Fisher Posted January 4, 2007 Posted January 4, 2007 Can anyone provide me a site I could use to provide a client as to when the early distribution penalty applies. My understanding is that is is the date the participant ACTUALY attains age 591/2 not the calendar year which they turn 59 1/2
Michael Devault Posted January 5, 2007 Posted January 5, 2007 It's also clarified in IRS Pub 590 (for IRAs). The most recent version I have is for 2005 returns, and on page 49 it states: "After you reach age 59½, you can receive distributions without having to pay the 10% additional tax." Hope this helps.
himt4 Posted January 5, 2007 Posted January 5, 2007 The 2006 Pension Answer Book, Q16.4, asks "what does age 59 1/2 mean"?. It answers "Although there is no provision defining age 59 1/2, it is believed that it means the actual date on which the employee attains age 59 1/2" So, if no exception applies, if someone receives a distribution before the date that is 182.5 days after their 59th birthday, it seems they get a 10% penalty.
BG5150 Posted January 5, 2007 Posted January 5, 2007 Why is it 59 and a HALF? Why not just 59? Or 60? Why screw around with this half-year crap? QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Guest mjb Posted January 5, 2007 Posted January 5, 2007 b/c 59 1/2 was the date selected by congress for penalty free distributions from HR-10 plans for self employed persons in 1962.
RCK Posted January 5, 2007 Posted January 5, 2007 And that was undoubtedly a compromise between competing factions--a concept that was carried over to the beginnings of ERISA. As I recall (oops--as my dad told me) one side wanted the IRS in charge, and the other watned the DOL--voila, lets put them both in charge.
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