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jgordosea
jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3161
Experience:  I've prepared all types of taxes since 1987.
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Hi, I took an early distribution for a 401 k in 2009 and paid

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Hi, I took an early distribution for a 401 k in 2009 and paid the penalty to the IRS. Now, the California Dept. of Revenue wants their penalty which I apparently neglected to pay. I resided in CA from January to April of 2009. Do I have to pay the full amount they are asking? (My gross income in CA was only from unemployment insurance; not more than $8000. the distribution was about $20k). Thanks
Greetings,

If you got the distribution while you were a resident of California it is subject to state tax and penalty.

If you got the distribution after April when you were no longer a California resident then tax and penalty would not be due to California.

This answer presumes that you filed a part year resident return for California in 2009; since you said that you resided in CA from January to April of 2009. As a full year resident you would pay tax and penalty regardless when received during the year.

Please ask if you need clarification.
Thank you.

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