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  #3  
Old 04-08-2004, 08:22 PM
Harlan Lunsford
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Default Re: Early Distribution and First Home Purchase

jgd42 wrote:

- quote -

> Last year I took an early distribution from my 401k to
> purchase my first house. I had done some research before
> doing so and was under the impression that because it was
> for my first home, I would be exempt from the 10% penalty. I
> did not advise a tax accountant and I now wish I had.
> It looks like I cannot take this exception because it was
> not an IRA. Is this true?


True.

- quote -

> Could I have rolled it over to an
> IRA and then withdrawn it without penalty?


Interesting idea there. I've never read any restrictions on
doing it this way, but ... there SHOULD be a law disallowing
such.

If so, why is this allowed from an IRA but not a 401k?

Congress, in it's finite wisdom is the reason it's allowed.

Cheer$$,
Harlan Lunsford, EA n LA

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  #2  
Old 04-08-2004, 08:03 PM
Helen P. OPlanick EA
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Default Re: Early Distribution and First Home Purchase

- quote -

> Last year I took an early distribution from my 401k to
> purchase my first house. I had done some research before
> doing so and was under the impression that because it was
> for my first home, I would be exempt from the 10% penalty. I
> did not advise a tax accountant and I now wish I had.
> It looks like I cannot take this exception because it was
> not an IRA. Is this true?


Yep.

- quote -

> Could I have rolled it over to an
> IRA and then withdrawn it without penalty?


Not if you are still with the employer.

- quote -

> If so, why is
> this allowed from an IRA but not a 401k?


Ask your Congress critter, they set the laws.

Helen, EA in PA
Member of The Tax Gang
Director, National Assoication of Enrolled Agents
Immediate Past President, PA Society of Enrolled Agents

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  #1  
Old 04-08-2004, 07:43 PM
Rich Carreiro
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Default Re: Early Distribution and First Home Purchase

"jgd42" <jgd42-tat[at]yahoo.com> writes:

[took early distribution from 401(k) to purchase
house, got dinged by 10% early withdrawal penalty]

- quote -

> It looks like I cannot take this exception because it was
> not an IRA. Is this true?


Yes.

- quote -

> Could I have rolled it over to an
> IRA and then withdrawn it without penalty?


Yes.

- quote -

> If so, why is this allowed from an IRA but not a 401k?

Good question. Ask your Congresscritter -- they wrote
the law.

--
Rich Carreiro rlcarr[at]animato.arlington.ma.us

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Old 04-08-2004, 07:05 PM
Phil Marti
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Posts: n/a
Default Re: Early Distribution and First Home Purchase

"jgd42" <jgd42-tat[at]yahoo.com> writes:

- quote -

> Last year I took an early distribution from my 401k to
> purchase my first house. I had done some research before
> doing so


Not enough, evidently

- quote -

> and was under the impression that because it was
> for my first home, I would be exempt from the 10% penalty. I
> did not advise a tax accountant and I now wish I had.
> It looks like I cannot take this exception because it was
> not an IRA. Is this true?


Yes

- quote -

> Could I have rolled it over to an
> IRA and then withdrawn it without penalty?


Possibly. You don't give enough information about your
employment status with the 401(k) sponsor, but had the
distribution come from an IRA the penalty would not apply.

- quote -

> If so, why is this allowed from an IRA but not a 401k?

Because Congress is the mommy and Congress says so.

Phil Marti
Topeka, KS

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  #-1  
Old 04-07-2004, 10:06 AM
jgd42
Guest
 
Posts: n/a
Default Early Distribution and First Home Purchase

Last year I took an early distribution from my 401k to
purchase my first house. I had done some research before
doing so and was under the impression that because it was
for my first home, I would be exempt from the 10% penalty. I
did not advise a tax accountant and I now wish I had.

It looks like I cannot take this exception because it was
not an IRA. Is this true? Could I have rolled it over to an
IRA and then withdrawn it without penalty? If so, why is
this allowed from an IRA but not a 401k?

Thanks for your help in advance.

Joe

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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distribution, early, home, purchase
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