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Past Questions Main

Question: I have my IRA with you -- it's a regular one. We hear at work that our division is going to be closed. That means I may need to tap into this money until I find a new job. (I have two children in college.) Can I do that without a penalty?

Jonathan

Answer:

Dear Jonathan,

Your IRA is not locked up -- you can tap into it, but do so very carefully, very reluctantly and only as a last resort.

Here are the circumstances in which you can take money out of a traditional IRA without paying the early withdrawal 10% tax penalty.

From what you've written, you may possibly qualify for #2, #4 and #6.

1) Disability. The owner of the IRA who becomes disabled may make early withdrawals... but he or she must be able to prove that they cannot work.

2) Annuitizing. You can make a series of "substantially equal" annual withdrawals for 5 years or until you turn 59 1/2 (whichever is longer). The amount is based on your life expectancy as predicted by the IRS.

3) Unreimbursed medical expenses. You can withdraw money if it is used to pay for expenses that exceed 7 1/2% of your adjusted gross income (AGI).

4) Medical insurance premiums. In this case, withdrawals can be made only after you have received unemployment compensation for more than 12 weeks.

5) Purchase of a first home. This withdrawal is subject to a lifetime limit of $10,000.

6) Higher education. Withdrawals can be made in order to pay for qualified higher education expenses for you (as the owner of the IRA) or for any eligible family members -- your spouse, children, and in some cases, even grandchildren. The student must be enrolled at least halftime in a post-secondary program. Expenses include tuition, room & board, books and supplies.

7) Back taxes. Withdrawals can be used to pay back taxes when the IRS places a levy against your IRA.

The 60-day Loan

The IRS also permits you to borrow from your IRA for 60-days. This type of loan is both tax-free and penalty free. However, you must return the money to your account within the 60 days, otherwise you'll be subject to both taxes and penalties. This 60-day loan is available once a year.

401(k) Loans

If you have a 401(k) where you work, keep in mind that most companies allow employees to borrow from their 401(k) without paying income tax or a penalty -- provided they pay back the full amount within 5 years.

Typically you can borrow up to 1/2 the vested amount in your account but no more than $50,000. There's no credit check which means the money is available almost immediately, usually with no explanation required. You then pay it back with interest (interest is usually 1% over prime) through automatic payroll deductions.

Good luck!

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