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Title: Can I withdraw money from my IRA before age 59½ ?
Source: [None]
URL Source: http://retireearlyhomepage.com/wdraw59.html
Published: Feb 27, 2013
Author: irs
Post Date: 2013-02-27 23:14:17 by Esso
Keywords: None
Views: 96
Comments: 4

Under current tax law you can withdraw all the money you want from an IRA before age 59½, but you have to pay regular income tax on the withdrawal plus a 10% penalty tax.

Is there a tax loophole I can use?

Fortunately, there is a loophole known as a "72(t) exception". Under current tax law (Internal Revenue Service Code Section 72(t)(2)(a)(iv)) you can avoid the 10% penalty tax if you take "substantially equal periodic payments." The Internal Revenue Service 1989 Cumulative Bulletin (Notice 89-25 on Page 666) tells you how to calculate what it considers to be "substantially equal periodic payments". IRS Revenue Ruling 2002-62 adds additional details and clarifies some issues pertaining to IRA early withdrawals. All of these engrossing volumes are very likely available at your local law library.

Can you summarize how this loophole works?

To take a series of "substantially equal periodic payments" (SEPP) from your IRA without penalty, you must withdraw money at least once a year, and you must keep taking withdrawals for five years or until you reach age 59½, whichever is longer. So, a 35-year-old must take withdrawals for twenty-five years, while a 51-year-old must take them for eight-and-a-half years. A 57-year-old would have to take withdrawals for five years, until age 62. Also, you must let a minimum of 5 years plus 1 day elapse from the date of your first SEPP withdrawal before making "unlimited" withdrawals from your IRA, even if you've reached age 59 1/2. Otherwise, the IRS will hit you with the 10% penalty and retroactive interest charges.

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#1. To: Esso (#0)

Not a lawyer. But I had to pay a 10% fee to IRS plus income taxes. I would do it it ASAP. Markets are about to crash. Inflation will take out more than 10% of you do not either buy things in bulk you will consume later or buy silver pr gold. I prefer junk silver coins from APMEX.

The Truth of 911 Shall Set You Free From The Lie

Horse  posted on  2013-02-27   23:57:43 ET  Reply   Trace   Private Reply  


#2. To: Esso (#0)

If your total income, including the withdrawal, is below the amount that triggers a filing requirement, then no 1040 filing is required, and therefore no penalty can be assessed.

Pinguinite  posted on  2013-02-28   0:47:03 ET  Reply   Trace   Private Reply  


#3. To: Esso (#0)

If you would be considered as being disabled by social security, you can take it all out with no penalty, other than income taxes, but no early withdrawal penalties.

..LIFE IS LIKE A COIN, YOU CAN CHOOSE TO SPEND IT ANYWAY YOU WISH, BUT YOU CAN ONLY SPEND IT ONCE...

Give Me Liberty  posted on  2013-02-28   1:45:28 ET  Reply   Trace   Private Reply  


#4. To: Pinguinite (#2)

If your total income, including the withdrawal, is below the amount that triggers a filing requirement, then no 1040 filing is required, and therefore no penalty can be assessed.

Look on the Federal and State tax form instructions to find out what the requirement is to file. For federal I believe those requirments to be $10,000.00 from any earnings from last year. "Income" is defined according to any earnings made during that year. This means that if you start drawing out more money from your IRA than the income requirements on the tax form, the IRS will come after you for interest penalties and may even freeze your money assets to get theirs first. IRA's work like stock trading in that if you sell off an odd lot amount of shares of stock, as long as it does not exceed $7,500.00, you're not only not required to file a tax return but the tax man cannot come after you. I know this because I helped a friend of mine fight California Franchise Tax Board when they were trying to extort money from my buddy. We won the battle but if you don't read their instructions carefully, you can get into a hell of a lot of trouble with them.

purplerose  posted on  2013-02-28   1:45:58 ET  Reply   Trace   Private Reply  


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