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If you participate in your companys 401(k) plan, the
value of your account balance may well be your most significant
financial asset. And if you happen to be facing, or anticipate
facing, major financial obligations, you should be aware of
the possible ways you can tap this source of funds while youre
still working and a plan participant.
Generally, distributions from a 401(k) plan while youre
still employed and before you reach age 591/2 are not permitted.
However, if you have an unusual financial obligation and an
immediate need for cash, you may be entitled to a distribution
from the plan. If your plan provides for hardship distributions,
and you can show that you have an immediate and heavy financial
need, then you may be entitled to a distribution of funds
necessary to meet your obligation. There are regulations which
spell out what is an immediate and heavy financial need. Included
in this category would be funeral expenses for a family member,
for example. On the other hand, a distribution for the purchase
of a boat or a television wouldnt be a distribution
on account of an immediate and heavy financial need.
Theres a limit on the amount you can take out of your
401(k) plan due to hardship. Hardship withdrawals are limited
to amounts attributable to elective contributions to the plan.
These are the amounts that you have elected to have your employer
contribute on your behalf into the 401(k) plan, and any earnings
on these amounts. You should be aware that hardship withdrawals
are taxable distributions, and if youre under age 591/2,
you may be subject to a 10% addition to tax on premature distributions.
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Special rules apply to the withdrawal of any after-tax,
or voluntary contributions, you may have made to your plan.
These amounts can be withdrawn while youre still working.
However, these distributions will be taxed under a formula
that excludes from income a pro-rata portion calculated with
reference to your after-tax contributions as they relate to
the total value of your account.
Another way to get cash from your 401(k) plan is through
a plan loan. A plan loan is ordinarily a taxable distribution,
but if your plan provides for loans and certain conditions
are met, you could receive the funds tax-free. There is a
five-year repayment requirement, interest on the loan will
ordinarily be nondeductible, and the amount of a plan loan
is limited to 50% of the value of your nonforfeitable accrued
benefit-generally your vested benefit-with a limit of $50,000.
The five-year repayment requirement doesnt apply if
the loan is for the purchase of a residence. Unlike a taxable
hardship distribution, a plan loan doesnt require that
you establish an immediate and heavy financial need. Your
ability to borrow from your 401(k) plan depends on requirements
under the terms of the plan.
Another point to keep in mind is that a plan loan-unlike
a hardship distribution- doesnt reduce the value of
your 401(k) assets. Your account remains fully vested, subject,
of course, to your obligation to repay the loan.
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