2007-08-03 04:28:55 · 8 answers · asked by JWarshy 2 in Business & Finance ➔ Taxes ➔ United States
Valid reasons for a hardship withdrawal generally include:
1. Expenses for medical care for yourself, your spouse, or your dependent.
2. Costs directly related to the purchase of your principle residence, excluding mortgage payments.
3. Tuition, related educational fees, and room and board expenses for the next 12 months of college education for yourself, your spouse, or your dependent.
4. Amounts necessary to prevent your eviction from your principle residence or foreclosure on the mortgage of your principle residence.
5. Payments for burial or funeral expenses for your deceased parent, spouse, or dependent.
6. Expenses for the repair of damage to your principle residence that would qualify for the casualty deduction under the Internal Revenue Code.
Unless one of the above applies to you, your employer is allowed to deny your request for early 401(k) withdrawal.
2007-08-03 04:38:30 · answer #1 · answered by Plea_of_insanity 5 · 1⤊ 0⤋
No. Your employer can not deny your early withdrawal. It is so stated and contracted (by your employment) that you both agreed that money would be placed in this account, in whatever way. Employers have the stupidity to say unconscious things due to your leaving. By law the employer has no time period to close your account for you to withdraw. If it is a large sum of money, get a lawyer if you want the funds. Truth, get the necessary papers, by calling the plan administrator (company holding funds), complete, make a copy for self, forward back to the company, call to insure receipt. It is in the best interest of anyone under the age of retirement to place the funds in an IRA account at your own bank with no penalty, than a cash withdrawal. Early withdrawal means IRS takes 40% off the top; 30% early withdrawal, 10% taxes on the total. If you are in need of money try another avenue. The headache, hassle, and giving money away to the gov is not the right choice. Money doesn't make the world go round, it just makes it possible for you to have more material items, love makes the world go round. Weigh your options. If it's a small amount of money (under 10,000) use an IRA. Once you forward papers back to company they hassle your employer, you hassle them until you get what you want. Don't be mean or sly. Do the right thing for futer self preservation. Live life, not life live. Be good. :)
2007-08-03 04:45:17 · answer #2 · answered by pretigrl2me 1 · 0⤊ 6⤋
Yes. As long as you are still employed by the sponsoring firm they do NOT have to allow you to take any distributions at all. This is very common. The circumstances under which you are allowed to take an in-service distribution are defined in the plan. Just because the funds are fully vested or are an IRS approved reason does NOT guarantee that the plan will or must allow the distribution.
If they will not allow you to take a distribution, you'll have to quit your job first. Once you no longer work for the sponsoring firm you can take distributions as you see fit.
2007-08-03 06:21:30 · answer #3 · answered by Bostonian In MO 7 · 3⤊ 1⤋
YES - There are only certain hardship reasons that you are allowed to withdraw money for a 401 AND it has to be approved by your employer/401k administrator (usually someone in your company)
2007-08-03 04:31:24 · answer #4 · answered by Anonymous · 3⤊ 0⤋
The above answer is partially correct. The need for approval is only applicable to portions of your funds that are not fully vested. any of the funds that are your direct contributions are full access this also goes for any fully vested funds. However you will need to speak to a company rep. to request the withdrawal no matter what but their approval is not guaranteed to be needed depending on the situation. Oh, and he is also correct that in most cases the Reason for withdrawal plays a major factor in its acceptance.
2007-08-03 04:40:02 · answer #5 · answered by str4teru 2 · 0⤊ 2⤋
It depends on the rules of the plan. Some plans have minimum distribution rules. The plan administrator should be able to tell you the exact rules that apply. You can also look at the plan documents which should say what the distribution rules are.
2007-08-03 04:43:00 · answer #6 · answered by way2channel 1 · 1⤊ 0⤋
If you aren't employed there any more, then they have to let you take it. If you're still employed there, then yes they can deny your request unless the rules of their plan say otherwise - check the plan paperwork.
2007-08-03 05:43:17 · answer #7 · answered by Judy 7 · 4⤊ 2⤋
yes and no -- yes on that portion that has not been vested and no on your money that was put in to the fund.
2007-08-07 02:59:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