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Roth IRA early distribution: Principal subject to 10% tax before 5 years?

Posted on 6/27/14 at 11:32 am
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 6/27/14 at 11:32 am
I was told by my online broker that, if you take an early withdrawal of the principal in a Roth IRA, you are subject to a 10 percent penalty unless a certain time period elapsed. Is that correct?

I checked the IRS website and saw the five-year amount listed. The internet opinions regarding this are all over the place.

Regarding the 5-year rule:

"The distribution from the Roth IRA is
not a qualifieded distribution. The
portion of the distribution allocable
to earnings may be subject to tax
and it may be subject to the 10%
additional tax."

Page 72 of Publication 590 states states the sentence above. However, it only specifies earnings.

LINK

This post was edited on 6/27/14 at 12:09 pm
Posted by TheHiddenFlask
The Welsh red light district
Member since Jul 2008
18384 posts
Posted on 6/27/14 at 12:03 pm to
quote:

The portion of the distribution allocable to earnings may be subject to tax and it may be subject to the 10% additional tax.


Sounds like your broker is wrong.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 6/27/14 at 12:06 pm to
Agreed.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/27/14 at 12:06 pm to
Your broker is wrong. You can withdraw up to the total amount you have contributed at any time without paying taxes or penalties. Anything above that is subject to it though.

If you had a traditional IRA, then your broker would be correct.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 6/27/14 at 12:12 pm to
Is what I cited above enough? Basically I had to do this in 2012 for an unexpected expense, and last week I received notification from the IRS that I owed $2800 from documentation that the Clearing House sent (basically they wanted me to pay taxes, interest, and a 10% penalty on a Roth IRA withdrawal).

I called the broker and they agreed the IRS was just provided inaccurate information regarding the type of IRA withdrawal it was (principal, not earnings), but they insisted I owed the 10% penalty. I do not think I owe anything, as I withdrew $8200 of solely principal.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37105 posts
Posted on 6/27/14 at 12:33 pm to
Roth's are confusing. Your Roth balance is made up of four buckets. When distributions are made, they are assumed made from the first bucket until exausted, and then down to the second, third, and fourth buckets.

1) Regular Roth contributions
2) Taxable conversion contributions (i.e. rolling a trad IRA into a Roth, you pay tax on an amount that you convert)
3) Nontaxable conversion contributions (if you had a traditional IRA you converted to a Roth, and that traditional IRA had nondeductible contributions in it, this amount would go here)
4) Earnings

Amounts taken out of the first bucket are tax and penalty free at any time.

Amounts taken from the second bucket are not subject to income tax. However, if the 5 year clock has not been met, these amounts are subject to the 10 percent penalty. There are exceptions available to this penalty.

Amounts taken from the third bucket are not subject to income tax, nor 10 percent penalty, no matter when they are withdrawn.

Amounts taken from the fourth bucket are subject to income tax unless they are qualifed distributions (qualified distributions are ones that meet the 5 year test AND the 59.5 age test (the exceptions to the 59.5 year age test are disability, first time homebuyer, and inherited assets). Further, if they are not qualified distributions, they are subject to the 10 percent penalty, unless one of the standard penalty waivers apply.

Confused yet???

When you filed the tax return in 2012, you should have filed Form 8606, Part III, and you may have had to file Form 5329 if you had a penalty issue. You need to complete those now and send them back with the IRS notice.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 6/27/14 at 2:17 pm to
I read the instructions on Form 8606, Part III. Sounds like I should be good.

Thanks for your help!
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37105 posts
Posted on 6/27/14 at 2:30 pm to
You indicated above you withdraw $8,200 of "principal." If all of that was actual Roth IRA contributions, and not IRA conversions, then yes, fill out the Part III and send it in. Attach a statement saying that you are very sorry that you did not include it originally.

That's the only way the IRS knows that it's not taxable. Otherwise, it just sees the 1099 that your broker sent in to them, and assumes it is indeed taxable and subject to penalty.
Posted by TheHiddenFlask
The Welsh red light district
Member since Jul 2008
18384 posts
Posted on 6/27/14 at 3:34 pm to
This thread delivered.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 6/27/14 at 5:06 pm to
No IRA conversions. Just Roth contributions. Thanks.
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 6/28/14 at 5:54 pm to
You can also make withdrawals from a Roth for educational purposes.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 8/7/14 at 3:34 pm to
Just wanted to say, thanks to the help of this board, I submitted paperwork and an explanation to the IRS, and got a letter back today saying I owed nothing.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 8/7/14 at 3:41 pm to
once you've exhausted your own Roth contributions, what happens with employer matching contributions, are they taxed/penalized?
Posted by hungryone
river parishes
Member since Sep 2010
11987 posts
Posted on 8/7/14 at 4:25 pm to
Once again, LSUFanHouston rates a prize for "helpful post of the week".
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 8/26/14 at 1:55 pm to
bump for my question
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 8/26/14 at 2:02 pm to
Can you elaborate on your question? Are you talking about withdrawing from a Roth 401k, or are you referring to withdrawing from a Roth IRA after being converted from a 401k that you had with a previous employer?
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 8/26/14 at 2:08 pm to
quote:

Roth's are confusing. Your Roth balance is made up of four buckets. When distributions are made, they are assumed made from the first bucket until exausted, and then down to the second, third, and fourth buckets.

1) Regular Roth contributions
2) Taxable conversion contributions (i.e. rolling a trad IRA into a Roth, you pay tax on an amount that you convert)
3) Nontaxable conversion contributions (if you had a traditional IRA you converted to a Roth, and that traditional IRA had nondeductible contributions in it, this amount would go here)
4) Earnings

Amounts taken out of the first bucket are tax and penalty free at any time.

Amounts taken from the second bucket are not subject to income tax. However, if the 5 year clock has not been met, these amounts are subject to the 10 percent penalty. There are exceptions available to this penalty.

Amounts taken from the third bucket are not subject to income tax, nor 10 percent penalty, no matter when they are withdrawn.

Amounts taken from the fourth bucket are subject to income tax unless they are qualifed distributions (qualified distributions are ones that meet the 5 year test AND the 59.5 age test (the exceptions to the 59.5 year age test are disability, first time homebuyer, and inherited assets). Further, if they are not qualified distributions, they are subject to the 10 percent penalty, unless one of the standard penalty waivers apply.



I was wondering where employer matching contributions stacked up in this distribution bucket order

Posted by LSUchuck
Member since Dec 2004
1546 posts
Posted on 8/26/14 at 2:28 pm to
Employers don't match in Roth's.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26579 posts
Posted on 8/26/14 at 3:19 pm to
I would presume they do in Roth 401ks. That is why I am wondering if he is getting them confused. I don't know of a scenario in which you would be drawing employer contributions from a Roth IRA unless it was part of a rollover.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37105 posts
Posted on 8/26/14 at 3:33 pm to
Any contribution that an employer makes to a 401(K) or similar account is a pre-tax, regular contribution - i.e. not a Roth.

So if you have a 401(K) with Roth designated contributions, you really have two balances - one with your contributions, and one (that is not a Roth) with the employer contributions.

Once you rolled your 401(K) balance to an Roth IRA, that amount would end up in Bucket 2.
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