Updated: July 30, 2026
OPRS may receive compensation when readers open an account through partner links on this page. Our analysis is based on independent research, BBB data, and IRS publications.
30-second verdict
- Alabama uses federal adjusted gross income as the starting point for state taxable income (Alabama Form 40, Schedule RS). The federally taxable portion of a traditional IRA or self-directed gold IRA distribution flows through to Alabama taxable income.
- Alabama applies a three-bracket schedule: 2 percent on the first $500 single ($1,000 joint), 4 percent on the next $2,500 single ($5,000 joint), and 5 percent above $3,000 single ($6,000 joint). The top 5 percent rate captures essentially every retirement-age IRA distribution dollar.
- Alabama fully exempts defined benefit pension distributions under Alabama Code Section 40-18-19(a)(7) for tax years 1991 and forward. That exemption does not extend to traditional IRA, 401(k), 403(b), or self-directed gold IRA distributions.
- The Lynne Greer Patterson Act (Act 2022-297, Code Section 40-18-19.2) added a $6,000 exclusion at age 65+ for distributions from defined contribution plans, effective tax year 2023. The conservative reading is that the exclusion applies to employer DC plans under IRC Section 414(i) and not to traditional IRAs under IRC Section 408.
- Alabama imposes no state-level early-distribution penalty parallel to federal IRC Section 72(t). The only state-side cost on an early IRA distribution is the 5 percent Alabama marginal rate on the taxable amount.
- A full-year nonresident of Alabama at distribution generally owes no Alabama state income tax on a traditional IRA distribution under the federal Pension Source Tax Act of 1996 (4 U.S.C. Section 114).
An Alabama resident who funds a self-directed gold IRA from a rolled balance and then takes a distribution faces a two-layer state-tax question behind the federal Form 1099-R. The federally taxable portion flows through to Alabama via the Schedule RS worksheet. Alabama then applies its three-bracket 2 percent, 4 percent, and 5 percent schedule on top.
The structure is straightforward at the bracket level. The source-of-funds distinction (defined benefit pension versus defined contribution employer plan versus IRA) controls whether any exemption reduces the taxable base. See the dealers OPRS clears and the ones we warn against before any distribution. The custodian’s source-of-funds layering controls whether the Alabama 5 percent rate runs against the full distribution or against a reduced base.
Element I is the baseline Alabama treatment: federal AGI flows through, and the taxable portion of the IRA distribution is taxed at Alabama marginal rates. Element II is the defined benefit pension exemption under Code Section 40-18-19(a)(7). That exemption has been on the books since tax year 1991. It remains the single most valuable state-tax carve-out in the Alabama retirement-income landscape.
Element III is the 2022 Lynne Greer Patterson Act $6,000 exclusion at age 65 and older for defined contribution plan distributions. The practical question is whether that exclusion reaches a traditional IRA. Element IV is the residency and sourcing question when the participant relocates out of Alabama before or after distribution. Missing any one of these four elements inflates the state-tax bill on a routine IRA distribution.
How Alabama taxes traditional IRA distributions: the baseline rule
Alabama individual income tax begins with federal adjusted gross income as reported on Form 1040 line 11. The Alabama Form 40 instructions confirm that distributions from an IRA, including SEPs and 401(k)(2), 403(b), and Keogh plan distributions, are reported on Schedule RS and flow into Alabama gross income.
No separate basis recovery is required on the Alabama side. The basis math is resolved at the federal level under IRC Section 72 and the federal exclusion ratio worksheet in IRS Form 8606. The Alabama Form 40 booklet reproduces the federal exclusion ratio worksheet on page 13 for any year in which nondeductible IRA contributions are unwound.
Alabama applies a three-bracket schedule. For tax year 2025, the single-filer brackets are: 2 percent on the first $500 of taxable income, 4 percent on the next $2,500 (covering $501 to $3,000), and 5 percent above $3,000. The joint brackets are: 2 percent on the first $1,000, 4 percent on the next $5,000, and 5 percent above $6,000.
The Alabama Department of Revenue confirms the bracket schedule on its Individual Income Tax page. Any retirement-age Alabama resident whose Alabama taxable income clears the $3,000 single or $6,000 joint threshold will hit the 5 percent top marginal rate on the next dollar of an IRA distribution. Essentially every middle-income retiree clears that threshold.
