Reasons for a 401 (k) withdrawal due to economic difficulties The IRS allows a 401 (k) withdrawal due to economic difficulties if you have an immediate and serious financial need. Under tax law, there are several other scenarios in which an employer has the right, but not the obligation, to allow withdrawals due to economic difficulties. These include buying a primary residence, paying for tuition and other educational expenses, preventing eviction or foreclosure, and funeral expenses. The IRS sets the strictest guidelines for 401 (k) plan withdrawals due to economic difficulties, and your specific plan will set out the potentially most restrictive criteria you must follow.
The IRS establishes general guidelines for 401 (k) plan withdrawals due to economic difficulties, but the specific limits and conditions are determined by the provisions of each individual 401 (k) plan. You may need to provide proof of your difficult financial situation and show that you don't have insurance or other assets and that you can't qualify for a loan before receiving retirement due to financial difficulties. Since technically, a 401 (k) withdrawal due to economic difficulties is still a retirement, you will be subject to a 10% IRS tax penalty if you withdraw any amount of money from your 401 (k) plan before your 59.5 years of age. An economic hardship retirement is an urgent withdrawal of funds from a retirement plan that is requested in response to what the IRS calls an urgent and immediate financial need.
Depending on your plan rules, you may also need to try other ways to deal with a difficult financial situation before turning to a 401 (k) plan to withdraw funds due to financial difficulties. When you withdraw funds from your 401 (k) plan due to financial difficulties, you'll need to show the IRS that you don't have other resources at your disposal and that you won't accept more than you need. According to IRS rules, withdrawing money due to economic difficulties allows you to withdraw money from your account without having to pay the usual 10% early withdrawal penalty that applies to people under 59 and a half years old. If you have left your employer, the IRS allows you to receive substantially equal periodic payments (SEPP) without penalty, although technically these are not distributions due to economic difficulties.
Keep in mind that some 401 (k) plans are more restrictive and that some of the situations described above by the IRS may not meet the requirements for withdrawing funds due to economic difficulties. Although you won't have to return the money when you make a withdrawal due to economic difficulties, the 10% tax penalty mentioned above by the IRS will apply. You may also be subject to an early retirement penalty if you believe that the retirement due to economic difficulties does not meet the requirements or if you withdraw more than necessary to cover exactly the specific difficulties.
