Tapping retirement money early
 

George Saenz
Bankrate.com
July 16, 2004

Dear Tax Talk,
I'm almost 56 and have about $300,000 in an individual retirement account and about $170,000 in my company's 401(k). I'm considering taking a one-year salary buyout offer from my current employer. I plan to work at least part time at another, less-demanding, job. However, I know I will need to supplement my income with withdrawals from my IRA. Is this possible at my age without incurring high taxes? If so, how do I go about it? Thanks.
-- Kim

Dear Kim,
It depends what you mean by high taxes. I assume you're asking if there's a way to get around the 10-percent penalty on early withdrawals from retirement accounts.

Generally, if you take a distribution from a retirement account prior to reaching age 59½ there's a 10-percent penalty on early withdrawals. However, there are exceptions to any general rule.

The rules are slightly different for distributions from the 401(k) and the IRA. Practically anyone at any age can begin withdrawing from their 401(k) provided they no longer work at the company (referred to as separation from service), and they can take withdrawals from their IRA penalty-free if they do so at least annually and over their estimated life expectancy, or over their life and the life of their designated beneficiary (i.e., joint life expectancy). This is referred to as substantially equal periodic payments.

Payments are substantially equal periodic payments if they are made in accordance with one of the following methods.

  1. Required minimum distribution method. Under this method, the resulting annual payment is redetermined each year.
  2. The fixed amortization method. The annual payment for each year is determined by amortizing in level amounts the account balance over a specified number of years determined using the chosen life expectancy table and the chosen interest rate. Under this method, the account balance, the number from the chosen life expectancy table and the resulting annual payment are determined once for the first distribution year and the annual payment is the same amount in each succeeding year.
  3. The fixed annuitization method. The annual payment for each year is determined by dividing the account balance by an annuity factor that is the present value of an annuity of $1 per year beginning at the taxpayer's age and continuing for the life of the taxpayer (or the joint lives of the individual and beneficiary). The annuity factor is derived using the mortality table in Appendix B and using the chosen interest rate. Under this method, the account balance, the annuity factor, the chosen interest rate and the resulting annual payment are determined once for the first distribution year and the annual payment is the same amount in each succeeding year.

The latter two methods are more complex and even the IRS acknowledges that taxpayers who choose them generally need professional assistance to help them evaluate their individual circumstances.

Additionally, when you separate from service after age 55, you can take larger or nonperiodic distributions from your 401(k) account. That is, these 401(k) distributions do not have to be over life expectancy in order to avoid the 10-percent penalty.

 

 

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