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Keisha Taylor

When does the 10 percent early withdrawal penalty for 401k get assessed? Need some guidance!

I left my job back in September 2023 and decided to cash out my 401k since I needed the money for some unexpected expenses. I know both state and federal taxes were already withheld when I received the distribution, but I'm really confused about the 10 percent early withdrawal penalty. Did they already take that out too? Or do I need to pay it separately when I file my taxes? I used to just get a regular W-2 from my employer, but this is my first time dealing with a retirement account withdrawal. Will this penalty reduce my tax refund that I'd normally get from working most of the year? Any help would be super appreciated because I'm honestly lost about how this all works!

The 10% early withdrawal penalty typically isn't withheld automatically when you take your distribution - it's calculated when you file your taxes. Here's how it works: When you took your 401k distribution, the plan administrator likely withheld 20% for federal taxes (and possibly some state taxes too), but the 10% penalty is usually handled separately. You'll receive a Form 1099-R from your old employer or plan administrator showing the distribution, and it will have a code in Box 7 indicating the type of distribution. You'll report this distribution on your regular tax return (no separate filing needed) using Form 5329 alongside your 1040. This form calculates the 10% penalty, which then gets added to your total tax bill. So yes, it can reduce your expected refund or potentially create a balance due depending on your overall tax situation.

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Wait, so they take 20% for taxes but the 10% penalty gets calculated separately? Does that mean I'll probably owe money when I file? My distribution was about $14,000 if that matters.

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The 20% withholding is mandatory but just an estimate of what you might owe in regular income taxes - it doesn't account for the penalty. Whether you'll owe more depends on your total income, deductions, and other factors. For a $14,000 distribution, the 10% penalty would be $1,400. So if they withheld $2,800 (20%) for federal taxes, you'd owe the $1,400 penalty plus whatever difference exists between your actual tax liability and what was already withheld. Your overall tax situation will determine if you end up owing or still getting a refund.

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This happened to me last year and I was totally confused too! I found this service https://taxr.ai that saved me so much stress. I uploaded my 1099-R and they explained exactly how the 10% penalty worked and how much I would owe. Unlike the 20% withholding that happens automatically, they confirmed the penalty gets calculated when you file. They even helped me understand some exceptions that might apply (I didn't qualify for any, but worth checking if you do!).

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Did they actually help with the whole Form 5329 thing? That's the part I'm dreading. I took a hardship withdrawal but I'm not sure if that exempts me from the penalty.

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How long did it take them to analyze your 1099-R? I'm kinda skeptical about these tax services - seems like they're just telling you stuff you could Google?

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They walked me through exactly how to complete Form 5329 based on my specific situation. Super helpful since the form is pretty confusing if you've never done it before. It took literally minutes for them to analyze my 1099-R - I just uploaded it and got instant feedback. I thought the same thing about Google at first, but the difference is they actually looked at my specific situation and documents. They pointed out that the distribution code in Box 7 of my 1099-R meant certain things for my tax situation that I wouldn't have known to look for.

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Just wanted to follow up - I tried that taxr.ai site after my earlier comment. It was actually really helpful! I uploaded my 1099-R and found out my hardship withdrawal DID qualify for an exception to the 10% penalty because it was for medical expenses over 7.5% of my AGI. Would have completely missed that otherwise. The site explained exactly which box to check on Form 5329 and saved me about $2,300 in penalties. Definitely recommend if you're confused about your 401k withdrawal!

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Just a heads-up - I had to call the IRS about a similar issue last year and it was a NIGHTMARE. Spent hours on hold only to get disconnected. Finally found https://claimyr.com which got me through to an actual IRS agent in like 20 minutes. They have this demo video too: https://youtu.be/_kiP6q8DX5c. The agent confirmed that even though my plan administrator didn't withhold the 10% penalty, I could actually request they update my withholding amount if I contacted them within the same tax year as the distribution. Too late for that now probably, but might help someone else.

