betheeg Posted December 20, 2002 Posted December 20, 2002 if a plan participant is over age 59 1/2 and is taking an in-service withdrawal from a 401(k) plan of her elective deferrals, what is the mandatory fed tax withholding? 20%? any way around this?
david rigby Posted December 20, 2002 Posted December 20, 2002 Amounts which are eligible to be rolled over to an IRA (or plan of another employer), if paid in cash, are automatically subject to 20% withholding at the federal level. State laws vary, and some do require withholding. The "way around this" is to actually do the rollover, rather than take it in cash. See IRS Publication 575 page 8. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Appleby Posted December 23, 2002 Posted December 23, 2002 If the in-service is taken as a hardship distribution, it is not rollover eligible and therefore not subjected to the 20% w/h rules Life and Death Planning for Retirement Benefits by Natalie B. Choatehttps://www.ataxplan.com/life-and-death-planning-for-retirement-benefits/ www.DeniseAppleby.com
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