KrisD15
Employee Tax Expert

Tax law changes

Thank you for sharing that link!

The exceptions to penalties can be confusing. 

 

If you look at that document, the portion you highlighted does have a footnote #5 which reads:

 

"5 For purposes of this notice, a “permissible distribution” means a distribution that meets the distribution restriction requirements in sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) and is permissible under the plan. Thus, for example, a participant in a plan that does not permit emergency
personal expense distributions may meet the requirements for a hardship distribution if the plan permits hardship distributions. In addition, a participant who terminated service with an employer with an accrued benefit under a section 401(k) plan that does not permit emergency personal expense distributions may meet the distribution restrictions for severance from employment. "
 

I read that to mean that a taxpayer can take a 1,000 Emergency Withdrawal if their plan has that option, and if the plan does not, the Taxpayer can still make the distribution and call it something else, such as a hardship Distribution. 

I will need to do more research.

 

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