Had to take money out of my 403b. Question

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bedo
bedo Member Posts: 1,866

I was taxed and penalized, of course.  But does anyone know if there is a hardship clause that might reduce this?  It's already done. The secretary said she didn't think so.  I can call them, but I would like outside information.

Thank you

Comments

  • Megadotz
    Megadotz Member Posts: 302
    edited December 2011

    Bedo,

     Here's  a link to the IRS description of exceptions to the penalty:

    http://www.irs.gov/taxtopics/tc558.html

    The list is in the second set of bullets --  the 2nd and 4th bullets may describe your situation.

    Good luck!

  • reesie
    reesie Member Posts: 2,078
    edited December 2011

    Bedo the "medical" reason is something you have to claim on your taxes. The withholding is automatic so if you're eligible it is only after the fact thhat you can claim it on your return. Note that the medical clause for not being subject to the penalty is complicated so you should discuss it with your tax advisor. It will be taxable as ordinary inclome no matter what - only the early withdrawal penalty is what is in question.

  • o2bhealthy
    o2bhealthy Member Posts: 2,101
    edited December 2011

    I had to cash out my 401K in 2009...the only way I my accountant said I could 'maybe' get a break on the penalities is if I could 'prove' the money was used for medical bills only (ie.  check from 401K issued for $1,500, bill paid same day for $1,500)...

  • Chickadee
    Chickadee Member Posts: 4,467
    edited December 2011

    Google "403b hardship withdrawal". Lots of info Here is a piece I found:





     

    Under what circumstances may a hardship withdrawal be made?

    This provision allows withdrawal of funds from a 403(b) if under severe financial distress. The participant must have no other resources available. A hardship withdrawal may be made for:



    Un-reimbursed medical expenses of the participant or his/her spouse and dependents.



    Down payment on primary residence.



    Tuition and fees for higher education needs, and only for the next 12 months.



    Eviction or foreclosure on your primary residence

     

      Hardship withdrawals are not exempt from an IRS 10% penalty. Furthermore, withdrawals are subject to ordinary income taxation in the year withdrawn. To qualify you must certify that you have no other recourse, including the possibility of taking a loan. You also are prohibited from contributing to a 403(b) for the next six months. The IRS makes it tough to access money this way for a reason: they don't want you to use the 403(b) as a form of short term savings. For exact details on your situation it is recommended that you contact both your vendor and a tax professional before proceeding.

     

    Also, while the IRS permits withdrawals, it is allowable for a plan sponsors (the employer) to not permit them. The employer has some responsibility in making hardship withdrawals. The employer has to "OK" the hardship, based on written information provided by the employee as to the nature of the hardship. The employer has to determine, based on the facts, whether the employee has an "immediate and heavy financial need."

     

    Consulting a tax professional before making a hardship withdrawal is highly recommended.

  • peggy_j
    peggy_j Member Posts: 1,700
    edited December 2011

    BTW, sometimes there are volunteers who can help you with your taxes for free. (a guy I worked with used to do this). Don't know how to find that offhand but when I googled "free tax advice" the first hit was this page from the IRS.

    http://www.irs.gov/individuals/article/0,,id=107626,00.html

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