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Level 1
October 4, 2019
Question

IRA emmergency distribution exceeding 2018 normal RMD amount.

  • October 4, 2019
  • 2 replies
  • 24 views

Last year I had to replace the entire roof on my primary residence at a cost of $38,181.96 which was not covered by insurance as the fault of builder who is out of business (home built in 1994). I had to take an excess/early IRA distribution to meet this need. Can the 10% additional tax penalty be waived in my situation?  I am now 81 years old and have been going through a hardship with a disabled ill daughter. The roof situation was exacerbated by numerous FL tropical storms.

    2 replies

    DoninGA
    Level 15
    Level 15
    October 4, 2019

    Repairs to your personal residence is not an exception to the 10% early withdrawal penalty.

    However, since you are over the age of 59 1/2 there is no early withdrawal penalty assessed on your withdrawals from an IRA.

    Level 15
    October 4, 2019

    In other words, this is not an early distribution.  It is simply a regular distribution beyond the amount that you were required to take for the year. 

     

    If TurboTax is calculating an early-distribution penalty on Form 5329, you've entered something incorrectly.  The Form 1099-R should not have a code 1 or code J in box 7 (which is what triggers TurboTax to calculate a penalty) since you are over age 59½.