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Tax on Early Plan Distributions

 

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Subject Author Date
Tax on Early Plan Distributions PT 06-29-2007
Posted by PT on June 29, 2007, 6:08 pm
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Normally distributions from an IRA or qualified retirement
plan are subject to a 10% penalty tax unless an exception
applies. But I seem to recall that governmental plans
aren't "qualified plans" - that is, they're not subject to
IRS approval or scrutiny.

So suppose a taxpayer received a separation payout from the
California Teachers' Retirement System. None of the
exceptions in the Form 5329 instructions apply. Is this
distribution subject to the 10% penalty?

--
PT

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Posted by A.G. Kalman on July 1, 2007, 6:06 pm
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PT wrote:

> Normally distributions from an IRA or qualified retirement
> plan are subject to a 10% penalty tax unless an exception
> applies. But I seem to recall that governmental plans
> aren't "qualified plans" - that is, they're not subject to
> IRS approval or scrutiny.
>
> So suppose a taxpayer received a separation payout from the
> California Teachers' Retirement System. None of the
> exceptions in the Form 5329 instructions apply. Is this
> distribution subject to the 10% penalty?

All of the CalStrs plans are qualified plans and the members
are subject to early withdrawal rules.

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

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