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

    Apr 10, 2006, 11:24 AM
    Early withdrawl penalty
    I took a 401K withdrawl to pay for daughters college. I paid it back while employed. I changed jobs and I was issued a 1099-R as income from the unpaid balance of the original withdrawl. Question is: Can the 10% penalty be waived for early withdrawl from 401K or is relief only applicable with an IRA withdrawl? If that is the case, for this year, should I roll my 401K into a IRA so I can withdrawl for more college,( yes... $90K a year... ouch!) in 2006/7
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 11, 2006, 08:49 AM
    Last question first: Yes, roll the money over into an IRA so it is available to pay for the college without paying the 10% early withdrawal penalty.

    I do not have my reference material with me, but I believe that you are stuck with paying the 10% penalty, because the early withdrawal was due to the need to pay the 401K loan due to job termination, not educational expenses (at least that's how your 401K custodian views it).

    I suggest you get professional tax help. A season pro may be able to find a loophole to prevent you from paying the 10% early withdrawal penalty. I would research it if I had the time, but not at this time of year.

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