The CD early withdrawal penalty (EWP) is calculated as: APY / 365 × principal × penalty days. The three common penalty windows are 90 days (terms under 1 year), 180 days (1-4 year terms), and 365 days (5+ year terms). The breakeven for breaking a CD: the new available rate must exceed the existing rate by enough to recoup the EWP within the remaining term. On a $100,000 5-year CD at 4.00% with 3 years remaining and a 365-day EWP, you need a new 3-year rate of approximately 5.20% to break even.
CD vs MYGA, after tax
Rates used: CD 4.50%, the top nationally available 5-year CD (DepositAccounts, September 24, 2026); change it to the rate you are offered. MYGA 5.95%, the best A-rated rate we track as of October 13, 2026: Delaware Life Pinnacle Plus 5-year (AM Best A-, negative outlook, 7/31/2026), $100,000 and up, effective October 6, 2026 (Delaware Life rate sheet).
| CD, interest taxed every year | $118,826 |
|---|---|
| MYGA, tax-deferred, before tax | $133,507 |
| MYGA after paying tax on all the interest at withdrawal | $126,136 |
| Tax deferral alone adds about | $674 |
| MYGA ahead of the CD, after tax | $7,310 |
Assumes 22% federal and 0% state income tax, no withdrawals, rates held for the whole term. MYGA interest is taxed as ordinary income when you withdraw it, not as capital gains. Gains taken before age 59 1/2 can owe a 10% IRS penalty, and cashing out early can cost a surrender charge. In an IRA both grow tax-deferred, so the edge there is the rate alone. Bank and credit union deposits are FDIC or NCUA insured up to the limits; a MYGA is backed by the issuing insurer's claims-paying ability and your state's guaranty association up to its limits, not the FDIC. General education, not tax, legal or financial advice.
Every bank's CD disclosure spells out the EWP as a number of days of interest. The math is identical across institutions:
EWP dollars = (APY ÷ 365) × principal × penalty days
Some examples on common 5-year CDs:
| Principal | APY | EWP (90 days) | EWP (180 days) | EWP (365 days) |
|---|---|---|---|---|
| $25,000 | 4.55% | $281 | $561 | $1,138 |
| $50,000 | 4.55% | $561 | $1,122 | $2,275 |
| $100,000 | 4.55% | $1,122 | $2,244 | $4,550 |
| $250,000 | 4.55% | $2,805 | $5,610 | $11,375 |
| $500,000 | 4.55% | $5,610 | $11,220 | $22,750 |
Most banks charge 90 days of interest on terms under 12 months. The penalty is small in absolute dollars because the term is short.
The industry standard for 1- to 4-year CDs is 180 days of interest. This is the most common EWP you will encounter.
Most institutions charge a full year of interest on 5-year and longer CDs. A few aggressive issuers charge 540 days (18 months) on 7- or 10-year CDs.
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Federal regulations allow banks to charge the EWP against principal if the accrued interest at the time of withdrawal is insufficient to cover the penalty. This is the single most-misunderstood CD risk.
Example. You open a 5-year CD at 4.55 percent for $100,000 with a 365-day EWP. After 6 months, you need to break it. Accrued interest to date: roughly $2,250. EWP: $4,550. The bank takes $2,250 of accrued interest plus $2,300 of principal. You walk away with $97,700.
The principal-loss trap is largest when:
Breaking a CD to capture a higher rate elsewhere only makes sense if the new yield exceeds the existing yield by enough to recoup the EWP within the remaining term.
The break-even formula:
New rate − existing rate > EWP ÷ (remaining principal × remaining years)
Worked example 1. You hold a 5-year CD at 4.00 percent with 3 years remaining and a 365-day EWP. Principal: $100,000.
If a new 3-year CD or MYGA is available at 5.50 percent, breaking is a $510 net win over 3 years. At 5.10 percent, breaking costs $690 versus holding.
Worked example 2. You hold a 5-year CD at 2.50 percent (locked in 2021) with 6 months remaining and a 365-day EWP. Principal: $100,000.
The EWP is reported on Form 1099-INT (box 2) and deducted above the line on Schedule 1, line 18. This is an adjustment to gross income, not an itemized deduction, so you get the benefit regardless of whether you itemize.
For a $4,550 EWP in a 24 percent bracket, the after-tax cost is $4,550 × (1 − 0.24) = $3,458. This is real and meaningful, particularly for larger CDs where the EWP runs into five figures.
Adjusted break-even formula (after-tax):
New rate − existing rate > (EWP × (1 − tax rate)) ÷ (principal × remaining years)
MYGA surrender charges work differently from CD EWPs:
On a 5-year MYGA broken in year 2 at $100,000: surrender charge 6 percent = $6,000, possibly offset or magnified by MVA. The 10 percent annual penalty-free allowance ($10,000) is available without surrender charge. Operationally, the MYGA is more flexible for partial withdrawals; the CD is more punitive on early total surrender at high rates.
For the strategic comparison, see our CD vs MYGA ladder analysis.
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This article reflects publicly available CD, savings, and annuity rate information approximate to the date above. Rates change frequently, often weekly. Always confirm current rates directly with the institution before opening, renewing, or transferring. This is general educational content, not a personalized recommendation, solicitation, or offer of any specific product. Hans Goldstein is an independent licensed insurance producer (NPN 20602398) appointed with multiple A-rated carriers in the fixed-annuity market; Goldstein & Co. LLC is not a bank, broker-dealer, or registered investment adviser. CDs are deposit products of FDIC-insured banks or NCUA-insured credit unions; annuities are insurance contracts backed by the issuing carrier and state guaranty associations. FDIC and NCUA insurance limits are typically $250,000 per depositor per institution per ownership category. Tax discussion reflects federal law as of 2026 and is subject to change; consult a tax professional for your situation.
Hans Goldstein is an Enrolled Agent, admitted to practice before the Internal Revenue Service. Not affiliated with or endorsed by the IRS. General education, not tax or legal advice for your situation.