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Retirement tax questions
It looks like you can withdraw up to $100,000 from qualified retirement plan if you are in a disaster area as declared by the president for hurricanes Irma, Harvey, or Maria. The 10% penalty is excused and the income tax for the withdrawal is spread out over three years. You also have three years if you want to re-contribute the money back into the IRA. (The law doesn't address the issue of tax deductions for a re-contribution using the three-year rule if you already paid income tax in year one or two. The IRS is going to have to issue some new regulations to cover this law.)
The rule that if you have a qualified work plan like a 401(k) or 403B, where you cannot make a withdrawal while you are still employed, has not been changed. However, the loan rules have been eased. You can borrow up to $100,000 instead of $50,000, the collateral requirement has been loosened, and there is a one year grace period before the five year repayment period starts.
I don't know if these rules specifically apply to a rollover IRA, because the law mentions several different code sections of qualifying plans and I don't have the ability right now to look up the code sections. However, I would assume that Congress wrote the law to cover all qualified retirement plans which would include rollover IRA's.
The rule that if you have a qualified work plan like a 401(k) or 403B, where you cannot make a withdrawal while you are still employed, has not been changed. However, the loan rules have been eased. You can borrow up to $100,000 instead of $50,000, the collateral requirement has been loosened, and there is a one year grace period before the five year repayment period starts.
I don't know if these rules specifically apply to a rollover IRA, because the law mentions several different code sections of qualifying plans and I don't have the ability right now to look up the code sections. However, I would assume that Congress wrote the law to cover all qualified retirement plans which would include rollover IRA's.
‎June 4, 2019
9:01 PM