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Level 2
March 4, 2022
Solved

where do I enter info for exemption of 10% penalty on early 401K withdrawal?

  • March 4, 2022
  • 5 replies
  • 25 views

Client did early wihdrawal for purchase of personal residence. Gave all necessary info to payer and declared a hardship.  The payers' code is 1 so how do I avoid him paying he 10% penalty due to hardship?

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Best answer by IRonMaN

Check out form 5329

5 replies

IRonMaN
IRonMaNAnswer
Level 15
March 4, 2022

Check out form 5329

Slava Ukraini!
Jane-oAuthor
Level 2
March 4, 2022

Thank you!!

IRonMaN
Level 15
March 4, 2022

You betcha!

Slava Ukraini!
Level 15
March 4, 2022

A "hardship" only allows the money to be withdrawn.  That does NOT waive the penalty.

But as was mentioned, you can see if the taxpayer has any qualifying reasons to waive the penalty on Form 5329.

IRonMaN
Level 15
March 4, 2022

Withdrawal was to buy a house -------- I am assuming Jane knows that they have to qualify as first time buyers to qualify.

Slava Ukraini!
rbynaker
Level 13
March 4, 2022

Did something change?  The first-time homebuyer penalty exception used to only apply to IRA withdrawals, not 401k withdrawals.

qbteachmt
Level 15
March 4, 2022

Hardship and Home Purchase are two different provisions, if you are referring to First Time Homebuyer; or Disaster Home?

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Just-Lisa-Now-
Intuit Community Champion
March 4, 2022
NO penalty exception for the situation you described, sorry. Had to be an IRA to waive penalty on the first 10,000 for a first time home purchase.
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
IRonMaN
Level 15
March 4, 2022

For my second oops of today - I missed the 401k part of the question.

Slava Ukraini!
Level 7
March 5, 2022

You and I had the sames question about the same time.