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How exactly does this service work? Do they just call the IRS for you or what? Seems weird.

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No way this actually works. I've tried EVERYTHING to get through to the IRS. Unless they've got some special backdoor number, I don't see how they're getting through when millions of people can't.

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They don't call for you - they use some technology that navigates the IRS phone tree and holds your place in line. When they reach a real human, they call you and connect you directly to the agent. It's your conversation, they just handle the hold time. It definitely works! That's the crazy part. From what I understand, they use automated systems to navigate the phone menus and stay on hold, then when they actually reach an agent, they call and connect you. I was skeptical too, but after waiting on hold myself for 3+ hours the day before, I was willing to try anything.

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I need to eat my words from yesterday. After commenting, I decided to try Claimyr because I was desperate to talk to someone about my 1099-R issues. IT ACTUALLY WORKED. Got connected to an IRS agent in about 25 minutes when I'd been trying for WEEKS on my own. The agent confirmed exactly what others were saying - the 10% penalty isn't automatically withheld but gets calculated when you file Form 5329. She also helped me understand which exemptions might apply to my situation. Totally worth it just to get a straight answer from an official source.

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Something nobody mentioned yet - make sure to check if your state also has an early withdrawal penalty! I'm in California and got hit with both the federal 10% AND a state 2.5% penalty. Double whammy that I wasn't expecting when I filed. Some states don't have this extra penalty though.

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Ugh seriously?? I'm in Massachusetts. Anyone know if they have a state penalty too? This is getting expensive!

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Massachusetts does have an early distribution penalty, similar to the federal one. It's also 10% on early distributions from qualified retirement plans. Double check with a tax professional for your specific situation, but you'll likely face both the federal and state penalties when you file.

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Quick question - if I'm filing with TurboTax, will it automatically calculate all this penalty stuff or do I need to do something special?

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TurboTax will handle it if you input your 1099-R information correctly. When you enter your 1099-R, it will ask questions about your distribution and automatically complete Form 5329 for you. Just make sure you answer all the questions about potential exceptions accurately. The software should then calculate the 10% penalty and add it to your total tax.

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This is such a common confusion! I went through the exact same thing when I cashed out my 401k a few years back. The key thing to remember is that the 20% withholding they took is just an estimate for your regular income taxes - it has nothing to do with the 10% early withdrawal penalty. Here's what will happen when you file: You'll report the distribution on your tax return, and the IRS will calculate your actual tax liability on that $14,000 (plus your other income). If your tax rate is lower than 20%, you might get some of that withholding back. But then they'll tack on the 10% penalty ($1,400 in your case) as an additional tax. The good news is that Form 5329 isn't as scary as it sounds - it's pretty straightforward once you understand what you're doing. Just make sure to keep all your documentation from the 401k distribution handy when you file!

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This is really helpful, thank you! I'm new to all this tax stuff and was getting overwhelmed by all the forms and penalties. Just to make sure I understand - so the $2,800 they already took out (20% of my $14,000) was just for regular income taxes, and I'll still owe the $1,400 penalty on top of that when I file? I guess I should start setting aside money for that penalty since it sounds like it's definitely coming due.

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Yes, you've got it exactly right! The $2,800 they withheld is separate from the penalty - think of it as a down payment on your regular income taxes for that distribution. The $1,400 penalty (10% of $14,000) will be calculated and added when you file your return. One thing to keep in mind though - whether you'll actually owe the full $1,400 depends on your total tax situation for the year. If you had other jobs and they withheld taxes from your paychecks, you might have enough total withholdings to cover both your regular tax liability AND the penalty. But you're smart to set money aside just in case! Also, double-check if you qualify for any exceptions to the 10% penalty. There are several situations (like medical expenses, first-time home purchase, higher education costs) that can waive the penalty. It's worth reviewing the exceptions on Form 5329 instructions or getting help to make sure you're not paying more than you need to.