A Roth IRA qualified distribution (five-year period satisfied and the participant age 59 and a half or older, or another qualifying event) is federally tax-free and therefore Alabama tax-free. The Alabama Department of Revenue confirms in the Form 40 booklet that Roth and Educational IRAs have been recognized since tax year 1998. The federal rules apply unchanged.
A non-qualified Roth distribution is subject to federal income tax on the earnings portion only. The basis-ordering rules of IRC Section 408A(d) apply. That taxable earnings portion flows through to Alabama in the same fashion as a traditional IRA distribution.
The defined benefit pension exemption that does not reach a gold IRA
The single most valuable Alabama state-tax carve-out for retirement income is the defined benefit pension exemption under Alabama Code Section 40-18-19(a)(7). The Alabama Department of Revenue states the rule plainly: “For tax years beginning January 1, 1991, any benefits received from a defined benefit plan are not taxable.”
The exemption is permanent. It has no AGI cap, no age requirement, and applies to the full distribution from any qualified defined benefit plan as defined under IRC Section 414(j). The covered plans include United States Retirement System benefits, Alabama Teachers’ Retirement System benefits, and Alabama Employees’ Retirement System benefits.
The exemption also covers Alabama Judicial Retirement System benefits, federal civil service pensions, military retirement pay (DFAS), Tennessee Valley Authority pension benefits, and any private-sector defined benefit pension that meets the IRC Section 414(j) definition.
The exemption does not extend to defined contribution plan distributions, traditional IRA distributions, or self-directed gold IRA distributions. The Form 40 booklet lists exempt items in the “Examples of Income You DO NOT Report” section on page 7. The booklet lists taxable items, including IRA distributions, in the “Examples of Income You MUST Report” section on the same page.
The Alabama Department of Revenue draws a structural distinction between two categories. Defined benefit plan benefits under IRC Section 414(j) sit on one side, where the employer bears the investment risk and the participant receives a defined annuity. Defined contribution plan or IRA benefits under IRC Section 414(i) or Section 408 sit on the other side, where the participant bears the investment risk.
A self-directed gold IRA is by definition a traditional or Roth IRA under IRC Section 408 with a custodian that permits physical-metal holdings. The Alabama DB pension exemption does not reach into that account structure.
Consider an Alabama retiree with both a defined benefit pension and a self-directed gold IRA. The pension is fully exempt at the state level and is not reported on Schedule RS. The gold IRA distribution is fully taxable at the Alabama 5 percent marginal rate, assuming the household clears the $3,000 / $6,000 threshold. The effective Alabama tax rate on the same retirement-spending dollar diverges sharply by source bucket.
The Lynne Greer Patterson Act and the $6,000 exclusion at age 65 and older
The 2022 Lynne Greer Patterson and Senator J.T. “Jabo” Waggoner Alabama Taxation of Retirement Income Reduction Act is codified at Alabama Code Section 40-18-19.2 (Act 2022-297). The Act created a new state-level exclusion of up to $6,000 per tax year for distributions from a defined contribution retirement plan received by a taxpayer age 65 or older.
Governor Kay Ivey signed the Act in April 2022. The exclusion took effect for tax years beginning on or after January 1, 2023. The statutory language references defined contribution plans as defined under the Internal Revenue Code. The practical scope of the exclusion is the technical question that controls whether a self-directed gold IRA distribution can use it.
The conservative reading is that Act 2022-297 reaches employer-sponsored defined contribution plans under IRC Section 414(i). The covered plans include 401(k), 403(b), 457(b) governmental, profit-sharing, ESOP, and SIMPLE plans operated through an employer.
Traditional IRAs are not defined contribution plans under IRC Section 414(i). They are individual retirement arrangements under IRC Section 408. The two code sections are distinct in the federal scheme. The Alabama Department of Revenue Form 40 booklet for tax year 2025 does not reference Act 2022-297 or the $6,000 exclusion in the IRA Distributions worksheet on page 13. That absence provides indirect support for the conservative reading.
