Discussion:Medial expense exeption to early withdrawel penalty

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Discussion Forum Index --> Tax Questions --> Medial expense exeption to early withdrawel penalty

DR BRISKET (talk|edits) said:

7 August 2006
My client withdrew $10,000 in IRA's last year to pay for medical expenses for her dependent son. Since she is under age 59 1/2, she would generally be subject to the 10% early withdrawal penalty, which would be $1,000. The client's total qualified medical expenses were $15,200. 7.5% of client's AGI is $12,100, meaning she has a $3,100 medical deduction for Schedule A. My question is how much, if any, of the $10,000 IRA distribution qualifies for the early withdrawal exception? I'm thinking I will have to start with the $10,000 in IRA distributions, and then subtract the 7.5% AGI threshhold of $12,200, leaving a result of zero than can be excepted. Or, would the exception be $3,100 (the total medical expenses less the 7.5% AGI threshhold). Thanks for any assistance offered.

Michaelstar (talk|edits) said:

7 August 2006
I have pasted in the instructions from Pub 590 for you. It would appear to me your calculation of: $15,200 - $12,100 = $3,100 is correct.

Unreimbursed medical expenses. Even if you are under age 59½, you do not have to pay the 10% additional tax on distributions that are not more than:

   *      The amount you paid for unreimbursed medical expenses during the year of the distribution, minus
   
  • 7.5% of your adjusted gross income (defined later) for the year of the distribution.

You can only take into account unreimbursed medical expenses that you would be able to include in figuring a deduction for medical expenses on Schedule A, Form 1040. You do not have to itemize your deductions to take advantage of this exception to the 10% additional tax.

1040man (talk|edits) said:

8 August 2006
According to the IRS agent that I talked to just recently, if the taxpayer had medical expenses over the 7.5% like only $10 the 10 % penalty does not apply. The taxpayer was questioned on their 2004 about that very fact and when I faxed a Form 5329 and a Schedule A showing medical expenses over the 7.5% the IRS said thanks for the info and there will be no penalty. Total distribution was for $9,494 and they were $1,166 over the 7.5%.

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