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I have a client who is in his early 50's and would like to withdrawal money out of the gov't 457 plan. Researching the IRS site the 10% penalty doesn't apply. How is this reported at tax time? 1099-R and if so what is the code in box 7? Do I have to make adjustments on form 5329?
Any assistance would be appreciated, especially if you have come across this situation in the past.
Thanks
GC
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You haven't said why the penalty won't apply, so it's impossible to say for sure. But most likely it will be code 1 on the 1099-R and you need to enter the reason why the penalty does not apply on the 5329.
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"How is this reported at tax time?"
By the plan manager or the account manager.
"1099-R and if so what is the code in box 7?"
See the codes here:
See the tax topic here:
https://www.irs.gov/taxtopics/tc558
We don't know if this person still works there or not, has any other funds that were rolled into that plan or not.
"Do I have to make adjustments on form 5329?"
"In general, an eligible state or local government section 457 deferred compensation plan isn't a qualified retirement plan and any distribution from such plan isn't subject to the additional 10% tax on early distributions. However, any distribution attributable to amounts the section 457 plan received in a direct transfer or rollover from one of the qualified retirement plans listed above would be subject to the additional 10% tax."
Don't yell at us; we're volunteers
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Don't forget that all distributions from a 457 is taxable income, but like everyone said no 10% penalty, also you have to start taking distributions at 72.