dmertz
Level 15

Retirement tax questions


re: IRS.  Will they allow me to take these multiple distributions without charging me the 10% fee for the subsequent distributions (in years 2, 3, 4, and so on...)

As an exemption to the 10% early distribution penalty, section 72(t)(2)(C) simply says:

 

(C)Payments to alternate payees pursuant to qualified domestic relations orders

Any distribution to an alternate payee pursuant to a qualified domestic relations order (within the meaning of section 414(p)(1)).

 

Note the phrase "any distribution."

 

https://www.law.cornell.edu/uscode/text/26/72