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    kactreynolds's Avatar
    kactreynolds Posts: 1, Reputation: 1
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    #1

    Jan 9, 2007, 03:20 PM
    401k distribution
    My husband died in 2006, he had a 401k with me (spouse) as his benificiary. We have 2 young sons and I cashed out the 401k to use for the down payment of a primary residence. All of the paperwork has not been done, but I will get all of the papers in order during 2007. Is there a certain amount of time that I have to reinvest the 401k before I have to pay a lot of taxes on it? Please let me know.

    Thanks
    Karen
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 11, 2007, 09:43 AM
    Karen:

    If you have NOT cashed out yet, a BETTER way to handle this is to roll the 401K over into a rollover IRA.

    Once that is done, you can then take the distribution from the IRA and probably claim the First Time Home Buyer exception on up to $10,000 of the distribution. The money will still be subject to federal and state income taxes, but the first $10,000 will be exempt from the 10% Early Withdrawal Penalty.

    The First Time Home Buyer Exception does NOT apply to 401K distributions.

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