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New Member
posted Mar 21, 2024 12:20:45 PM

Is there a penalization for hardship, due to losing my job and having to pay bills?

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3 Replies
Level 15
Mar 21, 2024 12:32:58 PM

If you are asking about an exception to the 10% penalty for early withdrawal from a retirement plan, the list of exceptions depends on the type of plan, and are listed here.

https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-on-early-distributions?kuid=5f189800-2cdc-4226-90ea-4605b0ec26e2&kref=YDqUKsThpRdT

 

There is no general exception for unemployment.  There is an exception if you have excess medical expenses during a period of unemployment or if you withdraw the funds to pay for COBRA medical insurance premiums.  There is also an exception for $1000 withdrawn for a family emergency, but only after 1/1/24, because that's when the law was changed to add that exception. 

Expert Alumni
Mar 21, 2024 12:41:28 PM

Unfortunately, No.  Losing your job, although a personal disaster, is not considered an exception to the 10% penalty on retirement accounts.

The only one you may be able to use is the Health Insurance Premium Alternative.

 

The exceptions are:

  • Unreimbursed medical expenses that are more than a certain percentage of your adjusted gross income
  • Health insurance premiums after you have received unemployment compensation (or would have been eligible to receive unemployment compensation but for your self-employed status)
  • Made because you're totally and permanently disabled
  • You because you are terminally ill
  • If you inherited the retirement account
  • Made as part of a series of substantially equal periodic payments for your life.
  • Higher education expenses
  • Not in excess of $10,000 used in a qualified first-time home purchase
  • Made directly to the government to satisfy an IRS levy of the IRA under section 6331 of the Code
  • A qualified reservist distribution (Military activation service)
  • Not in excess of $5,000 and the distribution is a qualified birth or adoption distribution
  • Federal declaration of certain emergencies and disasters

Please see the IRS publication: Additional tax on early distributions from traditional and Roth IRAs

Please contact us again with any additional questions.

Level 15
Mar 21, 2024 1:20:19 PM

Or, if you are asking about tax penalties because you can't pay your taxes, yes, there is a penalty for not paying in full and on time.  You should pay as much as you can afford before the April 15 deadline.  If you think it will take more than 90 days to pay off the rest, you can apply for a payment plan.  The IRS has some discretion to waive or lessen penalties but it is not guaranteed. 

https://www.irs.gov/payments/payment-plans-installment-agreements