Hardship distributions are included in gross income, unless they consist of designated Roth contributions. In addition, they may be subject to an additional tax on early distributions of elective contributions. Unlike loans, hardship distributions are not repaid to the plan. Therefore, a hardship distribution permanently reduces the employee's account balance under the plan.
Retirement plans may offer loans to participants, but the plan sponsor is not required to include lending provisions in their plan. 401 (k), 403 (b), and 457 (b) plans with profit sharing, buying money can offer loans. To determine if a plan offers loans, check with the plan sponsor or see the summary description of the plan. It can be a legitimate option if you can't pay all of your tax obligations or if doing so creates financial difficulties for you.
Because these plans for dealing with financial difficulties involve paying less than the full amount of taxes due, they are subject to a thorough financial review. A plan may apply the same conditions to hardship distributions of periodic and non-elective employer matching contributions as to hardship distributions from elective deferrals. An economic hardship distribution is a withdrawal from a participant's elective deferment account that is made because of an immediate and serious financial need, and is limited to the amount needed to meet that financial need. Generally, if you apply for a financial hardship plan from the IRS, you'll need to complete IRS Form 433-A or IRS Form 433-F.
If you have financial difficulties that prevent you from paying your tax debt, you may be eligible for an IRS financial hardship plan. Because it can be difficult to prove that you have financial difficulties, you should hire a specialized tax attorney to help you if you're considering an IRS financial hardship plan. Below, we'll discuss each of these IRS programs for people with financial difficulties, but these programs are usually only available if you can't pay all of your debt through an installment agreement (IRS payment plan). An unforeseeable emergency is a serious financial difficulty caused by illness or accident, the loss of property due to a fortuitous event, or other similar extraordinary and unforeseeable circumstances that arise as a result of events beyond the control of the participant or beneficiary. This can prevent an IRS tax, prevent an IRS wage garnishment, or prevent the filing of a federal tax lien.
If you're looking for an IRS plan to deal with financial difficulties, you shouldn't face the IRS without a specialized tax attorney. For a 401 (k) plan distribution to be made due to economic difficulties, it must be made taking into account an employee's immediate and significant financial need and the amount must be necessary to meet that financial need. Before deciding to borrow from your retirement account, you should consult with a financial planner, who will help you decide if this is the best option or if you would be better off getting a loan from a financial institution or other sources.
