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I am a teacher in California and I am leaving Teaching to run my own business, I need to get my retirement money

Bakersfield, CA |
Filed under: Tax law

What is the best way to get money (I have some hardships) I also have a 403 B

Attorney Answers 3


  1. That all depends on your age, the amounts you contributed, the nature of the retirement plans and the hardships.

    The IRS does recognize some exceptions to the early retirement penalty problem (see http://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/Retirement-Topics---Tax-on-Early-Distributions).

    It may also be possible to setup a self-directed IRA, roll your retirement funds to this, and then access those funds for specific business purposes under properly structured vehicles. But doing this is not a do-it-yourself process by any means.

    Depending on what direction you decide to go, you'll like need the services of an attorney to assist.

    Good Luck,

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  2. Mr. Nielsen has given you a response that shows that he understands all of the possibilities; you should call and hire him.


  3. The withdrawals will be subject to tax and possibly a 10% early withdrawal penalty. The IRS is pretty strict on waiving the 10% penalty based on hardship, and based on the minimal facts presented it doesn't seem you would qualify for a hardship withdrawal. You will want to speak with a attorney or CPA prior to withdrawing the monies so that you have a better understanding of the liabilities incur.

    Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, any tax advice contained in this communication, including attachments thereto, was not written to be used and cannot be used for the purpose of (a) avoiding tax-related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any tax-related matters addressed herein. If you would like a written opinion upon which you can rely for the purpose of avoiding penalties, please contact Steven F. Schroeder using the contact information set forth above.