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I was laid off from my job; they gave me the option to cash out my pension or move it to a company of their choosing & take 30% from me. Can I use the Other option?

Do I have to take a tax hit or can I use the "Other" option on my taxes?
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1 Best answer

Accepted Solutions
dmertz
Level 15

I was laid off from my job; they gave me the option to cash out my pension or move it to a company of their choosing & take 30% from me. Can I use the Other option?

There is no "other" option.  You must enter the Form 1099-R, answer the follow-up questions and TurboTax will calculate the income tax and early-distribution penalty.  (There are "Other reason" exceptions to the early-distribution penalty, but you having indicated that you qualify for any of the rare situations that would qualify as and "other reason.")

 

Moving the money to an IRA of the company's choosing was only the result that you would have it you failed to request either a distribution paid to you or a rollover to another retirement of your choosing.  If you received the distribution and didn't roll it over, it's taxable.

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3 Replies
dmertz
Level 15

I was laid off from my job; they gave me the option to cash out my pension or move it to a company of their choosing & take 30% from me. Can I use the Other option?

There is no "other" option.  You must enter the Form 1099-R, answer the follow-up questions and TurboTax will calculate the income tax and early-distribution penalty.  (There are "Other reason" exceptions to the early-distribution penalty, but you having indicated that you qualify for any of the rare situations that would qualify as and "other reason.")

 

Moving the money to an IRA of the company's choosing was only the result that you would have it you failed to request either a distribution paid to you or a rollover to another retirement of your choosing.  If you received the distribution and didn't roll it over, it's taxable.

I was laid off from my job; they gave me the option to cash out my pension or move it to a company of their choosing & take 30% from me. Can I use the Other option?

I wasn't given the option to rollover to one of my choosing. It was either give them 30% and move to their choice or cash it out. Why should I be penalized?

dmertz
Level 15

I was laid off from my job; they gave me the option to cash out my pension or move it to a company of their choosing & take 30% from me. Can I use the Other option?

This income is money on which you presumably have not previously paid taxes, so it becomes taxable when paid to you.  If the Form 1099-R includes code 1 in box 7 it indicates that the taxable amount is also subject to an early-distribution penalty unless you have a specific penalty exception that you have not yet mentioned.  That's the law.

 

If this was a pension qualified under section 401 of the tax code and offered you a buyout of the pension as seems to be the case since you were able to choose a cash distribution, the company was required by law to provide you the option to directly roll the distribution over to another qualified retirement plan of your choice.  Section 402(f) of the tax code requires the company to provide you with an explanation of these options unless you explicitly waive that requirement.  The IRS provides a standardized explanation statement that almost all companies use to meet this legal requirement.

 

Even with a distribution from a qualified retirement plan paid to you in cash, you had the option to roll it over to another retirement account like an IRA to continue to defer the income and to avoid the early-distribution penalty.  Presumably you did not do that so the result is a distribution that is subject to income tax and to an early-distribution penalty unless you have an exception that applies.  Losing your job with the company is not an exception to the penalty.

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