A self-directed gold IRA is by definition a traditional IRA under IRC Section 408. On the conservative reading, the $6,000 exclusion does not apply to a gold IRA distribution.
An Alabama retiree at age 65 or older with both a 401(k) and a self-directed gold IRA can exclude up to $6,000 of the 401(k) distribution per tax year under Act 2022-297. The same exclusion likely does not apply to the gold IRA distribution.
Households should confirm the position with an Alabama-licensed tax professional before relying on the exclusion for an IRA distribution. The Alabama Department of Revenue has not published an explicit regulation or ruling resolving the question. A tax preparer’s interpretation turns on the specific code reference each side relies on.
No Alabama state-level early-distribution penalty
Wisconsin imposes a state mini-penalty equal to 33 percent of the federal IRC Section 72(t) 10 percent additional tax. California imposes a 2.5 percent state additional tax on early distributions. Alabama does not impose a state-level early-distribution penalty parallel to the federal IRC Section 72(t) 10 percent additional tax.
Consider an Alabama resident who takes a $20,000 early IRA distribution at age 52 with no federal Section 72(t) exception available. The resident pays the federal $2,000 additional tax. The resident pays the Alabama 5 percent marginal rate on the taxable portion, which is approximately $1,000 on the $20,000 distribution assuming the household clears the $3,000 / $6,000 threshold. There is no separate Alabama state-level early-distribution penalty on top.
The absence of an Alabama mini-penalty makes the state-side cost of an early IRA distribution proportionally smaller than in Wisconsin or California. The total state-plus-federal cost on a $20,000 early distribution in Alabama is approximately $3,000 ($2,000 federal plus $1,000 state).
The Wisconsin equivalent runs approximately $3,660 ($2,000 federal plus $1,000 state tax plus $660 mini-penalty). The California equivalent runs approximately $3,500 ($2,000 federal plus $1,000 state tax plus $500 additional tax). For an Alabama resident who is genuinely required to take a pre-59-and-a-half distribution, Alabama sits on the milder end of the state-penalty landscape.
The federal Section 72(t) exceptions remain the primary mechanism for avoiding the federal 10 percent additional tax. The exceptions include separation from service at age 55 from the participant’s qualified plan, the public safety officer age-50 exception under Section 72(t)(10), substantially equal periodic payments, first-home purchase, higher education, disability, and medical expenses above the AGI floor.
Because Alabama imposes no parallel state-level penalty, none of these federal exceptions need to be re-applied at the Alabama level. The Alabama state tax on the distribution is simply the Alabama marginal rate on the federally-taxable amount.
Side-by-side specs: Alabama tax treatment of retirement income by source
The table below maps the seven Alabama treatment items that apply to a typical retirement-age household with mixed income sources. The Status column flags the practical impact for a Hank-profile household: single retired Alabama state trooper, age 56, Alabama Retirement Systems pension already in pay status, plus a rolled balance now sitting in a self-directed gold IRA.
| Alabama tax item | Statutory basis | Effect on the retirement distribution | Status (Hank-profile, mixed sources) |
|---|---|---|---|
| Baseline ordinary income tax | Code 40-18-2; Code 40-18-19; Alabama Form 40 | Federally taxable portion flows through federal AGI to Alabama taxable income at marginal rates 2%, 4%, and 5% | (Default treatment for IRA distributions, no exemption) |
| Defined benefit pension exemption | Code 40-18-19(a)(7) | Full exemption of any qualified defined benefit plan distribution (state pension, military retirement, federal civil service, TVA, private DB) | (Hank’s Alabama state trooper pension is fully exempt) |
| $6,000 DC plan exclusion at age 65+ | Code 40-18-19.2 (Act 2022-297, effective tax year 2023) | Up to $6,000 exclusion at age 65+ for distributions from a defined contribution plan under IRC Section 414(i); likely does not extend to IRA distributions on conservative reading | (Hank under age 65, not yet eligible; conservative reading also limits to employer DC plans) |
| Roth IRA qualified distribution | Code 40-18-19; IRC Section 408A(d) | Federally tax-free qualified Roth distributions are Alabama tax-free; non-qualified Roth distributions follow the federal basis-ordering rule | (Hank’s gold IRA is traditional, not Roth; not applicable) |
| State-level early-distribution penalty | None codified | Alabama does NOT impose a state mini-penalty parallel to the federal IRC Section 72(t) 10% additional tax | (No state penalty on Hank’s early distribution at age 56) |
| Rollover provisions | Alabama Income Tax Regulation 810-3-25-.05(5); IRC Sections 402, 403, 408, 409 | Distributions that qualify for the federal rollover provisions of IRC Sections 402, 403, 408, and 409 are excluded from Alabama gross income | (Available if the IRA distribution is rolled to another qualifying account) |
| Nonresident-at-distribution sourcing | 4 U.S.C. Section 114 (Federal Pension Source Tax Act); Code 40-18-2 | A full-year nonresident at distribution generally owes no Alabama state tax on a traditional IRA distribution under federal preemption | (Available if relocation precedes distribution) |
Precious metals IRA early-withdrawal penalty estimator
Taking money out of a precious metals IRA before age 59 and a half triggers a 10% federal additional tax on top of ordinary income tax. State add-on taxes vary; check your state. The federal penalty is estimated below.
