A penalty assessed on the early withdrawal of funds from a time savings account or certificate of deposit is deductible in determining adjusted gross income (AGI), even if it exceeds the interest income earned on the account during the year (IRC § 62(a)(9)).
However, some early distributions qualify for a waiver of that penalty — for instance, certain types of hardships, higher education expenses and buying a first home.
You can deduct the penalty (even if it is more than your interest income) on Form Schedule 1, line 17.
However, there are exceptions to this early distribution penalty. The penalty doesn't usually apply to distributions from your employer plan or IRA if any of these are true: You're totally and permanently disabled. Your beneficiary receives the distribution from your retirement plan after your death.
Earnings can be withdrawn without paying taxes and penalties if you are at least 59½ years old and your account has been open for at least five years. In general, if withdrawals don't meet this criteria, they will be subject to income taxes and the 10% penalty. An exception is if you become disabled.
Deferring Social Security payments, rolling over old 401(k)s, setting up IRAs to avoid the mandatory 20% federal income tax, and keeping your capital gains taxes low are among the best strategies for reducing taxes on your 401(k) withdrawal.
The administrator will likely require you to provide evidence of the hardship, such as medical bills or a notice of eviction.
In the case of IRAs, you can avoid a 10 percent penalty on IRA withdrawals related to medical hardship, among other reasons. But the hardship amount must be the difference between the actual need and 10 percent of your adjusted gross income.
Generally, early withdrawal from an Individual Retirement Account (IRA) prior to age 59½ is subject to being included in gross income plus a 10 percent additional tax penalty.
The IRS charges a 20% tax withholding and a 10% penalty for early withdrawals. Plus, if you spend the money in your 401(k), it's no longer there for you in retirement. That said, there are some ways to access your savings before age 59 1/2 without paying a penalty.
Enter your early withdrawal penalty on line 18 of the 2021 Schedule 1, located in Part II of the schedule, "Adjustments to Income." Total all of your adjustments to income from Part II on line 26 of the schedule, and then transfer this sum to line 10 of your 2021 Form 1040.
In many cases, it makes sense to leave your money in a CD for the full term to avoid having to pay the early withdrawal penalty. However, there are times when you decide paying the penalty is worth it. One example would be when you need the money to cover an emergency expense.
Withdrawing money from your 401(k) is not the same thing as cashing out. You can do a 401(k) withdrawal while you're still employed at the company that sponsors your 401(k), but you can only cash out your 401(k) from previous employers. Learn what do with your 401(k) after changing jobs.
If you withdraw from your retirement early, you usually have to pay a 10% penalty, plus taxes on the money you take out. There are some exemptions to the early withdrawal penalty. Lying to get a 401(k) hardship withdrawal can result in fines, tax penalties, job loss and even jail time.
If your plan allows hardship withdrawals, you may need to prove to your employer or self-certify that you meet your plan's requirements. If your plan doesn't allow hardship withdrawals, you may still be able to make a non-hardship early withdrawal or take out a 401(k) loan.
Hardship distribution for a reason not allowed by the plan
For example, if the plan states hardship distributions can only be made to pay tuition, then the plan can't permit a hardship distribution for any other reason, such as a home purchase.
Under the new rules related to the SECURE 2.0 Act of 2022, employees may state they had emergency expenses that merit a hardship withdrawal. Beginning in 2024, they can take up to $1,000 per year for emergency expenses without incurring the usual 10% early withdrawal penalty.
TurboTax Tip:
Exceptions to the early withdrawal penalty include total and permanent disability, unreimbursed medical expenses, and separation from service at age 55 or older from the employer plan at the job you are leaving.
Once you reach 59½, you can take distributions from your 401(k) plan without being subject to the 10% penalty. However, that doesn't mean there are no consequences. All withdrawals from your 401(k), even those taken after age 59½, are subject to ordinary income taxes.
The easiest way to borrow from your 401(k) without owing any taxes is to roll over the funds into a new retirement account. You may do this when, for instance, you leave a job and are moving funds from your former employer's 401(k) plan into one sponsored by your new employer.
Do you pay taxes twice on 401(k) withdrawals? We see this question on occasion and understand why it may seem this way. But, no, you don't pay taxes twice on 401(k) withdrawals. With the 20% withholding on your distribution, you're essentially paying part of your taxes upfront.
For this, you have two options: Elect for the distributor to withhold enough in federal taxes to cover the penalty. By default, companies will withhold 10% of the distribution when it is paid for federal income taxes, but you can submit a Form W-4P or W-4R to elect to withhold the additional 10% penalty.