- 5 - taxpayer’s attaining the age of 59-1/2 that are includable in income are generally subject to a 10-percent early withdrawal tax unless an exception to the tax applies. Sec. 72(t)(1). As relevant herein, section 72(t)(2)(F) exempts distributions from the early withdrawal tax to the extent such distributions are qualified first-time homebuyer distributions. See sec. 72(t)(2)(F), (8). The maximum amount of a distribution that may be treated as a qualified first-time homebuyer distribution is $10,000. Sec. 72(t)(8)(B). Any amount of a distribution that petitioners received in excess of $10,000 remains subject to the 10-percent additional tax required by section 72(t). Id. A qualified first-time homebuyer distribution is defined in section 72(t)(8)(A) as: (A) In general. -- * * * any payment or distribution received by an individual to the extent such payment or distribution is used by the individual * * * to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual, the spouse of such individual, or any child, grandchild, or ancestor of such individual or the individual’s spouse. As relevant herein, a first-time homebuyer means any individual “if such individual (and if married, such individual’s spouse) had no present ownership interest in a principal residence during the 2-year period ending on the date of acquisition of the principal residence”. Sec. 72(t)(8)(D)(i)(I).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011