Can I use my 401(k) as an ATM? New rules allow emergency withdrawals. (2024)

Need $1,000 to cover an unexpected expense? Starting this year, you may be able to withdraw the money from your 401(k) with relative ease.

New rules make it easier to tap your retirement account for emergency funds. In 2024, you can cash out as much as $1,000 from a traditional 401(k) or IRA to cover an urgent need. And here’s a big change: You get to define what counts as an emergency.

More Americans are raiding retirement accounts for emergency cash. The share of savers making hardship withdrawals from retirement plans has doubled in three years, from 1.7% in 2020 to 3.6% in 2023, according to a Vanguard analysis of its plans.

Traditional tax-sheltered retirement accounts are designed to reward those who save for retirement and penalize those who withdraw the money early. You generally contribute pretax dollars to the account and pay the tax when you take the money out.

Early withdrawal, typically before age 59 ½, triggers an additional tax equal to 10% of the sum. If you are paying a 15% tax rate and make an early withdrawal, you effectively lose 25% of the money before you spend a dime.

There have long been exceptions to that rule. They include higher education expenses, birth or adoption, a first-time home purchase, and the death or permanent disability of the account owner. In such cases, you can generally withdraw retirement funds and pay only ordinary income tax.

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Can I use my 401(k) as an ATM? New rules allow emergency withdrawals. (1)

New rules allow 'emergency' IRA withdrawals, you define the emergency

The rules changed this year, courtesy of the 2022 legislation known as Secure 2.0. Now, you can withdraw up to $1,000 to cover an emergency personal expense, a scenario defined as “meeting unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses.”

The new language is pretty broad, covering not just specific categories, but also “any other necessary emergency personal expenses.”

Consider the range of expenses that a reasonable person might deem an unforeseeable or immediate emergency: Car repairs. Delinquent utility bills. Urgent dental needs. A roof leak. A parking ticket. Putting dinner on the table.

Congress tailored the law to make such withdrawals simpler and faster, retirement experts say, on the theory that Americans should be able to tap their retirement accounts for an urgent need.

“The ability to draw money out of a 401(k) for any type of financial emergency, it can help make 401(k) plans a little bit more attractive,” said Jeff Clark, head of defined contribution research at Vanguard.

Can I use my 401(k) as an ATM? New rules allow emergency withdrawals. (2)

It's tempting to think of your 401(k) as an ATM

The downside: It’s tempting, under the new rules, to think of your 401(k) as a cash machine.

“Most people aren’t saving enough for retirement,” said Keith Singer, a certified financial planner in South Florida. “Helping them consume their retirement accounts early because of a hardship will only create a bigger hardship down the road when they don’t have enough retirement assets to support their lifestyle.”

Policymakers want to encourage Americans to save for retirement. Social Security covers only some of the expenses retirees face. Pensions are in decline. The more money we sock away in retirement accounts, the theory goes, the more we will thrive in retirement, and the less we will strain government-funded social services.

Tax breaks are supposed to make retirement savings more attractive. Yet, only about half of American householdshave retirement accounts, according to the federal Survey of Consumer Finances. Savings rates are particularly low among low-income households. Many cash-strapped Americans don’t feel they can afford to save, for retirement or anything else.

Therein lies the appeal of the emergency withdrawal. In theory, it should be easier to convince lower-income Americans to open retirement accounts if they know they can reclaim the funds in a pinch.

“There are many households that don’t have liquid savings. There are many households that don’t have emergency funds. For many households, the 401(k) is their only savings,” saidCaleb Silver, editor-in-chief of Investopedia.

One solution to that problem is the Roth IRA. In a traditional retirement account, you pay taxes when you withdraw the money. With a Roth, you pay taxes upfront. You can generally withdraw the funds without taxes or penalties, as long as you had them invested for five years.

The Roth is a good option for anyone concerned about cash flow, economists say, because the money is there if you urgently need it. State governments favor the Roth in their auto-IRA initiatives, which automatically enroll workers whose employers don’t have retirement plans.