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This is exactly the kind of clear explanation I needed! I'm in a similar boat - took an early distribution last year and have been stressing about filing. Quick follow-up question: when you mention exceptions like medical expenses, do those have to be from the same year as the withdrawal? I had some major dental work done in 2023 but my 401k withdrawal was in late 2024. Would that still count as an exception or does the timing matter?

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Great question about the timing! For medical expense exceptions, the IRS generally requires that the expenses be incurred in the same year as the distribution OR that you're taking the distribution specifically to pay for qualified medical expenses. Since your dental work was in 2023 and your withdrawal was in late 2024, it likely wouldn't qualify for the medical expense exception unless you can demonstrate the withdrawal was specifically to pay off remaining debt from those 2023 dental bills. However, there might be other exceptions that could apply to your 2024 withdrawal - like if you were unemployed for at least 12 consecutive weeks, or if you used the money for qualified higher education expenses. I'd definitely recommend reviewing all the exceptions listed in the Form 5329 instructions or getting professional help to make sure you're not missing anything. Even if the dental work doesn't qualify, there might be other situations that do!

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Just wanted to add another perspective here - I work in HR and help employees with 401k questions all the time. One thing that might help ease your stress is knowing that this situation is incredibly common, especially with people leaving jobs unexpectedly. A few practical tips from what I've seen: 1. Your 1099-R should arrive by January 31st if it hasn't already - this will have all the info you need 2. The distribution code in Box 7 will be key - it tells the IRS (and you) what type of distribution this was 3. If you're using tax software like TurboTax or H&R Block, they'll walk you through the penalty calculation step by step One thing I always tell people is to not panic about the penalty amount. Yes, it's an extra cost, but it's predictable (10% of your distribution) and the forms aren't as complicated as they seem. The software handles most of the heavy lifting these days. Also worth mentioning - if you're still struggling financially, you might want to look into setting up a payment plan with the IRS if you end up owing more than you can pay at once. They're usually pretty reasonable about working with taxpayers on payment arrangements.

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I had my 401k provider take extra tax out when I got the distribution to account for the 10%. How can I get that to apply to that 10% penalty?

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That was actually really smart planning on your part! The extra tax withholding you requested will automatically be applied to your total tax liability when you file your return, including the 10% penalty. Here's how it works: When you file your taxes, the IRS looks at your total tax owed (regular income tax PLUS the 10% penalty) and then subtracts all the taxes that were withheld throughout the year (including that extra amount you had withheld from your 401k). So yes, that extra withholding will definitely help cover the penalty - you just won't see it as a separate line item. You'll still need to complete Form 5329 to calculate the penalty, but when it comes to actually paying it, the IRS will use all your withholdings (including the extra you requested) to cover your total tax bill. You were definitely thinking ahead by doing that!

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This thread has been incredibly helpful! I'm dealing with a similar situation - cashed out my 401k after losing my job last year. One thing I wanted to add that I learned the hard way: make sure you keep detailed records of WHY you took the early withdrawal. I initially thought I'd have to pay the full 10% penalty, but when I worked with a tax professional, we discovered that some of my withdrawal qualified for the "separation from service after age 55" exception (I was 56 when I left my job). Even though I didn't turn 59½ yet, this exception saved me from paying the penalty on the portion I withdrew after leaving my employer. It's worth checking ALL the exceptions on Form 5329 - there are more than you might think, and some have very specific rules about timing and circumstances. Don't just assume you have to pay the full penalty without exploring your options first!

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Wow, I had no idea about the "separation from service after age 55" exception! That's really good to know. I'm only 32 so that wouldn't apply to me, but it's encouraging to hear there are more exceptions than I realized. Did you have to provide any special documentation to prove you qualified for that exception, or was it just based on the timing of when you left your job versus when you took the distribution? I'm wondering if there are other age-related exceptions I should be aware of for future reference.

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