You may be able to take a hardship withdrawal from your 401(k), so long as you have what the IRS describes as an "immediate and heavy financial need." In such cases, you may be allowed withdraw only enough to meet that need, penalty-free, though you will owe income taxes.
The 401(k) hardship withdrawal process
If your employer doesn't deem your hardship as immediate or necessary, your request can also be turned down, O'Shea says. The entire process may take a few weeks, she adds.
You do not have to prove hardship to take a withdrawal from your 401(k). That is, you are not required to provide your employer with documentation attesting to your hardship.
In addition, they may be subject to an additional tax on early distributions of elective contributions. Unlike loans, hardship distributions are not repaid to the plan. Thus, a hardship distribution permanently reduces the employee's account balance under the plan.
Once you submit your hardship withdrawal application, it will be reviewed. Generally this takes less than a day. However, if there are any questions about your application, additional review time may be needed. Typically, this further review takes 5-7 business days.
Acceptable Documentation
Lost Employment. • Unemployment Compensation Statement. (Note: this satisfies the proof of income requirement as well.) • Termination/Furlough letter from Employer. • Pay stub from previous employer with.
IRS doesn't audit individuals for 401(k) hardship withdrawals, AS LONG AS the employer sponsor of the plan and it's administrator (your employer and Fidelity) have approved it. The entity that will be audited is the plan/sponsor/ administrator.
You may need to supply supporting documentation of your hardship, including legal documents, invoices, and bills. Although the IRS does not approve hardship withdrawals from 401(k)s, you may still be audited. So, ensure all your ducks are in a row if you are permitted a 401(k) hardship withdrawal.
The consequences of false hardship withdrawal can range from fines and penalties to tax implications or even jail time. Additionally, lying to an employer can severely hinder your career growth or result in job loss. In other words, if you don't qualify, seek an alternative solution.
The act itself of signing up for a hardship plan has no effect on your credit. However, once you enroll, your credit scores could be indirectly affected because of the way the program works. First, your credit card issuer may put a note on your credit reports regarding your participation in its hardship plan.
The IRS may agree that you have a financial hardship (economic hardship) if you can show that you cannot pay or can barely pay your basic living expenses. For the IRS to determine you are in a hardship situation, the IRS will use its collection financial standards to determine allowable basic living expenses.
Using the loan to pay off credit card debt may not meet the hardship criteria set by some plan administrators, as hardship withdrawals are generally restricted to specific circumstances defined by the IRS, including: Medical expenses. Costs related to purchasing a primary residence. Tuition and educational fees.
Deferring Social Security payments, rolling over old 401(k)s, setting up IRAs to avoid the mandatory 20% federal income tax, and keeping your capital gains taxes low are among the best strategies for reducing taxes on your 401(k) withdrawal.
What Proof Do You Need for a Hardship Withdrawal? You must provide adequate documentation as proof of your hardship withdrawal. 2 Depending on the circumstance, this can include invoices from a funeral home or university, insurance or hospital bills, bank statements, and escrow payments.
The short answer is yes — if you make a 401(k) withdrawal, your employer will know.
You must pay income tax on any previously untaxed money you receive as a hardship distribution. You may also have to pay an additional 10% tax, unless you're age 59½ or older or qualify for another exception. You may not be able to contribute to your account for six months after you receive the hardship distribution.
Consider IRS Hardship if you are unable to pay your back taxes and you do not qualify for an IRS Settlement. You will still owe the back taxes but the IRS will not pursue you. You may stay in IRS Hardship status for the next 10 years. After 10 years, the IRS will remove the back taxes.
However, if the employer knows you can access another source of funds, it may deny your request. Other times, the employer may verify your hardship and the necessity of the withdrawal through specific documentation, such as: Foreclosure notices.
Generally speaking, IRS hardship rules require: An annual income less than $84,000 per year. Little or no funds left over after paying for basic living expenses. Basic living expenses fall within the IRS guidelines.
When you write the hardship letter, don't include anything that would hurt your situation. Here are some examples of things you shouldn't say in the letter: Don't say that your situation is your lender's fault or that their employees are jerks. Don't state that things will likely turn around for you.
Your employer plays a role in administering 401(k) plans and may need to approve withdrawals in certain situations, such as in-service withdrawals or hardship distributions.