401k Hardship Hardship Withdrawal

[wino-smartt]

What form do I used to get the penalty exemption for withdrawal of  distribution from 401K used to purchase first time residence? age less than 59 and a half

[rbynaker]

No such thing.  Too bad they didn't take the money from an IRA instead.

[wino-smartt]

The client withdrew $25,000 from his 401K to purchase his first home, I thought he is allowed an exemption for the $2,500 10% early withdrawal penalty.

[qbteachmt]

You might be confusing a number of provisions.

An early withdrawal from a 401(k) would still be taxable and subject to penalty, unless it qualifies for another reason other than Buying a Home. Buying a Home isn't a hardship, unless you are in a Disaster area (Federally Declared Disaster) as in form 8915-E instructions:

"To be a qualified distribution for the purchase or construction of a main home in a qualified 2020 disaster area, the distribution must meet all of the following requirements.1.The disaster was a qualified 2020 disaster other than the coronavirus. Leave Part IV blank if your only qualified 2020 disaster is the coronavirus.2.The distribution is a hardship distribution from a 401(k) plan, a hardship distribution from a tax-sheltered annuity contract, or a qualified first-time homebuyer distribution from an IRA.3.The distribution was received no earlier than 180 days before the first day of the qualified 2020 disaster and no later than 30 days after the last day of the qualified 2020 disaster. Table 1 at the end of these instructions lists the qualified 2020 disasters and their beginning and ending dates.4.The distribution was to be used to purchase or construct a main home in the qualified 2020 disaster area and the main home was not purchased or constructed because of the disaster. The disaster area is the state, territory, or tribal government in which the disaster occurs."

Or, you are thinking of...

https://www.investopedia.com/articles/personal-finance/110415/can-you-use-your-ira-buy-house.asp

"Who Qualifies for the IRA Exemption?

To use money in your IRA to buy a house, you must be a first-time homebuyer. The Internal Revenue Service (IRS) defines that status rather loosely. You are considered a first-timer if you (and your spouse, if you have one) haven't owned a home at any point during the last two years."

https://www.irs.gov/taxtopics/tc557

So, to review:

IRA, not 401(k)

$10k, not $25k

You might want to bookmark those resources.