However, you should know these consequences before taking a hardship distribution: The amount of the hardship distribution will permanently reduce the amount you'll have in the plan at retirement. You must pay income tax on any previously untaxed money you receive as a hardship distribution.
As part of the application, you will certify that you meet all of the requirements to receive a hardship withdrawal. You will be responsible for saving any documentation necessary to prove that you met the requirements (e.g., bills, invoices, legal documents) and providing such documentation in case of an IRS audit.
Disadvantages of a Hardship Withdrawal
The amount that is withdrawn cannot be repaid back into the plan. Hardship withdrawals are subject to income tax and will be reported on the individual's taxable income for the year. If the individual is below 59 years old, they may be required to pay a 10% penalty.
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. You will want to keep documentation or bills proving the hardship, however.
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.
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.
The 401(k) hardship withdrawal process
Note that there's always a chance your request will be denied.
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.
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.
You can take a hardship withdrawal to meet an immediate financial need such as medical expenses, home repair after a natural disaster, or to avoid foreclosure on your home. When you request a hardship withdrawal, it can take 7 to 10 days on average to receive the money.
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.
“Typically, the biggest reasons people withdraw their savings are to cover a bill, to make a purchase, home repairs, for vacations or for birthdays and holidays such as Christmas,” said Arielle Torres, an assistant branch manager at Addition Financial Credit Union. These are all sound reasons to withdraw the funds.
The consequences of false hardship withdrawal can range from fines and penalties to tax implications or even jail time.
A 401(k) loan may be a better option than a traditional hardship withdrawal, if it's available. In most cases, loans are an option only for active employees. If you opt for a 401(k) loan or withdrawal, take steps to keep your retirement savings on track so you don't set yourself back.
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.”
401(k) hardship withdrawal cons
Current-year income tax liability at your marginal rate. Lost opportunity for years, if not decades, of tax-free compounding because you can't repay the money.
A hardship distribution is a withdrawal from a participant's elective deferral account made because of an immediate and heavy financial need, and limited to the amount necessary to satisfy that financial need. The money is taxed to the participant and is not paid back to the borrower's account.
You may lose out on potential earnings if you use retirement savings to pay off debt. If you withdraw that $20,000 to pay off debt, you're also eliminating the opportunity to grow those funds over the long-term—otherwise known as compounding interest. “Weigh all the impacts,” Poorman says.
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.
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.
Unlike loans, hardship distributions are not repaid to the plan. Thus, a hardship distribution permanently reduces the employee's account balance under the plan. A hardship distribution cannot be rolled over into an IRA or another qualified plan.
To prove your tax hardship to the IRS, you will need to submit information about your financial situation to the federal government in a hardship request. This is done using Form 433A/433F (for individuals or self-employed) or Form 433B (for qualifying corporations or partnerships).