Under the new emergency-withdrawal rules, a conventional retirement account behaves a bit more like a Roth: Some of the money, at least, sits within easy reach.

Am I too old to open a Roth IRA?Don't count yourself out just yet

Can I use my 401(k) as an ATM? New rules allow emergency withdrawals. (3)

What are the rules for emergency retirement fund withdrawals?

Here are the details:

◾ You can make one withdrawal per year.

◾ You can’t take out more than $1,000.

◾ You can’t make an emergency withdrawal that brings your account balance below $1,000.

◾ If you have a 401(k), your employer doesn’t have to allow emergency withdrawals. Not all do.

To justify the withdrawal to an employer, you need only certify in writing that your situation “satisfies the conditions” for an emergency.

After you make an emergency withdrawal, you aren’t allowed to make another one for three years, unless you either repay the money or make new contributions to cover the balance. If you repay the withdrawn funds, you can avoid paying income tax.

What's a hardship withdrawal?

Before this year, hardship withdrawals from 401(k) plans were allowed, and you could cash out more than $1,000, but the rules were comparatively strict.

To make a hardship withdrawal, under the older rules, you must demonstrate an “immediate and heavy financial need,” such as funeral expenses, damage to your home, or an imminent eviction. It’s generally up to an employer to determine whether the worker has an “immediate and heavy” need, and you can’t pay the money back.

However, hardship withdrawals cover a narrow range of categories.

"Let's say your car breaks down. You need to get your car to work. Now, that doesn't qualify for a hardship (withdrawal)," said Michael Shamrell, vice president of thought leadership at Fidelity Investments. "But that's an emergency."

Under the new rules, you can withdraw a limited sum from a retirement account for an emergency with less red tape and more flexibility. That does not, however, mean that an emergency withdrawal is always a good idea.

Any time you make an early withdrawal from a retirement account, “you’re reducing your balance, and you’re effectively minimizing your future returns,” Silver said. “You’re interrupting the compounding that happens inside a 401(k) or a 403(b) or an IRA, and compounding is really how you make your money over time,” as you earn interest on the rising balance of your account.

“You’re effectively robbing your future self,” Silver said.

Can I use my 401(k) as an ATM? New rules allow emergency withdrawals. (2024)

FAQs

Can I use my 401(k) as an ATM? New rules allow emergency withdrawals.? ›

The rules changed this year, courtesy of the 2022 legislation known as Secure 2.0. Now, you can withdraw up to $1,000 to cover an emergency personal expense, a scenario defined as “meeting unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses.”

Can I use my 401k for emergencies? ›

Under new IRS rules, Americans can now withdraw up to $1,000 from their 401(k)s without any penalties if the money is needed to cover a financial emergency. Acceptable reasons for a withdrawal include medical care, funeral expenses, auto repairs or "any other necessary emergency personal expenses."

What are the new hardship withdrawal rules? ›

The IRS states that in order to qualify for a 401(k) hardship withdrawal, you must have an "immediate and heavy financial need." Qualifying expenses for yourself, a spouse, or a dependent include the purchase or repair of a primary residence, money to prevent eviction/foreclosure, healthcare costs, 12 months' worth of ...

What are the new rules for 401k withdrawals? ›

However, as of 2024, a new provision allows individuals to make penalty-free annual withdrawals to cover personal emergency expenses. Specifically, you can withdraw up to $1,000 from your qualified plan (e.g., 401(k), 403(b), 457(b)) or IRA (including SEP, Simple IRA) once each calendar year without penalty.

What proof do you need for a hardship withdrawal? ›

What Proof Do You Need for a Hardship Withdrawal? You must provide adequate documentation as proof of your hardship withdrawal. 2 Depending on the circ*mstance, this can include invoices from a funeral home or university, insurance or hospital bills, bank statements, and escrow payments.

