Welcome! | Ask A Question

 
 
 
 
Question

Asked 8/30/2007

loans agains 401k and disability?

I have 2 loans against my 401k for about $3,000. However, I haven't paid on them in awhile. This is because I have been out of work since December and am currently collecting disability thru my employer. I have now received a letter stating if I don't pay over $700 towards the loans it will be considered distributed and a taxable event. Is there any way to either forbear this or totally distribute my 401k? The reason I ask is that this damn thing is keeping me from getting any financial assistance while I am out of work and without medical insurance. I would love any ideas ya'll may have out there. BTW, I cant make the payment...disability barely pays the bills.

 
 
 
 
 
 
Answers

Answer 1/1 - Submitted 8/30/2007

Missed payments on a 401(k) loan lead to classifying the loan as a taxable distribution. Beyond making the payment, there is no way around that. If the money is classifed as a taxable distribution, there will be penalties in addition to taxes involved.

However - there is something known as a "hardship distribution" and it sounds like you may qualify for that. If so, you could take the distribution, paying off the loan in the process. A hardship distribution IS a taxable distribution, but is excused from penalties if deemed qualified. You would want your hardship distribution "grossed up" for taxes (with appropriate amounts for state and federal withheld) so that you wouldn't get hammered when taxes are due.

To qualify for this little gem, there are guidelines set forth - the money must be for:
1) Purchase of primary residence, or
2) To prevent eviction from your residence, or
3) Post-secondary tuition for you or your dependents, or
4) Medical bills for you or your dependents, or
5) Other expenses deemed acceptable by the IRS.

Make lemonade from this lemon by getting the distibution classed as a hardship. Good luck.

 
 
 
 

Related Questions (Ask a New Question)

 
I am leaving one company with 401 and loans can i roll them into the new company 401k and continue to pay the loans

I have a 401k with my company valued approx 100,000.00 loans on 401k valued at 30,000. i am leaving to work for another company . can i roll over the 401k and loans and continue to pay them via payroll deduction with the new company or do i need to pay the loans off or take the early disbursement of...

See Answers

 
Cashing in 401k with loans due.

Will my company pay any outstanding loans that i have from my 401k if i quit my job and want to cash in on my money.

See Answers

 
I have two loans through my 401k at work that total about $6500.00.

I have two loans through my 401k at work that total about $6500.00. i'm retiring the first day of the coming month. do i have to pay these loans back through my current employer since the money was mine to start with. the interest is tacked on at the beginning of the loan process. i don't...

See Answers

 
Related Questions

I am leaving one company with 401 and loans can i roll them into the new company 401k and continue to pay the loans


I have a 401k with my company valued approx 100,000.00 loans on 401k valued at 30,000. i am...

 

Cashing in 401k with loans due.


Will my company pay any outstanding loans that i have from my 401k if i quit my job and want...

 

I have two loans through my 401k at work that total about $6500.00.


I have two loans through my 401k at work that total about $6500.00. i'm retiring the...

 

Looking to leave my job and take my 401k out.


I have $35k in 401k loans & a balance of $75k. if i take out the balance to repay the loans...

 

401 k loans


From 1976 through 1987 in was enrolled in an esp(employee savings plan) to which i contributed...

 

Paying off loan by rolling over to 401k to ira


The sale of my company will be going through very soon. i already have a $2000 loan on my...

 
 

See more 401k questions

 
 
 
 
 

Ask A Question

Ask a new question about
401k: