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Level 2
posted Dec 30, 2024 8:13:30 AM

I file single and defaulted on $1900 401K loan this year - serious car accident and out of work….can I claim it was d/t being unemployed or med expor better to repay it?

I file single. I also had $4400 in taxes due to an inherited IRA withdrawal due to low earned income. I meant medical expenses or

0 2 4112
1 Best answer
Level 15
Jan 1, 2025 11:25:33 AM

The amount that counts as a withdrawal will always be subject to regular income tax.  There's no way around that, the contributions were tax-free, so withdrawals are always taxed.

 

There is an additional 10% penalty if you are under age 59-1/2. There are also several exceptions,  they are listed here (note they are different for 401ks and IRAs).  https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-on-early-distributions

 

Notably:

  • If you left service with the company and are age 55 or older
  • If you used the money to pay for medical insurance while unemployed
  • If you had medical expenses that were more than 7.5% of your adjusted gross income
  • Up to $1000 for an "emergency personal expense." (New in 2024)

 

Being unemployed is not by itself, an exception to the penalty.  But you can claim $1000 as an emergency personal expense and just pay the penalty on the other $900.  You might also have medical insurance or medical expenses that would count.

 

2 Replies
Level 15
Jan 1, 2025 11:25:33 AM

The amount that counts as a withdrawal will always be subject to regular income tax.  There's no way around that, the contributions were tax-free, so withdrawals are always taxed.

 

There is an additional 10% penalty if you are under age 59-1/2. There are also several exceptions,  they are listed here (note they are different for 401ks and IRAs).  https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-on-early-distributions

 

Notably:

  • If you left service with the company and are age 55 or older
  • If you used the money to pay for medical insurance while unemployed
  • If you had medical expenses that were more than 7.5% of your adjusted gross income
  • Up to $1000 for an "emergency personal expense." (New in 2024)

 

Being unemployed is not by itself, an exception to the penalty.  But you can claim $1000 as an emergency personal expense and just pay the penalty on the other $900.  You might also have medical insurance or medical expenses that would count.

 

Level 2
Jan 3, 2025 5:13:29 AM

Thank you so much for taking the time to reply. I very much appreciate it.