Elizabeth, CO asked in Tax Law for Colorado

Q: Are there any Colorado penalties for withdrawing from a 401a account early and when does the IRS assess it's 10% penalty

Live in Colorado full time. Quit a job that had a 401a instead of paying into S.S. There's not a lot of money in the account and I could use the money to fix somethings around the house. My current job uses PERA for retirement instead of S.S. I know that the IRS will impose a 10% penalty for early withdraw. I need to know if Colorado will impose some kind of penalty and if so how much? I would also like to know if the IRS' penalty is imposed right when I withdraw the money or when I go to file my taxes next year?

Thank you,

N.L.

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1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Licensed in Colorado

A: There's no state level penalty, but you can generally exclude income as taxable to CO if you wait. Colorado FYI Publication 25 https://www.colorado.gov/pacific/sites/default/files/Income25.pdf

The federal penalty is imposed on your F1040 so you'll incur it when you file your return.

Exceptions to the additional 10% tax apply for early distributions that are:

Made to a beneficiary or estate on account of the IRA owner's death

Made because you're totally and permanently disabled

Made as part of a series of substantially equal periodic payments for your life (or life expectancy) or the joint lives (or joint life expectancies) of you and your designated beneficiary

Qualified first-time homebuyer distributions

Not in excess of your qualified higher education expenses

Not in excess of certain medical insurance premiums paid while unemployed

Not in excess of your unreimbursed medical expenses that are more than a certain percentage of your adjusted gross income

Due to an IRS levy of the IRA under section 6331 of the Code, or

A qualified reservist distribution

IRS Topic 557 https://www.irs.gov/taxtopics/tc557

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