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Asked 2/15/2008

401 k lump sum payout.... worked/lived in MD, then moved to VA... is 401k taxed for state as well as fed????

Last year I lived in MD and had a 401 k with my company. I then got a new job in May 2007 in VA so.... I quit my MD job, and moved to VA. Within a month (June) I decided to cash out that 401 k from my old company in MD. Ok... I know that along with the early withdrawl charge for the 401 k company itself, that I have a 10% federal tax pentalty for the early withdrawl, which I factored in recently when doing my Federal taxes. My question is.... do I also have to factor in another penalty for early withdrawl from the state taxes??????
If so... because of my move... I have to file both MD and VA state taxes. I had the 401k while I worked in MD however, when I moved, I submitted a change of address (to VA) and then cashed out my 401k so the 401k check and tax statement has my VA address on it, even if it was when I worked in MD. Which state would I claim it with. And is it listed as "additional income" on the state tax form????

 
 
 
 
 
 
Answers

Answer 1/2 - Submitted 2/15/2008

It is taxed for state as well as federal. Your income, including the early withdrawal, has to be apportioned between the two states. Each state's return forms have provisions for "partial year residents."

 
 

Answer 2/2 - Submitted 2/15/2008

I always thought you paid income to the state of residence where you were when you received the income. If that's the case, you might try contacting the MD tax office and verify with them that you don't have to pay MD tax.

I'm pretty certain that the 10% early withdrawl penalty is only on your federal taxes.

 
 
 
 

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