Plan sponsors have the option of permitting distributions for an “unforeseeable emergency” (i.e., it is not required that plan sponsors permit withdrawals for an “unforeseeable emergency”). The distribution cannot exceed the amount needed to cover the unexpected financial emergency.
Documentation is required for an unforeseeable emergency distribution. Employees who take an unforeseeable emergency distribution cannot repay it to the plan.
Unforeseeable emergency withdrawals are subject to federal (and possibly state) income taxes.
Approving an unforeseeable emergency withdrawal without adequate documentation can cause compliance issues for a plan. Our services include the review and approval of unforeseeable emergency withdrawals to ensure they meet IRS requirements.
Please be advised that this web content is not intended as legal or tax advice. Accordingly, any tax information provided in this web content is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer. The tax information was written to support the promotion or marketing of the transactions(s) or matter(s) addressed, and you should seek advice based on your particular circumstances from an independent tax advisor.