Is it illegal to take a hardship withdrawal from 401k? ›

Financial advisors typically counsel against raiding your retirement savings except as an absolute last resort. Though hardship withdrawals are legal, you might not be able to make one. That decision is still up to your employer or plan sponsor who may choose not to offer this option.

Can I take a 401k hardship withdrawal to pay off credit card debt? ›

In some cases, you might be able to withdraw funds from a 401(k) to pay off debt without incurring extra fees. This is true if you qualify as having an immediate and heavy financial need, and meet IRS criteria. In those circ*mstances, you could take a hardship withdrawal.

What is the difference between a hardship withdrawal and a 401k withdrawal? ›

401(k) loans are not to be confused with 401(k) hardship withdrawals. A hardship withdrawal isn't a loan and doesn't require you to pay back the amount you withdrew from your account. You'll pay income taxes when making a hardship withdrawal and potentially the 10% early withdrawal fee if you withdraw before age 59½.

What is proof of hardship? ›

Provide supporting documents along with your hardship letter to help prove the legitimacy of your claim. Depending on your situation, you might submit documents such as an unemployment notice, medical bills, military orders or a divorce decree.

Will I get audited for hardship withdrawal? ›

IRS doesn't audit individuals for 401(k) hardship withdrawals, AS LONG AS the employer sponsor of the plan and it's administrator (your employer and Fidelity) have approved it.. The entity that will be audited is the plan/sponsor/ administrator..

What are the new 401k hardship withdrawal rules for 2024? ›

New rules make it easier to tap your retirement account for emergency funds. In 2024, you can cash out as much as $1,000 from a traditional 401(k) or IRA to cover an urgent need. And here's a big change: You get to define what counts as an emergency. More Americans are raiding retirement accounts for emergency cash.

What is the 7 day rule 401k? ›

Employers must deposit employee contributions to the retirement plan's trust or individual accounts as soon as they can reasonably be segregated from the employer's general assets. The Department of Labor provides a 7-business-day safe harbor rule for employee contributions to plans with fewer than 100 participants.

What is considered a medical hardship for 401k withdrawal? ›

For example, some 401(k) plans may allow a hardship distribution to pay for your, your spouse's, your dependents' or your primary plan beneficiary's: medical expenses, funeral expenses, or. tuition and related educational expenses.

Can I take a hardship withdrawal without documentation? ›

You will not need to submit any documentation with your application to prove that you meet all of the qualifications to take a hardship withdrawal. As part of the application, you will certify that you meet all of the requirements to receive a hardship withdrawal.

What are the approved hardship withdrawals? ›

Hardship withdrawals can be made for “immediate and heavy” financial need, according to the Internal Revenue Service, to pay for things like medical bills, a down payment for a new home, college tuition, rent or mortgage to prevent eviction or foreclosure, funeral expenses and certain home repairs.

Can a 401k withdrawal be denied? ›

Note that there's always a chance your request will be denied. Some employers may require you to prove that you've exhausted all other options for funding. If your employer doesn't deem your hardship as immediate or necessary, your request can also be turned down, O'Shea says.

Under what conditions can you withdraw from 401k? ›

The IRS considers immediate and heavy financial need for hardship withdrawal: medical expenses, the prevention of foreclosure or eviction, tuition payments, funeral expenses, costs (excluding mortgage payments) related to purchase and repair of primary residence, and expenses and losses resulting from a federal ...

What is a qualified disaster for 401k withdrawal? ›

A qualified disaster recovery distribution is a distribution made to a qualified individual that comes from an eligible retirement plan on or after the first day of the incident period and before the date that is 180 days after the latest of the following three dates: Dec.

Can I use my 401k for anything? ›

It's up to the plan administrator to determine whether the employee has an immediate and heavy financial need. Large purchases and foreseeable or voluntary expenses generally don't qualify. For example, a hardship withdrawal might be an option good fit if you need money to pay your child's college tuition.

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