Is there a 10% penalty for an early distribution from a Roth IRA when the individual is disabled

[nmr12354]

Client received his first social security disability check in 2018 for several back years. In addition, client took $8k out of his Roth account in 2018. Tax program generated a 10% penalty because the 1099-R had a "J" distribution code. Client had no taxable income. Does the client have to pay the penalty,  since he is disabled. ? Client is 48 years old

[sjrcpa]

Did you enter the basis of the Roth IRA? Penalty is only applicable to the taxable portion.

[Skylane · Accepted solution]

agree w/ sjrcpa. after you do what she said, take a look at form 5329 and instructions for the penalty exclusion.