Estimate only, not tax advice. The 10% federal additional tax applies to early distributions before age 59 and a half; specific exceptions exist. Your state may add its own tax, and ordinary income tax applies separately. Source: IRS Publication 590-B. Consult a tax advisor.
The right dealer explains every fee up front. Get Augusta's free precious metals IRA company checklist.
The numbers: Alabama state tax on a $30,000 retirement distribution by source
The chart below isolates the Alabama state tax (excluding federal tax and excluding any federal Section 72(t) penalty) on a $30,000 retirement distribution for a single Alabama resident filer. The four source-of-funds buckets are listed below.
- Defined benefit pension, fully exempt under Code Section 40-18-19(a)(7).
- Defined contribution employer plan at age 65+, with the $6,000 Act 2022-297 exclusion applied.
- Traditional IRA or self-directed gold IRA, with no source exemption.
- Nonresident-at-distribution scenario, preempted under 4 U.S.C. Section 114.
Each bucket is plotted against the standard Alabama bracket-schedule assumption.
The marginal Alabama bracket assumption is 5 percent applied to the post-exclusion taxable amount, after the small 2 percent and 4 percent inframarginal slices on the first $3,000 of taxable income.

The defined benefit pension case is the structurally cheapest at $0 of Alabama state tax. The result holds for any size of distribution, regardless of age, regardless of AGI. The defined contribution employer plan case at age 65 and older costs roughly $1,110 in Alabama state tax. The math: 5 percent applied to $22,200 after the $6,000 exclusion and the small inframarginal slices below $3,000.
The traditional IRA case costs approximately $1,410 in Alabama state tax (5 percent applied to $27,000 after the inframarginal slices). The nonresident case mirrors the DB pension case at $0 of Alabama state tax. The structural lesson: effective Alabama state-tax cost on retirement income is controlled by the source-of-funds bucket, not by the dollar size of the distribution.
The decision sequence: how an Alabama resident applies the rules
The five-step sequence below is the procedural framework most Alabama residents and former residents can apply to a retirement distribution without external counsel for the first pass. Counsel involvement becomes useful at step 3 when the Act 2022-297 $6,000 exclusion question intersects with a self-directed gold IRA distribution and the source-of-funds classification is genuinely ambiguous.

Step 1. Confirm Alabama residency at the moment of distribution. A full-year Alabama resident is taxed on all retirement distributions sourced to taxable accounts (subject to the exemptions below). A part-year resident apportions by residency period.
A full-year nonresident at distribution generally owes no Alabama state tax on a traditional IRA distribution under the federal Pension Source Tax Act of 1996 (4 U.S.C. Section 114). The federal statute prohibits a former state of residence from taxing retirement income paid to a nonresident.
Step 2. Identify the source-of-funds bucket. A defined benefit pension distribution under IRC Section 414(j) is fully exempt under Alabama Code Section 40-18-19(a)(7). The covered plans include the Alabama state pension, military retirement, federal civil service, TVA, and private DB plans.
