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Some hardship situations allow penalty-free retirement plan withdrawals

March 11, 2012

Even in the best of economic times, some folks find themselves in situations when they need to withdraw money from their retirement plan early.

Broken nest egg by marioaguilar iStock Photo by marioaguilar via iStock

Early, according to tax law, is before you reach age 59½.

When you do take out traditional IRA or 401(k) or similar plan money before that sort-of birthday, there's no getting around the tax due on the amount you withdraw.

And in most cases, you also owe a 10 percent penalty on the amount taken out early.

But as today's Daily Tax Tip explains, there are a few early withdrawal circumstances where the penalty is waived.

What is a hardship: Early retirement plan distributions generally are allowed only on account of hardship. That means it must be made to meet the employee's "immediate and heavy financial need."

So what designates a situation as immediate and heavy? The IRS falls back on a frequently used answer: It depends on the individual's facts and circumstances.

But the agency does have a few guidelines as to when certain expenses are deemed to be immediate and heavy hardships. They include things like medical expenses, staving off eviction or foreclosure on a principal residence or certain repairs of damage to a principal residence.

Again, your personal and financial facts and circumstances are taken into account.

Penalty-free situations: You meet the hardship withdrawal criteria. Do you still have to pay the penalty?

Maybe not. Hardship withdrawal circumstances where the penalty is waived include:

  • You must pay unreimbursed medical expenses.
  • You buy medical insurance when you're out of work.
  • A permanent disability, either physical or mental, prevents you from getting a job.
  • You are a reservist called to active duty.
  • You are facing an IRS levy.

Not necessarily hardship, but OK: A quick note here that you also can avoid the early withdrawal penalty if you use retirement money to pay for the purchase of your first home (as defined by the IRS) or to pay for certain higher education expenses.

I'll examine these happier penalty-free retirement plan distribution options in a future tax tip.

The IRS has a chart you can use as a guideline as to when early distributions from various retirement plans are penalty-free.

Roth differences: These early withdrawal rules apply to traditional retirement accounts designed so that withdrawals will be taxed when the funds are taken out in actual retirement.

When it comes to Roth accounts, where you paid taxes on that money before you put it into the retirement plan, as long as you've had the account for more than five years (analogous to the year and a day for lower capital gains), you won't owe any penalty on the early withdrawals.

Of course, you don't ever want to be in hardship retirement plan withdrawal situations, esepcially those that are penalty-free. But if you are, at least you won't owe the IRS an extra 10 percent, too.

Thanks to @JulieBH_CPA for clarifications on this post.

You also might find these items of interest:

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You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
  • Pamela Baggett

    22 years ago I had to spend all my IRA saved up to that point because I was taking care of my son who had been in a bad accident. I guess that was too long ago to try to reclaim the penalty.

  • Sorry, Pam, but the amended return window is just three years.

  • I had to invest all my IRA stored up to that factor because I was looking after my son who had been in a bad incident. I think that was a lengthy time ago to try to recover the charge.

  • It is never too early to have a canada pension plan. Get informed and do your homework. These are tough times we are facing. Do your research, good luck.

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