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Asked 1/25/2012

I borrowed $ from my 401k. Now i have been diagnosed with stage 4 cancer.

When I borrowed the money I had no problem making the payments because i work a lot of overtime. Now that Chemotherapy has started my medical bills have increased and I'm no longer able to work the extra hours. Is there any way to not pay back loan? What would the penalty be? What would happen to the loan if I had to go on disability? The payments are automatically deducted from my pay check. I am only 55 1/2 yrs old. Is there any way to get around early withdrawal penalties?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 1/26/2012

If you cannot make the payments, the loan goes into default. Then it becomes a distribution from your 401(k), subject to income tax and penalty.

If you have medical expenses that exceed 7.5% of your income, then you can use this excess to offset the penalty (but not necessarily the income tax). You do not even have to itemize for this, but you need to keep your documentation because the IRS is likely to ask. For example (using made-up numbers) if your income is $30,000 for the year and the balance on your defaulted 401(k) loan was $12,000, and you had medical expenses (include your mileage to treatments!) of $6,000. Your total income would be $42,000, 7.5% of which is $3,150. The excess medical would be $2,850. The penalty on your 401(k) would have been $1,200. Using Form 5329 and your excess medical, you reduce the penalty to $915. This, again, doesn't matter if you itemize or not. But if you do have other things like mortgage interest, high state income taxes, or charitable contributions, the excess medical expense might also help decrease your income taxes.

Hope that wasn't too confusing ...

 
 
 
 
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