Early Withdrawal Penalty Tax Preference Item

Ltssharon
  |     |   471 posts since 2020

For high income earners, are early withdrawal penalties on cds considered tax preference items for taxes? My ewps this year are getting close to the standard deduction amount. I have no other deductions that qualify and there are still more cds I could break so this question is relevant to cd decisions. Thank you;



Answers
LongTimeDAFan
  |     |   69 posts since 2022
Last year I had some significant EWPs to deduct on my taxes, and they were deducted separately from my Standard Deduction. In other words, they do not affect your standard deduction or itemized deductions. Instead, they are a reduction to your income. (Not a tax professional and do not play one on TV, but this is how it was done on my taxes for 2022.)

The EWPs are shown on your 1099-INT, either on line 2 or as a reduction on the income reported on line 1. (The only place I've seen it done as a reduction in income on line 1 has been with PenFed. All of the other CUs I've done EWPs with list the EWP on line 2.) So when you do your taxes, the EWPs are reported when you're entering your income, not in the next section when you are reporting your deductions.
Kaight
  |     |   1,192 posts since 2011
I'm not an enrolled agent or any sort of tax expert whatsoever. So this is merely my opinion:

A check of Form 6251 for 2022 reveals no line 2 letter entry for EWP add backs. And goodness knows there are a great many other ones, all the way from "a" to "t"! So that appears to leave the line 3 catch all as the only possible place you could enter an EWP add back.

Absent specific mention anywhere, I don't think EWPs are a preference item. Best bet would be to try it on that basis. If the IRS takes exception, worst thing likely to happen is you will receive a letter requesting more money.

There is always the possibility of an IRS letter ruling concerning this matter and I didn't probe that deeply. But letter rulings are often so obscure that many IRS agents remain unaware of such outcomes, to the benefit of taxpayers.  On that one I speak from personal experience.

https://www.irs.gov/pub/irs-pdf/f6251.pdf

https://www.irs.gov/instructions/i6251


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