not the distribution is a qualified distribution.
If you withdraw contributions (including any net earnings on the contributions) by the due date of your return for the year in which you made the contribution, the contributions are treated as if you never made them. If you have an extension of time to file your return, you can withdraw the contributions and earnings by the extended due date. The withdrawal of contributions is tax free, but you must include the earnings on the contributions in income for the year in which you made the contributions.
A qualified distribution is any payment or distribution from your Roth IRA that meets the following requirements.

If you receive a distribution that is not a qualified distribution, you may have to pay the 10% additional tax on early distributions as explained in the following paragraphs.
Unless one of the exceptions listed below applies, you must pay the 10% additional tax on the taxable part of any distributions that are not qualified distributions.
You may not have to pay the 10% additional tax in the following situations.
If you receive a distribution from your Roth IRA that is not a qualified distribution, part of it may be taxable. There is a set order in which contributions (including conversion contributions and rollover contributions from qualified retirement plans) and earnings are considered to be distributed from your Roth IRA. For these purposes, disregard the withdrawal of excess contributions and the earnings on them (discussed earlier under What if You Contribute Too Much . Order the distributions as follows.
Disregard rollover contributions from other Roth IRAs for this purpose.
Determine the taxable amounts distributed (withdrawn), distributions, and contributions by grouping and adding them together as follows.
On October 15, 2003, Justin converted all $80,000 in his traditional IRA to his Roth IRA. His Forms 8606 from prior years show that $20,000 of the amount converted is his basis.
Justin included $60,000 ($80,000 − $20,000) in his gross income.
On February 23, 2008, Justin made a regular contribution of $5,000 to a Roth IRA. On November 7, 2008, at age 60, Justin took a $7,000 distribution from his Roth IRA.
The first $5,000 of the distribution is a return of Justin's regular contribution and is not includible in his income.
The next $2,000 of the distribution is not includible in income because it was included previously.
To figure the taxable part of a distribution that is not a qualified distribution, complete Worksheet 2-3.
| 1. | Enter the total of all distributions made from your Roth IRA(s) (other than qualified charitable distributions or a one-time distribution to fund an HSA) during the year | 1. | |
| 2. | Enter the amount of qualified distributions made during the year | 2. | |
| 3. | Subtract line 2 from line 1 | 3. | |
| 4. | Enter the amount of distributions made during the year to correct excess contributions made during the year. (Do not include earnings.) | 4. | |
| 5. | Subtract line 4 from line 3 | 5. | |
| 6. | Enter the amount of distributions made during the year that were contributed to another Roth IRA in a qualified rollover contribution (other than a repayment of a qualified disaster recovery assistance or recovery assistance distribution) | 6. | |
| 7. | Subtract line 6 from line 5 | 7. | |
| 8. | Enter the amount of all prior distributions from your Roth IRA(s) (other than qualified charitable distributions or a one-time distribution to fund an HSA) whether or not they were qualified distributions | 8. | |
| 9. | Add lines 3 and 8 | 9. | |
| 10. | Enter the amount of the distributions included on line 8 that were previously includible in your income | 10. | |
| 11. | Subtract line 10 from line 9 | 11. | |
| 12. | Enter the total of all your contributions to all of your Roth IRAs | 12. | |
| 13. | Enter the total of all distributions made (this year and in prior years) to correct excess contributions. (Include earnings.) | 13. | |
| 14. | Subtract line 13 from line 12. (If the result is less than 0, enter 0.) | 14. | |
| 15. | Subtract line 14 from line 11. (If the result is less than 0, enter 0.) | 15. | |
| 16. | Enter the smaller of the amount on line 7 or the amount on line 15. This is the taxable part of your distribution | 16. |
You are not required to take distributions from your Roth IRA at any age. The minimum distribution rules that apply to traditional IRAs do not apply to Roth IRAs while the owner is alive. However, after the death of a Roth IRA owner, certain of the minimum distribution rules that apply to traditional IRAs also apply to Roth IRAs as explained later under Distributions After Owner's Death .
If you have a loss on your Roth IRA investment, you can recognize the loss on your income tax return, but only when all the amounts in all of your Roth IRA accounts have been distributed to you and the total distributions are less than your unrecovered basis.
Your basis is the total amount of contributions in your Roth IRAs.
You claim the loss as a miscellaneous itemized deduction, subject to the 2%-of-adjusted-gross-income limit that applies to certain miscellaneous itemized deductions on Schedule A, Form 1040. Any such losses are added back to taxable income for purposes of calculating the alternative minimum tax.
If a Roth IRA owner dies, the minimum distribution rules that apply to traditional IRAs apply to Roth IRAs as though the Roth IRA owner died before his or her required beginning date. See When Can You Withdraw or Use Assets? in chapter 1.
A beneficiary can combine an inherited Roth IRA with another Roth IRA maintained by the beneficiary only if the beneficiary either:
If a distribution to a beneficiary is not a qualified distribution, it is generally includible in the beneficiary's gross income in the same manner as it would have been included in the owner's income had it been distributed to the IRA owner when he or she was alive. If the owner of a Roth IRA dies before the end of:
When Ms. Hibbard died in 2008, her Roth IRA contained regular contributions of $4,000, a conversion contribution of $10,000 that was made in 2004, and earnings of $2,000. No distributions had been made from her IRA. She had no basis in the conversion contribution in 2004.
When she established her Roth IRA, she named each of her 4 children as equal beneficiaries. Each child will receive one-fourth of each type of contribution and one-fourth of the earnings. An immediate distribution of $4,000 to each child will be treated as $1,000 from regular contributions, $2,500 from conversion contributions, and $500 from earnings.
In this case, because the distributions are made before the end of the applicable 5-year period for a qualified distribution, each beneficiary includes $500 in income for 2008. The 10% additional tax on early distributions does not apply because the distribution was made to the beneficiaries as a result of the death of the IRA owner.
Publication 590 - Introductory Material
2. Roth IRAs
3. Savings Incentive Match Plans for Employees (SIMPLE)
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