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Author: pmintonii Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121590  
Subject: SEP Early Withdrawal No Penalty Date: 1/17/2002 3:44 PM
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In your article, "IRA Withdrawal (Penalty-Free) for Homebuyers" written by Roy Lewis (TMF Taxes)

He states,

"So, the distribution must be related to the purchase of the property and can't be used for other home-related expenses such as furnishings or general home repairs or maintenance."

Does this mean that updating kitchen counters, bathroom cabinets, dining room floor, and painting the interior of the house, all very much needed, are not allowable uses of an early SEP withdrawal in conjunction with buying first house?

Thanks,

Phil
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Author: TheBadger Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 57305 of 121590
Subject: Re: SEP Early Withdrawal No Penalty Date: 1/17/2002 4:47 PM
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Does this mean that updating kitchen counters, bathroom cabinets, dining room floor, and painting the interior of the house, all very much needed, are not allowable uses of an early SEP withdrawal in conjunction with buying first house?

The exception to which you refer, in order to avoid the 10% surtax, is contained in IRC §72(t)(8) --- Qualified First-Time Homebuyer Distributions. The key word here is "homebuyer". In order to be qualified you must not have owned a home in the previous 730 days & you must be purchasing (or constructing --- not remodeling) a home and further, you must contract to purchase or actually purchase that home within 120 days of making the withdrawal. Meet all these rules & you will escape the 10% surtax.

Note: I made no mention of "tracing" the cash from the withdrawal from the SEP into the closing papers of the home purchase. Therefore, if you just happened to be buying a home; and just happened to take $10k from your SEP ($20k if marreid) and additonally, just happened to purchase a new kitchen there would be no problem; e.g. when you bought the remodeled kitchen for $XXXX did you use SEP dollars or did you use the dollars you had already saved? No one knows & no one cares.

I suggest you read §72(t)(8) --- it is only 1 page & also read the summary in Pub 590 pp 20-21 (2000 edition).

TheBadger



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Author: pmintonii Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 57346 of 121590
Subject: Re: SEP Early Withdrawal No Penalty Date: 1/18/2002 4:50 PM
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That's what I figured. We've bought the house, made our downpayment and other closing costs using an SEP withdrawal in Dec 2001. Was hoping to use a little more cash from SEP to finish remodeling as listed in my earlier posting.

We're going to put in a utility room. Right now, the washer/dryer hook ups are in the garage.

THANKS for you informative reply. I will go read the info you sighted.

pm

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