Publication 970
taxmap/pubs/p970-041.htm#en_us_publink1000178580Generally, if you take a distribution from your IRA before you
reach age 591/2, you must pay a 10% additional tax on the early distribution.
This applies to any IRA you own, whether it is a traditional IRA (including a
SEP-IRA), a Roth IRA, or a SIMPLE IRA. The additional tax on an early
distribution from a SIMPLE IRA may be as high as 25%. See Publication 560,
Retirement Plans for Small Business, for information on SEP-IRAs, and
Publication 590, Individual Retirement Arrangements (IRAs), for information
about all other IRAs.
However, you can take distributions from your IRAs for qualified
higher education expenses without having to pay the 10% additional tax. You may
owe income tax on at least part of the amount distributed, but you may not have
to pay the 10% additional tax.
Generally, if the taxable part of the distribution is less than
or equal to the adjusted qualified education expenses (AQEE), none of the
distribution is subject to the additional tax. If the taxable part of the
distribution is more than the AQEE, only the excess is subject to the additional
tax.
taxmap/pubs/p970-041.htm#en_us_publink1000178581You can take a distribution from your IRA before you reach age
59
1/
2
and not have to pay the 10% additional tax if, for the year of the distribution,
you pay qualified education expenses for:
- yourself,
- your spouse, or
- your or your spouse's child, foster child, adopted child,
or descendant of any of them.
taxmap/pubs/p970-041.htm#en_us_publink1000178582For purposes of the 10% additional tax, these expenses are tuition,
fees, books, supplies, and equipment required for enrollment or attendance at an
eligible educational institution. They also include expenses for special needs
services incurred by or for special needs students in connection with their
enrollment or attendance.
In addition, if the student is at least a half-time student,
room and board are qualified education expenses.
The expense for room and board qualifies only to the extent that
it is not more than the greater of the following two amounts.
- The allowance for room and board, as determined by the eligible
educational institution, that was included in the cost of attendance (for
federal financial aid purposes) for a particular academic period and living
arrangement of the student.
- The actual amount charged if the student is residing in housing
owned or operated by the eligible educational institution.
You will need to contact the eligible educational institution
for qualified room and board costs.
taxmap/pubs/p970-041.htm#en_us_publink1000178584An eligible educational institution is any college, university,
vocational school, or other postsecondary educational institution eligible to
participate in a student aid program administered by the U.S. Department of
Education. It includes virtually all accredited public, nonprofit, and
proprietary (privately owned profit-making) postsecondary institutions. The
educational institution should be able to tell you if it is an eligible
educational institution.
Certain educational institutions located outside the United States
also participate in the U.S. Department of Education's Federal Student Aid (FSA)
programs.
taxmap/pubs/p970-041.htm#en_us_publink1000178585
A student is enrolled "at least half-time" if he or she is enrolled for at least
half the full-time academic work load for the course of study the student is
pursuing as determined under the standards of the school where the student is
enrolled.