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Do you need your 401(k) money right now? If you haven’t reached age 59 ½, taking an early withdrawal from your 401(k) could result in penalties and taxes, which could negatively affect your long-term retirement savings. However, here are some things to consider if you’re thinking about taking money out of your retirement account.
No, you will not go to jail for taking out a hardship withdrawal from your 401(k) and using it for something other than its intended purpose. However, the IRS has various ways to penalize you for doing so.
IRS Penalties for Misusing Hardship Withdrawals
1. Taxes: The IRS considers hardship withdrawals taxable income, meaning you’ll owe income tax on the withdrawn amount at your current tax rate. This could be significantly higher than the tax rate you would pay if you withdrew the funds in retirement.
2. Early Withdrawal Penalty: If you’re under 59½, you’ll typically face a 10% early withdrawal penalty on top of the income tax. This penalty applies unless you meet specific exceptions, such as using the funds for qualified medical expenses or certain military service situations.
3. Additional Penalties: Depending on the circumstances, you may face additional penalties. For instance, if you intentionally misrepresent your financial situation to qualify for a hardship withdrawal, you could be subject to criminal charges.
IRS Rules for Hardship Withdrawals
The IRS has very strict rules that apply to hardship distributions. One of the rules is that once you take out a hardship withdrawal, there’s no way to return it. This means you’ll lose the tax benefits associated with your 401(k) contributions and miss out on potential investment growth.
Alternatives to Hardship Withdrawals
Before resorting to a hardship withdrawal, consider these alternatives:
- Negotiate with creditors: See if you can work out a payment plan with your creditors to avoid the need for a withdrawal.
- Borrow from your 401(k): If your plan allows it, you can borrow up to 50% of your vested balance or $50,000, whichever is less. You’ll need to repay the loan with interest, but it could be a better option than taking a hardship withdrawal.
- Sell other assets: Consider selling non-retirement assets, such as stocks or bonds, to raise the necessary funds.
- Seek financial assistance: Explore options like government assistance programs, loans from family or friends, or crowdfunding platforms.
While you won’t face jail time for misusing a hardship withdrawal, the financial consequences can be significant. Carefully consider your options and explore alternatives before taking out a hardship withdrawal from your 401(k).
What reasons can you withdraw from your 401(k) early?
You might be able to withdraw money from your 401(k) in some circumstances without having to pay the 2010 early distribution tax penalty.
What is the 401(k) early withdrawal penalty?
If you take money out of your 401(k) before you’re eligible to receive your C2%BD, the IRS typically assesses a 2010 tax as an early distribution penalty. That could entail giving the government $1,000 or, in 2010, a $10,000 withdrawal, in addition to paying regular income tax on that amount of money. From your initial $10,000 take-home amount, your immediate take-home could be $7,000 after taxes and penalties.
401k Hardship Withdrawals [What You Need To Know]
FAQ
Can you get in trouble for hardship withdrawal from 401k?
What penalty do you get for withdrawing from 401k?
What happens if you lie for a hardship withdrawal?
Do you have to show proof of hardship for 401k withdrawal?
Can I withdraw money from my 401(k) with no penalty?
So make sure all your ducks are in a row if you are permitted a 401 (k) hardship withdrawal. The IRS specifies that you can only withdraw funds from your 401 (k) with no penalty for the qualifying reasons: To repair a principal residence in the event of losses from floods, fires, or earthquakes
Can a 401(k) be withdrawn?
Just because you can technically pull from your 401 (k) doesn’t mean you should. 401 (k)s are retirement savings accounts, designed for long-term growth, and usually aren’t meant to be touched until you’re at least 59 1/2. Who is eligible for a 401 (k) hardship withdrawal?
What is a 401(k) hardship withdrawal?
A 401 (k) hardship withdrawal is a penalty-free way to withdraw funds from your 401 (k) retirement savings account in the event of “immediate and heavy financial need,” as stated by the IRS. Unlike a personal loan or 401 (k) loan, you won’t need to repay the funds.
How do I make a penalty-free withdrawal from a 401(k)?
To make penalty-free withdrawals from retirement accounts, account holders must first reach 59 ½. There may be exceptions, depending on the type of 401 (k) or retirement plan that you have.