What Qualifies as a Hardship Withdrawal on a 401(k)? Immediate and heavy expenses can include the following: Certain expenses to repair casualty losses to a principal residence (such as losses from fires, earthquakes, or floods) Expenses to prevent being foreclosed on or evicted.
But if better options are exhausted, such as an emergency fund, a 401(k) hardship withdrawal may be worth considering. In some instances, you won't have to pay an early withdrawal penalty—for example, if you become permanently disabled.
An economic hardship occurs when we have determined the levy prevents you from meeting basic, reasonable living expenses. In order for the IRS to determine if a levy is causing hardship, the IRS will usually need you to provide financial information so be prepared to provide it when you call.
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.
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.
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).
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.
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 IRS has a limited window to collect unpaid taxes — which is generally 10 years from the date the tax debt was assessed. If the IRS cannot collect the full amount within this period, the remaining balance is forgiven. This is known as the "collection statute expiration date" (CSED).
The 401(k) hardship withdrawal process
Note that there's always a chance your request will be denied. Some employers may require you to prove that you've exhausted all other options for funding.
“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.
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.
Unexpected medical expenses or treatments that are not covered by insurance. Costs related to the purchase or repair of a home, or eviction prevention. Tuition, educational fees and related expenses. Burial or funeral expenses.
Since Jan. 1, 2024, however, a new IRS rule allows retirement plan owners to withdraw up to $1,000 for unspecified personal or family emergency expenses, penalty-free, if their plan allows.
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.
A hardship withdrawal isn't a loan and doesn't require you to pay back the amount you withdrew from your account. You'll pay income taxes when making a hardship withdrawal and potentially the 10% early withdrawal fee if you withdraw before age 59½.
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.
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.
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.
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.
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.
However, you may be eligible for an early distribution or a hardship withdrawal if you face an “immediate and heavy financial need,” such as: Medical expenses. Principal residence purchase. Foreclosure or eviction prevention.