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    rarobinson17's Avatar
    rarobinson17 Posts: 3, Reputation: 1
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    #1

    Feb 19, 2009, 02:01 PM
    Early withdrawal from 401K due to disability
    I was retired last year because of a back injury and told by my doctor that I was not capable of continuing my job as before. Also I was told that I was disabled and put into disability by my company and private insurer.
    Long story short I had to withdraw funds from my 401-K to survive,pay off bills and be able to pay medical insurance bills, etc.
    Am I able to be forgiven for my withdrawals as far as taxes because of these circumstances?
    I have documentation showing being under disablility and not being able to work.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 20, 2009, 01:32 AM

    Exceptions to Early Withdrawal
    1. If you are totally and permanently disabled,
    2. You have deductible medical expenses (medical expenses that exceed 7.5% of your adjusted gross income), whether you itemize your deductions for the year.
    rarobinson17's Avatar
    rarobinson17 Posts: 3, Reputation: 1
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    #3

    Feb 20, 2009, 06:43 AM
    Are there forms I need to have filled out to do this? When I look at the 1099-R it says taxable income.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Feb 20, 2009, 02:21 PM

    The distributions are indeed taxable - you can't avoid that. What Mukata was referring to is that you qualify for not also having to pay the 10% early withdrawal fee. To see what form (if any) is needed to avoid paying the penalty - what is the distribution code that is printed in Box 7 of your 1099-R?
    rarobinson17's Avatar
    rarobinson17 Posts: 3, Reputation: 1
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    #5

    Feb 21, 2009, 08:31 AM
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    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #6

    Feb 23, 2009, 06:48 AM

    Distribution Code "1" means that this is an early distribution with no known exception, hence subject to the 10% penalty. If you are permanently and totally disabled you should complete form 5329 and submit it with your taxes next year to document that you meet the exception.

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