Can a Hardship Withdrawal Be Denied? Understanding the Rules and Exceptions

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The removal of money from your 401(k) in reaction to an urgent and substantial financial need is known as a hardship withdrawal. In situations where an individual is facing financial difficulties and requires a substantial amount of money but does not anticipate being able to repay it, a hardship withdrawal from a 401(k) may be a suitable course of action.

However, before taking money out of a 401(k) retirement account, it’s critical to comprehend the guidelines and possible consequences of this financial choice.

Facing a financial emergency? You might consider a 401(k) hardship withdrawal. But before you tap into your retirement savings it’s crucial to understand the rules and potential pitfalls.

What is a 401(k) Hardship Withdrawal?

A 401(k) hardship withdrawal allows you to access a portion of your retirement savings before reaching the age of 59 1/2 without incurring the usual 10% early withdrawal penalty. However, it’s not a free pass. You’ll still be taxed on the withdrawn amount, and it can significantly impact your long-term financial goals.

Qualifying for a Hardship Withdrawal:

Not everyone can access a hardship withdrawal. The IRS and your plan administrator have specific criteria that must be met.

IRS-Defined Hardships:

  • Medical expenses: Unreimbursed medical expenses exceeding 7.5% of your adjusted gross income (AGI).
  • Homeownership: Expenses related to preventing foreclosure or eviction, or purchasing a principal residence.
  • Tuition and fees: Up to 12 months of qualified higher education expenses.
  • Funeral and burial expenses: Costs associated with a funeral or burial.
  • Repairing casualty losses: Expenses to repair damage to your primary residence caused by a disaster.

Additional Hardships Allowed by Some Plans:

  • Disability: If you become disabled and unable to work.
  • Military service: If you’re called to active duty as a qualified reservist.
  • Separation from service: If you leave your job after reaching age 55.

Important Points to Remember:

  • Plan-Specific Rules: Your plan administrator may have additional requirements or restrictions beyond the IRS guidelines.
  • Documentation Required: You’ll need to provide documentation to support your hardship claim.
  • Employer Discretion: Ultimately, your employer has the final say on approving or denying your hardship withdrawal request.

Reasons for Denial:

Several reasons could lead to your hardship withdrawal being denied:

  • Insufficient Documentation: Failing to provide adequate proof of your hardship.
  • Ineligible Expenses: Your reason for withdrawal doesn’t fall under the IRS or plan-defined hardship categories.
  • Available Resources: You have other resources, such as savings or loans, that could cover the expense.
  • Plan Restrictions: Your plan may not allow hardship withdrawals for your specific situation.

Alternatives to Hardship Withdrawals:

Before resorting to a hardship withdrawal, explore other options:

  • 401(k) Loan: If your plan allows, you can borrow against your 401(k) balance. However, you’ll need to repay the loan with interest.
  • Personal Loan: Consider a personal loan from a bank or credit union. Interest rates may be higher than a 401(k) loan, but it could be a better option than depleting your retirement savings.
  • Negotiate with Creditors: Try to work out a payment plan with your creditors to avoid foreclosure or eviction.
  • Sell Assets: Consider selling non-essential assets to generate funds.

The Bottom Line:

Hardship withdrawals can be a lifeline in emergencies. However, it’s crucial to understand the rules, potential consequences, and explore alternative options before tapping into your retirement savings.

Additional Resources:

Remember, accessing your retirement savings should be a last resort. Explore all other options and carefully consider the long-term impact before making a decision.

How Do You Prove Hardship?

Before determining whether a customer is eligible for a hardship withdrawal, a 401(k) provider might require documentation of the hardship.

Usually, they will accept a written statement stating your financial need instead of requiring them to check your financial situation. However, if an employer knows for a fact that an employee has other resources available to them that can cover the need, then the employer cannot rely on the employee’s representation of their need. In this case, the employer may deny the hardship withdrawal.

It’s crucial to remember that workers are free to use other resources if doing so would result in a greater need for money. For example, say an employee is buying a primary residence. If taking out loans would make it more difficult for them to get the other funding they need to buy the house, then they don’t need to do so.

Who Is Eligible for a Hardship Withdrawal?

The IRS states that if a person has a “immediate and heavy financial need,” they may be eligible to make a hardship withdrawal. ”.

But not all 401(k) plans allow hardship withdrawals, so if you’re thinking about doing so, speak with your plan administrator, who is typically a member of the benefits or human resources department of an employer. Another method to obtain information about a specific 401(k) account is to contact the number shown on a recent statement and request assistance.

If a retirement plan permits hardship withdrawals, you will normally be required to submit your case to the plan administrator, who will determine whether it satisfies the hardship requirements. Should that occur, the maximum amount you can take out will be the amount required to meet your short-term financial needs.

In general, a hardship withdrawal should be considered a last resort. A person must not have any other means of meeting their immediate needs in order to be eligible, such as selling assets, liquidating insurance, taking out a business loan, or stopping contributions to their retirement plan and reallocating the funds.

401k Hardship Withdrawals [What You Need To Know]

FAQ

Do hardship withdrawals get approved?

While the IRS may allow certain kinds of expenses to qualify for a hardship withdrawal, that doesn’t mean the employer’s 401(k) must also allow them. For example, medical and funeral expenses may be included as hardship reasons in your employer’s plan, but not expenses for a principal residence.

What proof do you need for a hardship withdrawal?

To make a 401(k) hardship withdrawal, you will need to contact your employer and plan administrator and request the withdrawal. The administrator will likely require you to provide evidence of the hardship, such as medical bills or a notice of eviction.

Can my employer deny my 401k hardship withdrawal?

Employers may also deny withdrawal requests if they suspect a violation of plan rules or IRS regulations. 401(k) plan rules vary from employer to employer. Withdrawal restrictions may be in place for employees still employed with the company.

Does my employer have to approve my 401k withdrawal?

It’s a company-by-company decision whether to allow their employees to borrow against their 401(K)s. If you’re unable to prove hardship and your employer refuses to give you a 401(k) loan, there isn’t much else you can do to withdraw your 401(k) money.

Are hardship withdrawals legal?

It’s important to understand that even though the law states hardship withdrawals are legal, you might not be able to make one. That decision is still up to your employer or plan sponsor. “A retirement plan may, but is not required to, provide for hardship distributions,” the IRS states.

Can I withdraw from my 401(k) if I have a financial hardship?

Some retirement plans, such as 401 (k) and 403 (b) plans, may allow participants to withdraw from their retirement accounts because of a financial hardship, but these withdrawals must follow IRS guidelines. A plan may only make a hardship distribution: In an amount necessary to meet the financial need.

What happens if a hardship withdrawal is denied?

The plan administrator or financial institution will review the application and supporting documentation to determine if the applicant meets the eligibility criteria for a hardship withdrawal. If approved, the withdrawal amount will be disbursed; if denied, the applicant will be informed of the reason for the denial.

How do I request a hardship withdrawal?

The first step in requesting a hardship withdrawal is to contact the plan administrator or financial institution responsible for managing the retirement account. They will provide information on eligibility, required forms, and documentation needed for the application.

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