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 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.
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.
Certain types of “hardship” withdrawals are permissible. But you must have a very good reason, and you definitely can't lie about it.
The consequences of false hardship withdrawal can range from fines and penalties to tax implications or even jail time.
Every 401(k) plan is different. Many, but not all, 401(k) plans offer the option for participants to withdraw money in the case of financial hardship. Plans require documentation of a hardship circumstance. This typically involves showing your employer financial proof that you need the money.
On an institutional level, your employer has access to these records. This means that every withdrawal from an employee 401(k), including loans and hardship withdrawals, can be known by certain company employees.
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.
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 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.
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.
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.
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.
Try a 401(k) loan
As an alternative, consider a 401(k) loan, which can offer some advantages. With a 401(k) loan, you can take out the money you need, while avoiding taxes and penalties associated with a hardship withdrawal.
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).
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.
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.
You will not need to submit any documentation with your application to prove that you meet all of the qualifications to take a hardship withdrawal. As part of the application, you will certify that you meet all of the requirements to receive a hardship withdrawal.
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.
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.
To make a 401(k) hardship withdrawal, you will need to contact your employer and plan administrator and request the withdrawal. The administrator will likely require you to provide evidence of the hardship, such as medical bills or a notice of eviction.
You'll get a 1099-R in this case, but you still won't owe tax as long as you meet the rollover rules. If you cash in your 401(k), the IRS will know. So don't try to cheat your way out of paying tax. Instead, do the smart thing and keep your retirement money where it belongs.
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.