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Ana

401K penalties with the IRS for early withdrawals

My husband was laid of in 2008, I was a stay at home mom and went back to work since then. We had to withdraw all our 401k money to pay the mortgage and basically survive. Now, I have to pay the IRS over $10,000 in penalties. We are in our 40s. We filed for bankrupcy and are loosing our house to foreclosure. Is there any way that the IRS take a look at our situation and forgive the penalty? We used the 401k to survive, not to go on trips or go shopping. Thank you


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Tax Geek

Yes, there is an early penalty withdrawal penalty of 10 percent on retirement funds withdrawals, in addition to the ten percent, ther is a 10 percent tax on the funds.  If you look in box 7 of the 1099 R, it will give you a code number. If there is a code 2, you may be eligible for an exception to the 10 percent early withdrawal penalty, There is no exception to the taxes. You may be able to lessen tthm with your deductions, etc.

Posted 2009-11-27T00:52:34Z
jdec96 was invited by Yedda to answer this question.

 

It depends on what the funds were used for to determine if the penalities would be excluded. Talk to your tax advisor or contact us at 773-734-2462.

Jennifer H Stokes, Licensed CPA

www.TaxDeductionsByOccupation.com

www.TaxDeductionsByOccupation.blog.com

www.1040.com/StokesTaxService

 

Posted 2010-01-07T05:04:28Z
Jennifer H Stokes was invited by Yedda to answer this question.

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