Does my 401K count as taxable gross income for me even if I can't withdraw it without a penalty yet, for me to qualify my sis as a HOH?

[macuser_22]

What do you mean income but you can't withdraw it?   Either you took a distribution or you did not - can't be both.

And what does being able to claim HOH have tot do with a 401(k).    One is a filing status and the other is a retirement account.

[scrawford128]

See PUB 501 which explains the conditions that allow one to use HOH filing status.  Gross income is one of the conditions that can disqualify one from HOH status.

My question restated:  Can the qualifying person (older sister who lost her job and is living with me where I pay all the expenses) still qualify me for HOH because she has a 401 K, NOT USED (too young)  because she would be penalized to take out the money now?   This category of withdrawal of a 401 K early is not stated clearly in any regs I can find.  The IRS rule states "distributions and earnings are includable in taxable income at retirement"...I know that.  But she hasn't taken a distribution.  My question is:  is the 401 K money considered as taxable income  for determining HOH filing status if she has not taken any money out yet?  Thanks     Sandra

[fanfare]

you seem to be trying to be her dependent.
If she lives with you and you support her and her income is low enough, she would be YOUR dependent as a qualifying relative

[macuser_22 · Accepted solution]

The answer to your question is NO.   Only 401(k) funds that were withdrawn (distributed) count as taxable income.   A fanfare said, her gross taxable income must be less than $4,050.

[fanfare]

The person's gross income must be less that $4050. You do not include her 401k or IRAs or any other savings in that calculation.
Gross income means all income you receive in the form of money, goods, property, and services that isn't exempt from tax.

[scrawford128]

I think your answer is what I have been looking for!  My sister is the qualifying person with the 401 K that she has not withdrawn from as it would be too early and she would incur a penalty.  It was how that 401 K would be treated when I used the filing status as HOH.  I believe she qualifies on all other tests, but I wasn't sure and couldn't find the narrow answer I needed.  What is your source of reference for your answer to me so I can read up and further understand this.  Thank you very much.

[fanfare]

Your sister could have a million dollars in her 401k but if she did not work, you supported her so she is your dependent. If she takes money out of the 401k, then it is income. She should not take more than $4,049 or you will not be able claim her on your tax return.

There are other rules that must be met to file HOH . See Table 4 Pub 501 available at <a rel="nofollow" target="_blank" href="http://www.irs.gov">www.irs.gov</a>

[scrawford128]

Got it and totally understand now.   I think I phrased my question wrong when I first asked for help.  Thanks very much for your help and  thanks for the input from all who answered.  Have a great weekend.