Overview
Withdrawing money from a traditional or Roth IRA before age 59½ normally triggers a 10% additional tax on the taxable portion of the distribution. However, the Internal Revenue Service recognizes several “penalty exceptions” that let you avoid that 10% extra tax when distributions fund certain expenses or circumstances. As a CPA with 15+ years advising individuals on retirement and tax planning, I emphasize two points: document everything and understand that an exception removes the penalty, not necessarily income tax (for traditional IRAs).
(Authoritative guidance: see IRS Publication 590‑B and the IRS IRA FAQs: https://www.irs.gov/publications/p590b and https://www.irs.gov/retirement-plans/individual-retirement-arrangements-iras.)
How penalty exceptions work—and what they don’t do
- The 10% early-distribution penalty (often called the additional tax under IRC Section 72(t)) is separate from regular income tax. An exception removes the 10% penalty but generally does not change whether the distribution is taxed as ordinary income for a traditional IRA.
- Roth IRAs are layered: you can withdraw contributions tax- and penalty-free anytime. Earnings may be subject to tax and penalty unless an exception applies and the distribution meets the 5‑taxable‑year ordering rules.
- To use an exception, the distribution must meet the IRS’s criteria for that exception in the year taken, and you should retain records proving eligibility in case of audit.
Common penalty exceptions (what you can and can’t use)
The list below summarizes widely used exceptions and key rules. References: IRS Publication 590‑B and the IRS IRA FAQs.
- Qualified higher education expenses
- You can take penalty‑free IRA distributions to pay qualified higher education costs for yourself, your spouse, children or grandchildren. These expenses include tuition, fees, books, supplies, and some room and board costs for students enrolled at least half time. (Pub. 590‑B)
- Note: distributions remain taxable if taken from a traditional IRA. Also coordinate with education tax benefits (e.g., American Opportunity Tax Credit) to avoid double‑using the same expense.
- First‑time home purchase (up to $10,000 lifetime)
- You may withdraw up to $10,000 (lifetime) penalty‑free to buy, build, or rebuild a first home for yourself, your spouse, or certain family members. The IRA must generally be open for five years to qualify for the Roth‑earnings exclusion; the penalty exception itself doesn’t require five years, but Roth tax rules can affect whether earnings are taxed. (Pub. 590‑B)
- Unreimbursed medical expenses
- If you have unreimbursed medical expenses that exceed 7.5% of your adjusted gross income (AGI) and you use IRA funds to pay them, the distribution can be penalty‑free for the portion that pays qualified medical expenses. Keep receipts and statement of AGI calculations. (Pub. 590‑B)
- Health insurance premiums while unemployed
- If you received unemployment compensation for 12 consecutive weeks and used IRA funds to pay health insurance premiums for yourself, your spouse, and dependents, those distributions may avoid the penalty. Documentation from the state unemployment office and premium invoices are essential. (Pub. 590‑B)
- Disability
- Distributions taken because you are totally and permanently disabled are penalty‑free. The IRS standard for disability is strict; obtain medical evidence and, when possible, a formal determination (e.g., Social Security disability award). (Pub. 590‑B)
- Death of the account owner
- Beneficiaries who take distributions after the original owner’s death are not subject to the 10% penalty. Taxes may apply depending on account type and beneficiary status. (Pub. 590‑B)
- Substantially Equal Periodic Payments (SEPP, IRC §72(t))
- You can avoid the penalty by taking SEPPs—a carefully calculated series of distributions based on life expectancy. These must continue for five years or until age 59½, whichever is longer. Mistakes in setup or modification can retroactively trigger penalties and interest, so work with a tax professional. (Pub. 590‑B)
- Qualified birth or adoption distribution
- Up to $5,000 per parent can be taken penalty‑free for a qualified birth or adoption distribution. Rules allow recontribution within a specified period to avoid long‑term tax consequences. (See IRS guidance on SECURE Act provisions and Pub. 590‑B.)
- Qualified reservist distributions
- Certain military reservists called to active duty for more than 179 days (or for an indefinite period) may take penalty‑free distributions. Verify dates of orders and follow IRS rules.
- Domestic relations orders and property settlements
- Distributions to an alternate payee under a qualified domestic relations order (QDRO) or direct transfers required by divorce property settlement may avoid the penalty. Document the order and the transfer.
What’s NOT an exception (common pitfalls)
- Assuming you can withdraw from an IRA for any emergency without penalty—many emergencies don’t meet IRS exception tests.
- Confusing 401(k) separation‑from‑service rules with IRA rules. Some exceptions apply to employer plans but not IRAs. For example, the age‑55 separation exception applies to employer plans, not IRAs. See our guide on [Retirement Plan Portability: Moving Pensions, 401(k)s, and IRAs](