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Level 2
November 3, 2019
Solved

Question Regarding Class Action Proceeds for a Retirement Account

  • November 3, 2019
  • 2 replies
  • 14 views

Hello,

 

I received a class action check the other day due to a settlement from a former employer retirement account. The check has already had 20% federal taxes withdrawn. I will be receiving a 1099-R as well. Would I be able to deposit the check to my 401k and receive back the taxes paid out? Should I expect to see additional taxes or penalties (like early withdraw penalties) when I deposit the check? 

 

Thank you.

    Best answer by dmertz

    To avoid this being taxable by rolling over the entire gross amount distributed, which includes the amount withheld for taxes, and meet the 60-day rollover deadline, you'll need to substitute other funds to replace the amount withheld.  The amount withheld will be credited on your 2019 tax return and you'll receive a refund of any excess tax withholding after filing your 2019 tax return.  Any portion of the gross amount not rolled over will be subject to tax and potential early-distribution penalty on your 2019 tax return.

    2 replies

    dmertzAnswer
    Level 15
    November 3, 2019

    To avoid this being taxable by rolling over the entire gross amount distributed, which includes the amount withheld for taxes, and meet the 60-day rollover deadline, you'll need to substitute other funds to replace the amount withheld.  The amount withheld will be credited on your 2019 tax return and you'll receive a refund of any excess tax withholding after filing your 2019 tax return.  Any portion of the gross amount not rolled over will be subject to tax and potential early-distribution penalty on your 2019 tax return.

    Level 2
    November 5, 2019

    Thank you!