Hardship distribution for a reason not allowed by the plan
For example, if the plan states hardship distributions can only be made to pay tuition, then the plan can't permit a hardship distribution for any other reason, such as a home purchase.
Though hardship withdrawals are legal, you might not be able to make one. That decision is still up to your employer or plan sponsor who may choose not to offer this option.
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.
Many plans approve hardship withdrawals through a self-certification process where you provide a written statement confirming: Your distribution meets the plan requirements and is for one of the approved “immediate and heavy financial needs.”
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 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.
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.
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.
Will your employer know if you take out a 401(k) loan? Yes, it's likely your employer will know about any loan from their own sponsored plan. You may need to go through the human resources (HR) department to request the loan and you'd pay it back through payroll deductions, which they'd also be aware of.
The IRS permits hardship withdrawals under specific circumstances, such as covering medical expenses, paying tuition for yourself or a family member, preventing eviction or foreclosure, covering funeral costs, or repairing damage to your primary residence.
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.
With a hardship withdrawal, you can take money out of your 401k without penalty if you're facing an immediate and heavy financial need, such as medical bills or a job loss. However, you'll still need to pay taxes on the amount you withdraw, and you may be required to show proof of the hardship.
Employees no longer routinely have to provide their employers with documentation proving they need a hardship withdrawal from their 401(k) accounts, according to the Internal Revenue Service (IRS).
Employers may also deny withdrawal requests if they suspect a violation of plan rules or IRS regulations. 401(k) plan rules vary from employer to employer. Withdrawal restrictions may be in place for employees still employed with the company.
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 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 decision maker only considers you to be in hardship if: You cannot meet your immediate and most basic essential needs or those of a child you are responsible for. For example: accommodation, heating, food and hygiene.
If your business has 100 or more eligible participants at the beginning of the plan year, you must undergo a 401(k) audit through a third party. The “keyword” in this situation is “eligible,” so even if some of your employees choose not to participate, they still count toward the audit requirement.
But if you are facing a serious financial hardship and need your refund immediately, the IRS can consider not following its usual procedures of taking the refund. Instead, it may release and expedite part or all the refund to help with your hardship.
If you wait until you turn 59 ½ to cash out your 401(k), you'll still have to pay regular income taxes, but you can avoid the additional 10% penalty. Unless you qualify for a hardship distribution, you can't make a cash withdrawal until you stop working for an employer.
To be eligible for a hardship withdrawal, you must have an immediate and heavy financial need that cannot be fulfilled by any other reasonably available assets. This includes other liquid investments, savings, and other distributions you are eligible to take from your 401(k) plan.
If you want to pay off debt, you might be asking yourself, “Can I cash out my 401(k)?” The quick answer is that you can. But whether you should cash out may be the more important question. Before going down that road, you should first review the 401(k) loan rules—and understand the potential financial impact.
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.