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Hello i took a distribution from 401k to stop foreclosure of my home. Would this qualify as special situation?

 
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2 Replies

Hello i took a distribution from 401k to stop foreclosure of my home. Would this qualify as special situation?

Yes. 

Under a “safe harbor” in IRS regulations, an employee is automatically considered to have an immediate and heavy financial need if the distribution is for any of these:

  • Medical care expenses for the employee, the employee’s spouse, dependents or beneficiary.
  • Costs directly related to the purchase of an employee’s principal residence (excluding mortgage payments).
  • Tuition, related educational fees and room and board expenses for the next 12 months of postsecondary education for the employee or the employee’s spouse, children, dependents or beneficiary.
  • Payments necessary to prevent the eviction of the employee from the employee’s principal residence or foreclosure on the mortgage on that residence.
  • Funeral expenses for the employee, the employee’s spouse, children, dependents, or beneficiary.
  • Certain expenses to repair damage to the employee’s principal residence.

 

dmertz
Level 15

Hello i took a distribution from 401k to stop foreclosure of my home. Would this qualify as special situation?

This need allowed to you receive a hardship distribution, but this need is not an exception to the 10% early-distribution penalty.

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