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ratty8686
New Member

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

Until I can find full-time job I’ve had different jobs then 401k
6 Replies
Mike9241
Level 15

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

your question isn't really clear but it appears you're asking about 401(k) hardship withdrawals.  

 

see this link which should provide you with the info you seek

https://www.thebalance.com/what-to-know-before-taking-a-401-k-hardship-withdrawal-2388214 

if you are not asking about 401(k) hardship withdrawals please restate your question so it is understandable. we are only human.

 

Opus 17
Level 15

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

you may withdraw from a 401(k) without paying the penalty if you are age 59 1/2 or older, or if you are age 55 or older in the year that you separate from service with the plan sponsor. If you make an early withdrawal, you will pay regular income tax plus a 10% penalty. Unemployment or avoiding eviction is not an exception to the 10% penalty.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
SweetieJean
Level 15

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

No penalty if you left that job at age 55 or more.

 

However, you might be in violation of the rules for the 401 plan itself, so check with the plan's administrator, or read the plan's documents.

Opus 17
Level 15

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

@SweetieJean 

If the employee is still employed with the plan sponsor, withdrawals are usually not allowed except in the case of a “hardship.“ It is up to the employer to determine what their hardship rules are and how to enforce them.  The employee won’t get in trouble from the IRS if they make a hardship withdrawal that doesn’t really qualify—any penalties or responsibilities would fall on the employer for not following their hardship rules.  Withdrawals are still subject to income tax and the 10% penalty for early withdrawal, of course, but there is no additional penalty for the employee if a withdrawal is allowed that is not really a hardship.

After the employee has separated from service, they can withdraw from a 401(k) at any time for any reason. They pen pay a penalty if the withdrawal is considered “early “, but there are no other limitations.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
SweetieJean
Level 15

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

@Opus 17 You are correct.  OP said the following, which I missed: 

Until I can find full-time job I’ve had different jobs then 401k.

 

 

Opus 17
Level 15

401 what happens if you hard draw more than you need eviction. will the IRS Penalize you they want proof? I want pay off land lord but need continue to help the finances

Even if it was a hardship withdrawal from a current employer, the onus is on the employer to enforce the appropriate rules, not the employee.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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