A defined contribution employer plan distribution (401(k), 403(b), 457(b) governmental, profit-sharing) is taxable, with the Act 2022-297 exclusion potentially available at age 65 and older. A traditional IRA or self-directed gold IRA distribution under IRC Section 408 is taxable, with the Act 2022-297 exclusion likely not available on the conservative reading. A Roth IRA qualified distribution is federally tax-free and therefore Alabama tax-free.
Step 3. Apply the Act 2022-297 $6,000 exclusion if the source qualifies and the taxpayer is age 65 or older. The exclusion is codified at Alabama Code Section 40-18-19.2 (effective tax year 2023) and caps at $6,000 per tax year for distributions from a defined contribution retirement plan.
The Alabama Department of Revenue Form 40 booklet for tax year 2025 does not extend the exclusion to traditional IRA distributions. A tax professional should be consulted before relying on the exclusion for an IRA distribution. The question turns on whether the IRA falls within “defined contribution retirement plan” as defined under IRC Section 414(i). The conservative reading is no.
Step 4. Apply the Alabama three-bracket schedule to the post-exclusion taxable amount. For tax year 2025 the brackets are: 2 percent on the first $500 single ($1,000 joint), 4 percent on the next $2,500 single ($5,000 joint), and 5 percent above $3,000 single ($6,000 joint). For a retirement-age household clearing the top-bracket threshold, the incremental dollar of an IRA distribution is taxed at 5 percent.
Step 5. Confirm there is no Alabama state-level early-distribution penalty. Alabama imposes no state mini-penalty parallel to federal IRC Section 72(t). The only state-side cost on a pre-59-and-a-half distribution is the 5 percent Alabama marginal rate applied to the taxable amount.
A Section 72(t) exception that waives the federal 10 percent tax (PSO age-50, separation at 55, SEPP, first-home, higher education, disability) does not produce a separate Alabama-side benefit. There is no Alabama-side penalty to waive.
Verdict per household profile
Profile A: separated Alabama state trooper or municipal protective-occupation retiree age 50 to 58. The household holds an Alabama Retirement Systems defined benefit pension in pay status. A rolled balance of $150,000 to $350,000 now sits in a self-directed gold IRA. Planned pre-59-and-a-half distribution: $20,000 to $40,000 per year.
The defined benefit pension is fully exempt under Code Section 40-18-19(a)(7) and is not reported on Schedule RS. The gold IRA distribution is fully taxable at the Alabama 5 percent marginal rate. The PSO age-50 exception under IRC Section 72(t)(10) waives the federal 10 percent penalty on the gold IRA distribution. No Alabama mini-penalty exists to waive in parallel.
The household has roughly nine to fifteen years of Alabama state-tax cost on gold IRA distributions before reaching age 65, when the Act 2022-297 exclusion question becomes relevant.
Profile B: Alabama retiree age 65 or older, no employer defined contribution plan, traditional IRA or self-directed gold IRA distributions of $20,000 to $40,000 per year. The Act 2022-297 $6,000 exclusion is likely unavailable on the conservative reading. The source is an IRA under IRC Section 408 rather than a defined contribution plan under IRC Section 414(i). The distribution is taxable at the Alabama 5 percent marginal rate.
Tax-planning opportunity: if the household has access to a 401(k) or 403(b) balance, consider taking the $6,000 first slice from the employer plan (where the exclusion clearly applies). Tap the IRA only after the exclusion is exhausted.
Profile C: Alabama retiree age 65 or older, both a 401(k) or 403(b) balance and a self-directed gold IRA, total annual distribution need of $40,000 to $60,000. The Act 2022-297 $6,000 exclusion applies to the employer DC plan portion. The IRA portion is taxable in full.
Optimal sequencing: take the first $6,000 of annual distribution need from the employer DC plan (excluded under Act 2022-297). Then take the balance from whichever account (IRA or DC) minimizes total federal-plus-state tax. A Hank-profile household saves approximately $300 per year in Alabama state tax by sequencing the $6,000 from the DC plan rather than the IRA.
Profile D: former Alabama resident who has permanently relocated to Florida, Tennessee, or another no-state-income-tax destination before distribution. Alabama generally cannot tax the IRA distribution at the state level. The federal Pension Source Tax Act of 1996 prohibits the former state of residence from taxing retirement income paid to a nonresident.
