first time home buyer – owner loan

September 15, 2009

IRA Withdrawal Penalty Exception for First Time Home Buyer?

jjoonthego asked:


If I roll my cash balance pension benefit from a former employer in to an IRA, can I immidiately withdrawal $20,000 without paying the 10% penalty by using the $10,000 first time home buyer exception for both myself and my wife? I am 38 and the money would be used to purchase our first home.

Thanks.

Jeremy

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4 Comments

  1. Rita

    In publication 590 from the IRS:

    “If both you and your spouse are first-time homebuyers (defined later), each of you can receive distributions up to $10,000 for a first home without having to pay the 10% additional tax.”

    So that would give you the penalty exception. You’d just have pay to the regular tax.

    Comment by 123456789 — September 18, 2009 @ 12:19 am

  2. Marilyn

    The pension plan is tied to *your* SSN. Only you can take out $10K and pay income taxes, but not penalty.

    If your wife has her own IRA under her *own* SSN, she can take out $10K as well.

    Comment by v b — September 19, 2009 @ 4:01 pm

  3. Bryan

    VB is correct, the other response is not.

    Helen, EA in PA

    Comment by Helen, EA in PA — September 20, 2009 @ 7:21 pm

  4. Kelly

    Not from the same IRA – but if you each have one, each of you could take out $10K from your own IRA without the 10% penalty – you’d still have to pay the income tax that year though..

    Comment by Judy — September 23, 2009 @ 11:43 am

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