To discourage the use of deferred qualified retirement funds for purposes other than normal retirement, the law imposes an additional 10% tax on certain early distributions of these funds. Early distributions are those you receive from a qualified retirement plan before reaching age 59�. The term qualified retirement plan means:

• A qualified employee retirement plan such as a 401(k),
• A qualified annuity plan,
• A tax-sheltered annuity plan for employees of public schools or tax-exempt organizations,
• A Simple IRA.

Distributions that you roll over to another qualified retirement plan are not subject to this 10% tax. For more information on rollovers, select Topic 413.

There are certain exceptions to this penalty. Four of these exceptions apply to distributions from any type of qualified retirement plan. They are:

• Distributions made to your beneficiary or estate on or after your death,
• Distributions made because you are totally and permanently disabled,
• Distributions made as part of a series of substantially equal periodic payments over the life expectancy of the owner or life expectancies of the owner and the beneficiaries. If these distributions are from a qualified employee plan, you must separate from service with this employer before the payments begin for this exception to apply, and
• Distributions that are equal to or less than the amount of deductible medical expenses, whether or not you itemize.

For more information on medical expenses select Topic 502.

Additional exceptions apply to distributions from a qualified employee retirement or annuity plan. For information on these exceptions, order Publication 575, Pension and Annuity Income. The 10% tax is reported on Form 5329 and Form 1040 line 53. Form 5329 is required if one of the exceptions is met and Form 1099-R shows a distribution code of 1". Form 5329 is not required if box 7 shows distribution codes of 2", 3", or 4" or there are no exceptions and box 7 shows a distribution code of 1". In this case enter the 10% tax on line 53 Form 1040 and write no on the dotted line next to line 53.

If you have a distribution from a Simple IRA, an additional penalty may apply. Please see Publication 560, Retirement Plans for Small Business.

Distributions from a qualified retirement plan are subject to federal income tax withholding; however, if your distribution is subject to the 10% additional tax, your withholding may not be enough. You may have to make estimated tax payments. For more information on estimated tax payments, select Topic 355, or see Publication 505, Tax Withholding and Estimated Tax. Publications and forms may be downloaded from this site or ordered by calling 1-800-829-3676.

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