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  #9  
Old 02-02-2005, 07:59 PM
A.G. Kalman
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Default Re: early distribution

Will5144 wrote:

- quote -

> I am the original poster of this question, but I did not see
> the first replies. (Didn't show up on my server.:-)
> I did not retire at 54 and take a distribution. I retired at
> 54 and waited till 55 to take a distribution. Still subject
> to the penalty?
> Sorry if you've already addressed this. As I said I did not
> see the original reply(s).


You have an early withdrawal as you did not terminate service in
the year in which you attained age 55.

--

Alan
http://taxtopics.net

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  #8  
Old 02-02-2005, 07:40 PM
A.G. Kalman
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Default Re: early distribution

HW "Skip" Weldon wrote:

- quote -

> "A.G. Kalman" <glendale202-mtm[at]yahoo.com> wrote:

> > The rule requires that you separate from service (you don't
> > have to retire) either after attaining age 55 or in the year
> > in which you turn age 55. If you pull the plug when you are
> > age 54 and take a distribution, it is subject to the add'l
> > 10% tax. It doesn't matter if you get re-employed by that
> > employer in the following year and separate again. There is
> > no impact to the prior year event.


> Understood. But what about distributions going forward? By
> coming back into workforce for one day after 55, then
> retiring again, would he have restarted the clock and thus
> qualify for the post-55 penalty free withdrawals going
> forward?
> -HW "Skip" Weldon
> Columbia, SC


I don't see anything in IRS guidance relating to how long someone
has to be employed in any given year in order to avail themselves
to the age 55 test.

--

Alan
http://taxtopics.net

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #7  
Old 01-31-2005, 11:31 PM
Will5144
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Posts: n/a
Default Re: early distribution

I am the original poster of this question, but I did not see
the first replies. (Didn't show up on my server.:-)

I did not retire at 54 and take a distribution. I retired at
54 and waited till 55 to take a distribution. Still subject
to the penalty?

Sorry if you've already addressed this. As I said I did not
see the original reply(s).

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #6  
Old 01-31-2005, 10:53 PM
David Woods, EA, ChFC, CLU
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Default Re: early distribution

"HW "Skip" Weldon" <skip5700removethis[at]hotmail.com> wrote:
- quote -

> "A.G. Kalman" <glendale202-mtm[at]yahoo.com> wrote:

> > The rule requires that you separate from service (you don't
> > have to retire) either after attaining age 55 or in the year
> > in which you turn age 55. If you pull the plug when you are
> > age 54 and take a distribution, it is subject to the add'l
> > 10% tax. It doesn't matter if you get re-employed by that
> > employer in the following year and separate again. There is
> > no impact to the prior year event.


> Understood. But what about distributions going forward? By
> coming back into workforce for one day after 55, then
> retiring again, would he have restarted the clock and thus
> qualify for the post-55 penalty free withdrawals going
> forward?


It's not retirement at 55, it's separating from service from
THAT EMPLOYER at 55.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #5  
Old 01-30-2005, 10:22 PM
HW \Skip\ Weldon
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Posts: n/a
Default Re: early distribution

"A.G. Kalman" <glendale202-mtm[at]yahoo.com> wrote:

- quote -

> The rule requires that you separate from service (you don't
> have to retire) either after attaining age 55 or in the year
> in which you turn age 55. If you pull the plug when you are
> age 54 and take a distribution, it is subject to the add'l
> 10% tax. It doesn't matter if you get re-employed by that
> employer in the following year and separate again. There is
> no impact to the prior year event.


Understood. But what about distributions going forward? By
coming back into workforce for one day after 55, then
retiring again, would he have restarted the clock and thus
qualify for the post-55 penalty free withdrawals going
forward?

-HW "Skip" Weldon
Columbia, SC

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #4  
Old 01-27-2005, 03:19 PM
A.G. Kalman
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Posts: n/a
Default Re: early distribution

HW "Skip" Weldon wrote:
- quote -

> ill5144[at]aol.com (Will5144) wrote:

> > I know one can take money from a 403-b account without
> > penalty after age 59 and a half and also at 55 if he retires
> > then. What about someone who retires at age 54? Can he then
> > take it without penalty at 55, or does he have to wait till
> > 59 and a half?


> Unless he qualifies for another exception (disability,
> substantially equal installments, etc.), he must cool his
> heels until 59.5.
> But what if, after 55, he returns for one day and then
> re-retires?


The rule requires that you separate from service (you don't
have to retire) either after attaining age 55 or in the year
in which you turn age 55. If you pull the plug when you are
age 54 and take a distribution, it is subject to the add'l
10% tax. It doesn't matter if you get re-employed by that
employer in the following year and separate again. There is
no impact to the prior year event.

--
Alan
http://taxtopics.net

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #3  
Old 01-27-2005, 03:19 PM
A.G. Kalman
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Posts: n/a
Default Re: early distribution

Barry Picker wrote:
- quote -

> "Will5144" <will5144[at]aol.com> wrote:

> > I know one can take money from a 403-b account without
> > penalty after age 59 and a half and also at 55 if he retires
> > then. What about someone who retires at age 54? Can he then
> > take it without penalty at 55, or does he have to wait till
> > 59 and a half?


> You have to wait until 59-1/2, but keep in mind the age 55
> rule is that you have to retire in the year that you reach
> age 55. So if you retire at age 54, but it's the calendar
> year of your 55th birthday, you're OK.


There is no requirement in the Code that you have to retire.
You only have to terminate your employment with that
employer within the year in which you reach age 55.

--
Alan
http://taxtopics.net

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #2  
Old 01-26-2005, 07:43 PM
Phil Marti
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Posts: n/a
Default Re: early distribution

"Will5144" <will5144[at]aol.com> wrote:

- quote -

> I know one can take money from a 403-b account without
> penalty after age 59 and a half and also at 55 if he retires
> then. What about someone who retires at age 54? Can he then
> take it without penalty at 55, or does he have to wait till
> 59 and a half?


He has to wait. The age 55 exception applies only if you
retire within the year you turn 55 (or later).

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  #1  
Old 01-26-2005, 07:24 PM
HW \Skip\ Weldon
Guest
 
Posts: n/a
Default Re: early distribution

ill5144[at]aol.com (Will5144) wrote:

- quote -

> I know one can take money from a 403-b account without
> penalty after age 59 and a half and also at 55 if he retires
> then. What about someone who retires at age 54? Can he then
> take it without penalty at 55, or does he have to wait till
> 59 and a half?


Unless he qualifies for another exception (disability,
substantially equal installments, etc.), he must cool his
heels until 59.5.

But what if, after 55, he returns for one day and then
re-retires?

-HW "Skip" Weldon
Columbia, SC

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 01-26-2005, 07:04 PM
Barry Picker
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Posts: n/a
Default Re: early distribution

"Will5144" <will5144[at]aol.com> wrote:

- quote -

> I know one can take money from a 403-b account without
> penalty after age 59 and a half and also at 55 if he retires
> then. What about someone who retires at age 54? Can he then
> take it without penalty at 55, or does he have to wait till
> 59 and a half?


You have to wait until 59-1/2, but keep in mind the age 55
rule is that you have to retire in the year that you reach
age 55. So if you retire at age 54, but it's the calendar
year of your 55th birthday, you're OK.

Barry Picker, CPA/PFS, CFP

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 01-26-2005, 05:19 AM
Will5144
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Posts: n/a
Default early distribution

I know one can take money from a 403-b account without
penalty after age 59 and a half and also at 55 if he retires
then. What about someone who retires at age 54? Can he then
take it without penalty at 55, or does he have to wait till
59 and a half?

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

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