Documentation matters. The participant should ensure the residency change is reflected in the IRA custodian’s address of record, in federal Form W-4P / W-4R withholding elections, and on Alabama Form 40 (part-year residency for the year of move) and the destination-state filings.
When this state-tax framing is wrong
The Alabama state-tax framing is incomplete when the participant is a nonresident of Alabama at distribution but the IRA custodian withholds Alabama state tax anyway. The custodian withholds because the address of record was not updated. The custodian’s withholding does not change the underlying state-tax liability.
The participant recovers the overwithholding by filing an Alabama Form 40NR for the year of the distribution and claiming the refund. The cleaner path is to update the IRA custodian’s address of record and W-4R election before the distribution clears.
The framing is also wrong when the household assumes that the Act 2022-297 $6,000 exclusion definitively applies to a traditional IRA distribution. The statute references defined contribution plans, and the conservative reading limits the scope to IRC Section 414(i) employer plans. The Alabama Department of Revenue has not published an explicit regulation or ruling extending the exclusion to IRAs.
Households claiming the exclusion against an IRA distribution should be prepared to substantiate the position in a possible Alabama audit. They should confirm the position with a tax professional before filing.
The framing is wrong when the household assumes Roth IRA distributions are always Alabama tax-free. Roth IRA qualified distributions are federally tax-free (five-year period satisfied plus age 59-and-a-half or another qualifying event) and therefore Alabama tax-free.
Non-qualified Roth distributions trigger federal tax on the earnings portion under the basis-ordering rules of IRC Section 408A(d). That taxable earnings portion flows through to Alabama as taxable income. A dealer that surfaces these source-of-funds and state-tax line items in pre-distribution planning is doing meaningful work. One that does not is leaving real Alabama state-tax dollars on the table for the participant’s household.
Where Augusta sits in the dealer landscape for Alabama distributions
Augusta Precious Metals sits on the OPRS three-dealer shortlist of 27+ gold IRA dealers reviewed by OPRS for the 2026 trusted list. OPRS verifies four public trust-signal markers for any dealer in the precious metals IRA cluster.
The four markers are listed below.
- Money Magazine Best Overall Gold IRA Company (2022 to 2026)
- Investopedia Most Transparent Gold IRA Company (2022 to 2026)
- BBB A+ Rating with Zero Complaints (accredited since 2014)
- Education-First Process with non-commissioned customer success agents
The process fits the Alabama protective-occupation retiree at age 50 to 58 evaluating the PSO age-50 federal exception against the gold IRA distribution mechanics. The dealer’s distribution-service infrastructure is the operational gate that determines whether the Form 1099-R is coded correctly for the federal exception. The coding in turn determines whether the federal 10 percent additional tax is waived against the same distribution that runs against Alabama’s 5 percent marginal rate.
Get the Augusta company-comparison checklist
The free company-comparison checklist walks through the custodian, depository, distribution-code, and Form 1099-R coding mechanics that an Alabama distribution has to coordinate with at the state level. The checklist is the higher-intent asset for screening any single dealer against the four-marker trust-signal stack at the pre-distribution planning moment.
OPRS may receive compensation when readers proceed. Editorial selection is independent. Updated July 2026.
Does Alabama tax traditional IRA distributions the same way the federal government does?
Largely yes, at the income-tax-base level. Alabama individual income tax uses federal adjusted gross income as the starting point on Alabama Form 40. The taxable portion of a traditional IRA distribution that flows into federal AGI flows through to Alabama taxable income by default.
Alabama then applies its own three-bracket schedule (2 percent, 4 percent, 5 percent) and its own narrow set of exemptions. The exemptions are the defined benefit pension exemption under Code Section 40-18-19(a)(7) and the $6,000 Act 2022-297 exclusion at age 65 and older for defined contribution plan distributions.
The base is the same; the rate schedule and the exemptions are Alabama-specific. The Alabama Department of Revenue Income Exempt from Alabama Income Taxation page is the authoritative reference for the exemption catalog.
Does the Lynne Greer Patterson Act $6,000 exclusion apply to a self-directed gold IRA distribution?
