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IRS to allow access to retirement accounts for flood victims

Posted on 8/30/16 at 10:13 pm
Posted by tigerskin
Member since Nov 2004
40278 posts
Posted on 8/30/16 at 10:13 pm
If u have to

WASHINGTON - The Internal Revenue Service announced Tuesday that it will grant the regulatory waiver requested by Sen. Bill Cassidy that will allow those impacted by the flood early access to retirement funds without penalty.

LINK
This post was edited on 8/30/16 at 10:17 pm
Posted by jonboy
Member since Sep 2003
7138 posts
Posted on 8/30/16 at 10:14 pm to
Now we know why the SBA loans are being denied.
Posted by TJGator1215
FL/TN
Member since Sep 2011
14174 posts
Posted on 8/30/16 at 10:14 pm to
How nice of those thieving bastards.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21459 posts
Posted on 8/30/16 at 10:15 pm to
Sen. Bill Cassidy and Rep. Kenny Havard lobbied for this.

Of course, dipping in is a foolish move. This just removes the penalty for those that would have done it anyway out of necessity.

I ain't mad.
Posted by slackster
Houston
Member since Mar 2009
84896 posts
Posted on 8/30/16 at 10:17 pm to
Anyone considering the move should consult with a financial and tax advisor before they get stuck.

ETA: I just read the IRS ruling. The early penalty is NOT waived. The "relief" simply defers the verification process for hardship withdrawals from 401(k)s and other employer plans. This is quite literally the least they could possibly do.
This post was edited on 8/30/16 at 10:46 pm
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7548 posts
Posted on 8/30/16 at 10:18 pm to
I don't know that we should really pat Cassidy on the back for this. Should we celebrate the gov letting you get at your money just a little earlier?
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21459 posts
Posted on 8/30/16 at 10:19 pm to
quote:

Anyone considering the move should consult with a financial and tax advisor before they get stuck.


Just so people can read it one more time.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63030 posts
Posted on 8/30/16 at 10:24 pm to
It's good that this option is out there. I kind of think income tax is going up soon, so this would be a good time to hedge that bet, in addition to the normal benefits of using your own money over someone else's.
Posted by Wooly
Member since Feb 2012
13851 posts
Posted on 8/30/16 at 10:25 pm to
quote:


Anyone considering the move should consult with a financial and tax advisor before they get stuck.


holla
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 8/30/16 at 10:31 pm to
quote:

No penalty but still taxable.

that sucks... When I read the title I figured they was cutting them some slack on the taxs if they could prove it was all used towards rebuilding.... Oh well
Posted by BRgetthenet
Member since Oct 2011
117711 posts
Posted on 8/30/16 at 10:36 pm to
quote:

that sucks... When I read the title I figured they was cutting them some slack on the taxs if they could prove it was all used towards rebuilding.... Oh well


Posted by Thib-a-doe Tiger
Member since Nov 2012
35391 posts
Posted on 8/30/16 at 10:40 pm to
quote:

so this would be a good time to hedge that bet



Cash in investments for a house that will probably lose value because it's been flooded? Nah


quote:

normal benefits of using your own money over someone else's.



Borrowing money is as cheap as it has ever been
Posted by East Coast Band
Member since Nov 2010
62795 posts
Posted on 8/30/16 at 10:44 pm to
Americans typically don't save enough for retirement now.
Allowing some to tap into retirement funds penalty free is not always a great option.

But I certainly understand those in dire straits. It's a tough call.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63030 posts
Posted on 8/30/16 at 10:45 pm to
quote:

Cash in investments for a house that will probably lose value because it's been flooded?


No, not necessarily.
Posted by moffettduck
Mobile, Alabama
Member since Feb 2016
857 posts
Posted on 8/30/16 at 10:50 pm to
Well thats mighty white of em
Posted by slackster
Houston
Member since Mar 2009
84896 posts
Posted on 8/30/16 at 10:50 pm to
quote:

The Internal Revenue Service announced Tuesday that it will grant the regulatory waiver requested by Sen. Bill Cassidy that will allow those impacted by the flood early access to retirement funds without penalty.



The article is poorly written. The penalty will still apply for actual distributions. No exception is being made. They simply "cut the red tape" for the time being, but documentation supporting the hardship will still be required after Jan 2017.

ETA:
quote:

In addition, a retirement plan will not be treated as failing to follow procedural requirements for plan loans (in the case of retirement plans other than IRAs) or distributions (in the case of all retirement plans, including IRAs) imposed by the terms of the plan merely because those requirements are disregarded for any period beginning on or after August 11, 2016, and continuing through January 17, 2017, with respect to loans or distributions to individuals described in the first paragraph under “Relief”, above, provided the plan administrator (or financial institution in the case of distributions from IRAs) makes a good-faith diligent effort under the circumstances to comply with those requirements. However, as soon as practicable, the plan administrator (or financial institution in the case of IRAs) must make a reasonable attempt to assemble any forgone documentation. For example, if spousal consent is required for a plan loan or distribution and the plan terms require production of a death certificate if the employee claims his or her spouse is deceased, the plan will not be disqualified for failure to operate in accordance with its terms if it makes a loan or distribution to an individual described in the first paragraph under “Relief” in the absence of a death certificate if it is reasonable to believe, under the circumstances, that the spouse is deceased, the loan or distribution is made no later than January 17, 2017, and the plan administrator makes reasonable efforts to obtain the death certificate as soon as practicable. For purposes of this announcement, “retirement plan” has the same meaning as “eligible retirement plan” under § 402(c)(8)(B).

Taxpayers are reminded that in general the normal spousal consent rules continue to apply, and, except to the extent the distribution consists of already-taxed amounts, any distribution made pursuant to the relief provided in this announcement will be includible in gross income and generally subject to the 10-percent additional tax under § 72(t).
This post was edited on 8/30/16 at 10:55 pm
Posted by Spilled Milk
Member since Mar 2015
1075 posts
Posted on 8/30/16 at 11:15 pm to
So teachers in TRSL who live in one of the disaster declared parishes can pull out their contributions? Is there a limit?
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18911 posts
Posted on 8/30/16 at 11:16 pm to
quote:

10-percent additional tax under § 72(t).


How the frick did we end up with a system that is allowed to penalize us for using our own money?
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 8/30/16 at 11:35 pm to
quote:

How the frick did we end up with a system that is allowed to penalize us for using our own money?


It's your own money untaxed. You agreed to the system when you signed up for it. If you don't want it in that system, pay taxes on it and put it somewhere else.
Posted by slackster
Houston
Member since Mar 2009
84896 posts
Posted on 8/30/16 at 11:39 pm to
quote:

So teachers in TRSL who live in one of the disaster declared parishes can pull out their contributions? Is there a limit?




The way I understand it, it depends on the actual system/plan itself. This ruling just gives the plan less filing requirements if/when they allow a hardship withdrawal.

Also, keep in mind that the ruling does NOT remove the income tax burden or the potential 10% early withdrawal penalty on distributions that would normally be taxed and penalized.
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