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.
An advantage of a 401(k) loan over a withdrawal is you don't pay ordinary income taxes or face potential additional taxes on the borrowed amount. You must repay the loan along with interest, per the loan terms; but on the bright side, repayments replenish your plan account — you're essentially repaying yourself.
Key Takeaways
Hardship withdrawals are only allowed when there's an immediate and heavy financial need, and typically withdrawals are limited to the amount required to fill that need. Under regular IRS guidelines, you can borrow 50% of your vested account balance or $50,000, whichever is less, as a 401(k) loan.
A 401(k) hardship withdrawal is a penalty-free way to withdraw funds from your 401(k) before age 59½ in the event of "immediate and heavy financial need," as stated by the IRS.
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.
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.
But, no, you don't pay income tax twice on 401(k) withdrawals. With the 20% withholding on your distribution, you're essentially paying part of your taxes upfront. Depending on your tax situation, the amount withheld might not be enough to cover your full tax liability.
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.
Take Out a 401(k) Loan
Your 401(k) plan may permit you to take out a 401(k) loan and forgo the income taxes and penalty associated with an early withdrawal. While you'll be required to repay the loan with interest within five years, you'll be repaying yourself.
Unless it's a forgivable loan or grant, you'll still need to pay it back. Some types of hardship loans come with higher interest rates. You may not qualify if you don't meet credit requirements.
You'll pay penalties and taxes for using retirement savings to pay off debt. Every retirement account—a traditional IRA, Roth IRA, and 401(k)—has age distribution limits. That means some combination of penalties and taxes may hit you for early withdrawals.
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. Funeral home invoices.
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.
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.
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.
401(k)s are typically considered as qualified plans and receive favorable tax treatment. A qualified distribution is generally one you receive after you reach 59 1/2. You may withdraw as much money from the account as you'd like once you reach this age.
The $1,000 per month rule is designed to help you estimate the amount of savings required to generate a steady monthly income during retirement. According to this rule, for every $240,000 you save, you can withdraw $1,000 per month if you stick to a 5% annual withdrawal rate.
Convert to a Roth IRA.
If you have a traditional 401(k), you can convert some or all of it to a Roth IRA. You'll have to pay taxes on the amount converted in the year of the conversion, but qualified withdrawals from a Roth IRA are tax-free in retirement.
As a general rule, if you withdraw funds before age 59 ½, you'll trigger an IRS tax penalty of 10%. The good news is that there's a way to take your distributions a few years early without incurring this penalty. This is known as the rule of 55.
Starting this year, if your employer plan allows, you can withdraw $1,000 from your 401(k) per year for emergency expenses, which the Secure 2.0 Act defines as "unforeseeable or immediate financial needs relating to personal or family emergency expenses." You won't face an early withdrawal penalty, but you will have to ...
The short answer is that yes, you can withdraw money from your 401(k) before age 59 ½. However, early withdrawals often come with hefty penalties and tax consequences.