Retirement tax questions


@andreenc wrote:

I would like to take the penalty free 401k distribution (up to $100K), but my question is about whether or not I am qualified to do so, under the CARES act, given my specific circumstances. The wording provided by the IRS is somewhat vague, in my opinion. 


Here is the exact wording of the tax law as passed by Congress (I highlighted paragraph I-III):

 

 

IRC §2202(A)

(4) DEFINITIONS.—For purposes of this subsection—
(A) CORONAVIRUS-RELATED DISTRIBUTION.—Except as
provided in paragraph (2), the term ‘‘coronavirus-related
distribution’’ means any distribution from an eligible retirement
plan made—
(i) on or after January 1, 2020, and before
December 31, 2020,
(ii) to an individual—
(I) who is diagnosed with the virus SARS–
CoV–2 or with coronavirus disease 2019 (COVID–
19) by a test approved by the Centers for Disease
Control and Prevention,
(II) whose spouse or dependent (as defined
in section 152 of the Internal Revenue Code of
1986) is diagnosed with such virus or disease by
such a test, or
(III) who experiences adverse financial consequences
as a result of being quarantined, being
furloughed or laid off or having work hours reduced
due to such virus or disease, being unable to work
due to lack of child care due to such virus or
disease, closing or reducing hours of a business
owned or operated by the individual due to such
virus or disease, or other factors as determined
by the Secretary of the Treasury (or the Secretary’s
delegate).
(B) EMPLOYEE CERTIFICATION.—The administrator of
an eligible retirement plan may rely on an employee’s
certification that the employee satisfies the conditions of
subparagraph (A)(ii) in determining whether any distribution
is a coronavirus-related distribution.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**