Writing off tax penalty from retirement withdrawal

Writing off tax penalty from retirement withdrawal

Olyphant, PA 路 Member since 2015 路 6 posts 路 4 votes

Good morning everyone, this is my first Bigger Pockets post and I'll make it short and sweet. 

I was a Federal Employee for 7 years. I was in the Thirft Savings Plan (TSP) which is equivalent to a 401K. I have approximately 29k in my account. If I were to do a full withdrawal, I would have 20% in federal tax withholding and 10% penalty.

My question is, if I use this money to invest in my first property (a house-hack) could I write off the penalty and maybe even some of the federal withholding? 

Thank you, Ken 

0Reply
10 views

6 Replies

Jump to latestLatest
  • Investor 路 Pawleys Island, SC 路 Member since 2008 路 1k+ posts 路 837 votes
    9y

    @Ken Byers

    As a general rule, the 20% withholding is treated the same as the income tax withholding you have on your paycheck. At tax time, show the 20% as additional taxes withheld. Show the full amount withdrawn from your TSP as additional income on your 1040.

    Although the amount withdrawn is taxable as ordinary income, you may be able to avoid the 10% early withdrawal penalty if the entirety of the funds were used for a qualified purpose which would include a qualified home purchase.

    Consult your CPA for specific guidance.

  • Olyphant, PA 路 Member since 2015 路 6 posts 路 4 votes
    9y

    Thank you Dave 馃憤

  • Jake HottenrottPro Member
    CPA 路 Belleville, IL 路 Member since 2014 路 255 posts 路 269 votes
    9y

    @Ken Byers - You will definitely want to talk to your CPA or reach out to one on the forums. There are a few strategies that might work for you to avoid the 10% penalty depending on if this is your first home purchase or if you are still involved with the TSP in a capacity that allows you to take a loan.

  • Lance LvovskyPro Member
    Accountant 路 Fort Lauderdale, FL 路 Member since 2013 路 1k+ posts 路 753 votes
    9y
    In general, you cannot write off penalties. Talk to a CPA
  • Olyphant, PA 路 Member since 2015 路 6 posts 路 4 votes
    9y

    Jake Hotternott, because I am no longer a Federal Employee, a loan is not an option. My CPA is not a real estate CPA so I will reach out to one on the forums. Thank you for your response 馃憤

  • Rental Property Investor 路 Mercer Island, WA 路 Member since 2008 路 22k+ posts 路 14k+ votes
    9y

    Keep in mind that the amount you withdraw is taxed as income.  20% may be withheld, but the actual tax may be more or less than 20%, depending on your situation.  This amount is going to come on top of your other income for the year.  If you're in the 15% bracket after other income, your tax will be only 15% of the amount you take out.  OTOH, if you're in the 28% bracket, the actual tax will be 28% of the amount.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.