Has Anyone Taken Out Contributions (Not Earnings) From A Roth IRA Before 59 1/2? What Is The Proper Way To Have The IRS Not Impose The Penalty?

nao597
  |     |   16 posts since 2017

I never thought I would have to touch it early but had some major unexpected medical expenses in the family in 2018. Contributions are supposedly able to be withdrawn penalty-free at any time, but looking at Google results doesn’t give much confidence in how to do it. CSRs at brokerage not knowledgeable enough to help. I can prove a much larger basis than what I took out from past records but 1099-R box 5 is blank. Will the 8606 attached to my return fix things? And doesn’t the IRS have all the 5498 forms on record anyway? Tax software doesn’t seem to give the option for this type of thing. Any thoughts or suggestions are appreciated.



Answers
SYC
  |     |   312 posts since 2017
You may find this helpful:

https://financialducksinarow.com/1192/two-5-year-rules-for-roth-iras/

Refer to the last paragraph in this article as quoted below (underlines added):

"Of course, the regular contributions can always be taken out of the account tax free (no 5-year rule applies). "
Better yet, it appears you may ask the author directly by using comments at the end of the article.
grandcanyon
  |     |   8 posts since 2019
I thought the medical expenses have to be more than 10% of your AGI to be penalty free.
AnnO
  |     |   129 posts since 2018
https://www.fool.com/retirement/iras/the-roth-ira-part-iv-early-withdrawals.aspx says

"The early withdrawal penalty does not apply to distributions that: ... Are used to pay for unreimbursed medical expenses that exceed 7 1/2% of adjusted gross income (AGI)."

The *penalty* if you don't qualify to waive it is 10%.

But all of the possible penalty-waiving criteria matter only if you are needing to withdraw more than the total amount of your *contributions* to the Roth over the years. You only have to worry about penalties if you are also taking out some or all of your Roth's earnings/gains.
AnnO
  |     |   129 posts since 2018
You indicate the reason for your early withdrawal on Line 2 of Form 5329: https://www.irs.gov/instructions/i5329#idm140250429433920

It appears that you don't need to provide proof of it when you file, but you should save copies of the relevant medical bills in case you ever get audited for it.
AnnO
  |     |   129 posts since 2018
I overlooked that you are concerned about trying to withdraw what *you* know is contributions-only, but the brokerage doesn't appear to know. If you're able to meet the 7.5% rule, I'd just do that and not worry about it. If your bills weren't quite so high, I have not found how you should handle proving you stayed within contributions when the 1099-R doesn't reflect it. I'd suggest you ask about this on bogleheads.org, a popular forum with some very knowledgeable/experienced investors.
nao597
  |     |   16 posts since 2017
Thanks Ann. Medical expenses weren’t for me personally so not sure if that angle would work anyway. There just seems to be a dearth of information on how to take contributions out properly, which is a stated feature of the Roth. This is the first time (and hopefully the last) I have to do that before I’m 59.5. I’m just going to trust in Line 22 of Form 8606 when I file, if there’s a discrepancy and the IRS wants to talk, I can prove it’s contributions, not earnings, thus avoiding the penalty. And thanks for the bogleheads (may he RIP, he saved billions for average investors) mention. Off to search
AnnO
  |     |   129 posts since 2018
FWIW, the rules for Schedule A medical deductions allow quite a variety of relatives' medical expenses paid by you to be deducted there, so it seems reasonable that they should count for early Roth withdrawals too (but I haven't found definite confirmation for that situation). https://finance.zacks.com/taxdeductible-medical-expenses-qualifying-relatives-6798.html


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