Hal_Al
Level 15

Retirement tax questions

Q.  I did an early withdraw on my 401k for a first time homebuyer. The first $10k is suppose to be exempt. Right?

A. No.  There are two things wrong.

1. There is only an "exemption" from the 10% early withdrawal penalty, not the tax on the distribution

2. The  first time homebuyer penalty exception applies only to IRA withdrawals. 401k accounts are not eligible. 

 

Reference:

https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-o...

 

If it was an IRA, instead of a 401k, then the penalty exception will appear on line 2 of form 5329 with code 09. 

https://www.irs.gov/pub/irs-pdf/f5329.pdf

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