Pammie57 Posted December 1, 2020 Posted December 1, 2020 I have a client whose home was destroyed in March by tornado. With the cost of lumber going up so much - they need to take a distribution from their 401k to pay the additional expense to rebuild that insurance did not cover. Could that be a reason for a hardship withdrawal or just an inservice with 20% withholding? Rebuilding on the same lot. Thanks!
C. B. Zeller Posted December 2, 2020 Posted December 2, 2020 The rule is that it has to be for repair of damage to the participant's principal residence due to a casualty loss that would be deductible under sec. 165, but without regard to whether it was located within a federally declared disaster area. The situation you described sounds to me like it would qualify but I am not an expert on section 165. Pammie57 1 Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co
RatherBeGolfing Posted December 2, 2020 Posted December 2, 2020 9 hours ago, C. B. Zeller said: The rule is that it has to be for repair of damage to the participant's principal residence due to a casualty loss that would be deductible under sec. 165, but without regard to whether it was located within a federally declared disaster area. You also disregard the sec 165 requirement that only losses in excess of 10% AGI are deductible
Gilmore Posted December 2, 2020 Posted December 2, 2020 I wonder if it's also possible the area was declared a disaster area by FEMA under the new safe harbor option. Also, coronavirus-related distributions are still available until 12/30 if the plan allows and the participant qualifies.
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