The conservative reading is no. Act 2022-297 (codified at Alabama Code Section 40-18-19.2) references defined contribution retirement plans. In the federal scheme, defined contribution plans are defined under IRC Section 414(i) and cover 401(k), 403(b), 457(b) governmental, profit-sharing, and similar employer-sponsored plans.
A self-directed gold IRA is by definition a traditional IRA (or in some cases a Roth IRA) under IRC Section 408. Section 408 is a separate code section from Section 414(i). The Alabama Department of Revenue Form 40 booklet for tax year 2025 does not reference the exclusion in the IRA Distributions worksheet on page 13. Households should confirm the position with an Alabama-licensed tax professional before claiming the exclusion against an IRA distribution.
Does Alabama impose a state-level early-distribution penalty like Wisconsin or California?
No. Alabama does not impose a state-level additional tax on early IRA distributions parallel to the federal IRC Section 72(t) 10 percent additional tax. Wisconsin imposes a 33 percent state mini-penalty under Wisconsin Statute 71.83(1)(b)6. California imposes a 2.5 percent additional tax under California Revenue and Taxation Code Section 17085.
Alabama’s statute is silent. The only state-side cost on an early IRA distribution in Alabama is the standard Alabama marginal rate (typically 5 percent) on the federally-taxable portion of the distribution. Alabama is on the milder end of the state-penalty landscape for pre-59-and-a-half distributions.
If an Alabama retiree moves to Florida and then takes a gold IRA distribution, does Alabama still tax it?
Generally no. Under the federal Pension Source Tax Act of 1996 (4 U.S.C. Section 114), a state of former residence is prohibited from taxing retirement income paid to an individual who is no longer a resident of that state. The protection covers traditional IRA and self-directed gold IRA distributions.
The participant becomes a Florida resident for tax purposes upon establishing domicile in Florida. The standard markers are physical presence, intent to make Florida the permanent home, and updating driver’s license, voter registration, and other indicia. Once nonresident status is established, distributions are not subject to Alabama income tax.
Documentation discipline matters. Update the IRA custodian’s address of record and W-4R / W-4P withholding elections to Florida. File a final Alabama Form 40 for the part-year residency period in the year of the move and a Form 40NR for any prior-year Alabama-source income.
Are Alabama state pension benefits and military retirement pay still fully exempt in 2026?
Yes. Alabama Code Section 40-18-19(a)(7) provides a full exemption for any benefits received from a defined benefit plan as defined under IRC Section 414(j). The exemption has no AGI cap, no age requirement, and no dollar limit.
The exemption covers United States Retirement System benefits, Alabama Teachers’ Retirement System benefits, Alabama Employees’ Retirement System benefits, and Alabama Judicial Retirement System benefits. It also covers federal civil service pensions, military retirement pay (DFAS), Tennessee Valley Authority pension benefits, and any private-sector defined benefit pension.
The exemption has been in place since tax year 1991. Act 2022-297 did not modify it. The Act added a separate $6,000 exclusion for defined contribution plans without disturbing the DB exemption. The Alabama Department of Revenue confirms the exemption in its Income Exempt from Alabama Income Taxation guidance.
Sources cited
- Alabama Department of Revenue, Individual Income Tax page (brackets and rates)
- Alabama Department of Revenue, Income Exempt from Alabama Income Taxation
- Alabama Department of Revenue, Form 40 Booklet (Tax Year 2025)
- Alabama Code Section 40-18-19, Exemptions from Gross Income Generally
- Alabama Code Section 40-18-19.2, Defined Contribution Plan Distribution Exclusion (Act 2022-297)
- IRC Section 72, Annuities; Certain Proceeds of Endowment and Life Insurance Contracts
- IRC Section 72(t), Additional Tax on Early Distributions from Qualified Retirement Plans
- IRC Section 72(t)(10), Qualified Public Safety Officer Age-50 Exception
- IRC Section 408, Individual Retirement Accounts (Traditional IRA)
- IRC Section 408A, Roth IRA Distribution Rules
- IRC Section 414, Definitions of Defined Benefit Plan (414(j)) and Defined Contribution Plan (414(i))
- 4 U.S.C. Section 114, Pension Source Tax Act of 1996
- IRS Publication 590-B, Distributions from Individual Retirement Arrangements
