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Taxes for buyers · IRS Publication 590-BIRA withdrawal for a first home: the $10,000 exception and the 120-day clock

Someone under age 59½ who takes money out of an IRA usually owes a 10% additional tax on top of income tax. IRS Publication 590-B (for 2025 returns) makes an exception for up to $10,000 of distributions used to buy, build or rebuild a first home. The money must pay 'qualified acquisition costs' – the cost of buying, building or rebuilding the home and any usual or reasonable settlement, financing or other closing costs – before the close of the 120th day after the distribution is received, for the main home of a first-time homebuyer who is the IRA owner, the spouse, or either one's child, grandchild, parent or other ancestor. A first-time homebuyer generally had no present interest in a main home during the 2 years ending on the date of acquisition – the day a binding purchase contract is signed or building begins – and a spouse must meet the same test. The $10,000 is a lifetime limit, but each spouse who qualifies can take $10,000. If the purchase is canceled or delayed, the money can generally be put back into an IRA within 120 days of the distribution as a rollover, with no income tax or 10% tax. The exception removes only the 10% additional tax: the taxable part of a traditional IRA distribution is still income. For a Roth IRA, regular contributions come out first and aren't taxed, and a first-home distribution made after the Roth's 5-year period is a fully tax-free qualified distribution. The exception is claimed with code 09 on Form 5329 and applies to IRAs, not to 401(k) plans.

The requirements (Pub. 590-B)

  1. Up to $10,000

    A lifetime limit per person – each qualifying spouse has their own.

  2. Spent within 120 days

    On qualified acquisition costs by the end of the 120th day after the money is received.

  3. What counts

    Buying, building or rebuilding the home, plus usual settlement, financing and closing costs.

  4. First-time homebuyer

    No present interest in a main home for 2 years before the contract date – spouse too.

  5. Who it can help

    You, your spouse, or your or your spouse's child, grandchild, parent or other ancestor.

Easy to miss

  • Traditional IRA: no 10% additional tax, but the taxable part is still income.
  • Roth IRA: regular contributions come out first, tax free; after the 5-year period a first-home distribution is fully tax free.
  • The exception is for IRAs – a 401(k) withdrawal doesn't get it.
  • If closing falls through or slips, the money can generally go back into an IRA within 120 days of the distribution.
  • Claimed on Form 5329 with exception code 09.

What the TC can do

  • When a buyer mentions IRA money, share the closing date early so their tax pro can time the withdrawal.
  • If closing moves, tell the buyer right away – their 120-day window may be running.
  • Make sure the lender has the withdrawal and deposit statements it needs for the funds to close.

Questions buyers ask

Can I withdraw from my IRA to buy a house without penalty?

A first-time homebuyer can take up to $10,000 (lifetime) without the 10% additional tax if it is spent on the home within 120 days (IRS Pub. 590-B). Income tax still applies to the taxable part of a traditional IRA distribution.

What counts as a first-time homebuyer for an IRA withdrawal?

Generally someone who had no present interest in a main home during the 2 years ending on the date they sign a binding contract to buy (or building begins). A spouse must meet the same test.

What if my closing is delayed after I take the IRA money?

If the purchase is canceled or delayed, you can generally put the money back into an IRA within 120 days of the distribution as a rollover, without income tax or the 10% tax.

Does the $10,000 first-home exception apply to a 401(k)?

No. Form 5329 lists it as an exception for IRA distributions only.

When the closing date moves, change it once in ClosingCode – the deadlines counted from it on the deal are recomputed and the team sees the new dates.

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Sources (IRS, read October 26, 2026): Publication 590-B, Distributions from Individual Retirement Arrangements, for 2025 returns; 2025 Instructions for Form 5329.

General information, not tax advice. Buyers should confirm with a tax professional before taking a distribution. ClosingCode is software; it is not a tax preparer or CPA. This guide is not a substitute for the advice or services of an attorney.