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Distributions, Early Withdrawals, 10% Additional Tax

This is archived information that pertains only to the 2002 Tax Year. If you
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I changed jobs and my old employer sent me a check for my 401(k) money withholding 20% for Federal Income Tax. I rolled over the distribution to my 401(k) plan at my current employer within 60 days. Since money was withheld from the 401(k) distribution, do I have to include that money as income?

If the amount rolled over was the net amount, that is, the amount of the distribution less the tax withheld, then the 20% withholding amount not rolled over is included in gross income and subject to a 10 percent additional tax on early distributions from qualified retirement plans. Use Form 5329 (PDF), Additional Taxes on Other Qualified Plans (including IRA's), and other tax-favored accounts, to report the penalty.

If the amount rolled over was the gross amount, that is, you added an amount equal to the withholding to the amount that was rolled over, you would not add any of that amount to gross income this year or owe a 10 percent additional tax on early distributions from qualified retirement plans.

References:

  • Publication 590 (PDF), Individual Retirement Arrangements (IRAs)
  • Form 5329 (PDF), Additional Taxes on Other Qualified Plan (including IRA's), and other tax-favored accounts
  • Instructions for Form 5329, Additional Taxes on Other Qualified Plan (including IRA's), and other tax-favored accounts
  • Tax Topic 558, Tax on early distributions from retirement plans
  • Tax Topic 412, Lump-sum distributions

5.5 Pensions and Annuities: Rollovers
How long do I have to roll over a retirement distribution?

You must complete the rollover by the 60th day following the day on which you receive the distribution. (This 60-day period is extended for the period during which the distribution is in a frozen deposit in a financial institution.) A written explanation of rollover must be given to you by the issuer making the distribution. For information on distributions which qualify for rollover treatment, refer to Tax Topic 413, Rollovers from Retirement Plans. For information on the Direct Rollover Option, refer to Chapter 1 of Publication 590 (PDF), Individual Retirement Arrangements (IRA's).

References:

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