IRS Penalties

Early Withdrawal Penalty (10% Additional Tax)

The 10% additional tax on retirement withdrawals before age 59 1/2, the 25% SIMPLE IRA rate, the main exceptions including SECURE 2.0 and Form 5329 reporting.

Reviewed October 2026 · Plain-language guide

Taking money out of a traditional IRA or an employer retirement plan before age 59 1/2 usually brings an extra tax on top of regular income tax. The IRS adds a 10% additional tax, often called the early withdrawal penalty, on top of the tax you owe on the taxable part of the distribution. There are many exceptions, and several were added by the SECURE 2.0 Act. This page explains how the tax works, the main exceptions and how to report one.

How the 10% additional tax works

The tax applies to the part of an early distribution that is included in your income. You report the distribution on your return and pay income tax at your regular rate, and the 10% additional tax is added on top. It is not a penalty the IRS assesses for a mistake. It is part of the tax rules for retirement savings, and it applies automatically unless an exception fits.

Example (hypothetical). You are 42 and withdraw $20,000 from a traditional IRA with no basis, and no exception applies. The $20,000 is added to your taxable income for the year. The 10% additional tax is $2,000. If you were in the 22% bracket, the regular tax on the $20,000 would be roughly $4,400, so the total cost would be about $6,400 before any state tax. If the money came from a SIMPLE IRA within the first 2 years of participation, the additional tax would be 25%, or $5,000.

Distributions from governmental 457(b) plans are generally not subject to the 10% tax, except for amounts attributable to rollovers from another plan or an IRA.

Exceptions

The IRS lists many exceptions, and they differ between employer plans and IRAs. These are some of the main ones.

ExceptionKey termsPlans / IRAs
Age 59 1/2Distribution after reaching that ageBoth
DisabilityTotal and permanent disabilityBoth
DeathDistribution after the owner's deathBoth
Medical expensesUnreimbursed amount above 7.5% of adjusted gross incomeBoth
Equal paymentsA series of substantially equal paymentsBoth
Separation from serviceSeparation at age 55 or later (50 for certain public safety employees)Employer plans only
First-time homebuyerUp to $10,000IRAs only
EducationQualified higher education expensesIRAs only
Health insurance while unemployedPremiums paid while unemployedIRAs only
Birth or adoptionUp to $5,000 per childBoth
Domestic abuse victimLesser of $10,000 or 50% of the account, for distributions after 12/31/2023Both
Emergency personal expenseOne per calendar year, up to the lesser of $1,000 or the vested balance over $1,000, after 12/31/2023Both
Terminal illnessCertified by a physicianEmployer plans only, per the IRS table
Federally declared disasterUp to $22,000Both

Other exceptions include qualified reservists called to active duty, a levy by the IRS, distributions under a qualified domestic relations order, rollovers completed within the allowed period, and corrective distributions. The list on the IRS website is long and has conditions, so read the details for your plan type. Some of the newer exceptions came from the SECURE 2.0 Act, although the IRS table does not label them that way.

A distribution to correct an excess IRA contribution, made by the due date of the return including extensions, is not subject to the 10% additional tax starting December 29, 2022, according to Publication 590-A. See our page on excess contributions and RMD penalties.

Reporting the tax on Form 5329

Form 1099-R shows a distribution code in box 7. If the code shows that no exception applies but one actually does, you file Form 5329 and enter the exception code that fits. The 2025 Form 5329 instructions list exception codes on line 2, from 01 to 23, and use 99 if more than one exception applies. If you do not otherwise have to file a tax return, you file Form 5329 by itself and cannot e-file it.

How long it applies

The tax is triggered by each early distribution in the year it occurs. It is a flat percentage, not a monthly charge. If the additional tax is left off your return, the IRS can bill it with interest, and accuracy-related penalties may apply to the underpayment.

How to avoid it

  • Check for an exception before you request a distribution, and keep proof such as medical bills, a physician's certification, or closing documents for a first home.
  • Consider a loan, if your plan allows it, or a rollover, which is not a distribution when completed within the allowed period.
  • If a withdrawal is unavoidable, ask your plan whether it will report the correct code in box 7.
  • Compare the full cost of a withdrawal, including income tax and the 10% tax, with other sources of funds.
  • Plan Roth conversions with care. Our guide on Roth conversions covers the timing issues.

If you owe it and think an exception applies

Claim the exception on Form 5329 and keep documentation. If the IRS sends a notice, respond by the date on it with proof. Reasonable-cause relief is not the usual route for this tax, because the question is whether a listed exception applies, so the records for the exception matter most.

How we can help

We can review a planned withdrawal to see which exception might fit, prepare Form 5329, and respond to an IRS notice about the 10% tax. We also include retirement withdrawals in year-end tax planning. Because the right answer depends on your plan type, age and reason for the withdrawal, this page is general information and not advice for your situation. Contact us to talk it through.

Frequently asked questions

Does the 10% tax apply to Roth IRAs?

It can, depending on how much of the distribution is taxable. Roth IRAs have their own ordering and qualified-distribution rules, so ask a professional before you take money out.

Is the early withdrawal penalty the same as income tax?

No. It is an additional tax on top of income tax on the taxable part of the distribution.

Can I avoid the tax by rolling the money over?

A completed rollover within the allowed period is not an early distribution. The deadline and conditions are strict, so check them before acting.

Do I owe the 10% tax if I withdraw at age 59 1/2?

No. The tax applies to distributions before reaching age 59 1/2, unless another exception applies.

Official sources

This page is a plain-language summary. The official source controls if there is any difference.

General information only, not tax, legal or accounting advice for your situation. Rules, limits and deadlines change; confirm the current rules with the official source or a qualified professional before you act. Reading this page does not create a professional relationship with CPA Tax Payroll and Accounting Corp.