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.
Overall, you should only take on a loan from your 401(k) if you have exhausted all other funding options because taking money out of your 401(k) means you're hindering it from the most growth over time. You'll be missing out on the power of compound interest when you take money out of your retirement account.
The administrator will likely require you to provide evidence of the hardship, such as medical bills or a notice of eviction.
There are a few situations where it makes sense to tap your 401(k) to get rid of personal debt. All of them fall into the category of hardship withdrawals, which are designated for “immediate and heavy” financial needs. Examples include: A down payment for buying a permanent residence.
In the case of IRAs, you can avoid a 10 percent penalty on IRA withdrawals related to medical hardship, among other reasons. But the hardship amount must be the difference between the actual need and 10 percent of your adjusted gross income.
Hardship distributions are includible in gross income unless they consist of designated Roth contributions. 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.
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.
Lying to get a 401(k) hardship withdrawal can have serious consequences, such as legal repercussions in the form of fraud, financial penalties, and tax implications. If you're caught lying about legibility for a hardship withdrawal, you may face additional fees, fines, and even imprisonment.
Under the new rules related to the SECURE 2.0 Act of 2022, employees may state they had emergency expenses that merit a hardship withdrawal. Beginning in 2024, they can take up to $1,000 per year for emergency expenses without incurring the usual 10% early withdrawal penalty.
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.
That said, an employer cannot rely on an employee's representation of their need if the employer knows for a fact that the employee has other resources at their disposal that can cover the need. In this case, the employer may deny the hardship withdrawal.
A plan distribution before you turn 65 (or the plan's normal retirement age, if earlier) may result in an additional income tax of 10% of the amount of the withdrawal.
You must pay this penalty in addition to regular income tax. If your tax withholdings and/or estimated tax payments are not enough to cover your taxes and the penalty, you will owe money when you file your return.
Hardship withdrawals may get even easier to tap in 2023 with the new Secure 2.0 retirement regulations signed into law by President Biden in December. The new rules allow employees to self-certify that they meet the hardship criteria and will only take out the amount they need to cover their financial emergency.
Generally, early withdrawal from an Individual Retirement Account (IRA) prior to age 59½ is subject to being included in gross income plus a 10 percent additional tax penalty. There are exceptions to the 10 percent penalty, such as using IRA funds to pay your medical insurance premium after a job loss.
You may need to share proof of the hardship event and show that you don't have insurance or other assets and can't qualify for a loan before you receive the hardship withdrawal. Your employer may also want to verify that you can't cover the hardship by stopping your 401(k) contributions.
Paying off debt with money from your 401(k) plan can make sense in some cases. But you'll also be reducing your retirement savings, so it's worth weighing the pros and cons, as well as considering some alternatives that may be preferable.
“But it wouldn't be recommended to take it out to satisfy non-essential expenses, like credit cards or other loans,” Nitzsche says. Consider also the opportunity cost of withdrawing your retirement savings during a market decline.
"It's up to the plan sponsor to decide whether to allow hardship withdrawals," said Kyle Ryan, executive vice president of sales and advisory services at Empower Personal Wealth in Danville, California, in an email.
A hardship withdrawal is when you take money early from your 401(k) account in response to an immediate, urgent financial need. While early withdrawals (those made before you reach the age of 59.5) normally come with a 10% penalty, this penalty does not apply to hardship withdrawals.
Please remember: it takes 10-15 business days to process a hardship withdrawal. In addition to the processing time, please allow 1-3 business days to receive the funds electronically and 7-10 days for checks sent via mail.
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.
'Last resort' 401(k) hardship withdrawals rise
Bank of America's recent participant pulse report showed that the number of 401(k) plan participants taking hardship withdrawals was up 13% from the second quarter and 27% compared with the first quarter of the year — with the average withdrawal amount just over $5,000.
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.