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January 29, 2025
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If my son withdrew his 401k because the company closed down. He still had rent, car, other living expenses. Is this qualified without penalty? He did paid taxes on it.

  • January 29, 2025
  • 2 replies
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    Best answer by Opus 17

    If the 401k closed down, he had the option of rolling over his retirement funds into an IRA so they could continue to grow tax-free.  If he kept the money, that's taxable plus a penalty.  Simple unemployment is not an exception to the 10% penalty.

    https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-on-early-distributions

     

    Any tax that was withheld is only an estimate.  He must report the full amount of the withdrawal on his return from the 1099-R the plan will send, and he will get credit for the withholding.  His overall income, deductions and credits will be used to calculate his tax owed, plus penalties, and he will either owe or get a refund depending on if his withholding is more or less than what he owes. 

    2 replies

    January 29, 2025

    If he is 55 or over, there is an exception (no early withdrawal penalty) for separation of service after age 55.

     

    If he is younger then there is only the withdrawal for personal emergency up to $1,000 once a year.

     

    Please read this TurboTax Help article for more information.

     

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    Opus 17Answer
    Employee
    January 29, 2025

    If the 401k closed down, he had the option of rolling over his retirement funds into an IRA so they could continue to grow tax-free.  If he kept the money, that's taxable plus a penalty.  Simple unemployment is not an exception to the 10% penalty.

    https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-on-early-distributions

     

    Any tax that was withheld is only an estimate.  He must report the full amount of the withdrawal on his return from the 1099-R the plan will send, and he will get credit for the withholding.  His overall income, deductions and credits will be used to calculate his tax owed, plus penalties, and he will either owe or get a refund depending on if his withholding is more or less than what he owes.