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June 1, 2019
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What happens if I took money from my 401k for a home purchase and the purchase fell through

  • June 1, 2019
  • 4 replies
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I made a hardship withdrawal of $7000 from my 401K and I had my employer take the taxes as well.  I made an offer on a home and I think I was premature on my withdrawal because the purchase fell through and now I have this money sitting in my account and I don't want to be severely penalized for not using it.  The housing market hasn't been very good, so I don't expect to find anything within 120 days. What can I do?

    Best answer by dmertz
    Hardship withdrawals are not eligible for rollover; the money cannot be put back into any retirement account as a rollover contribution.  A hardship distribution is subject to tax and is subject to an early-distribution penalty unless a penalty exception applies:

    https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-tax-on-early-distri...

    Even if you had purchased a home with the money, you would still have been subject to the same tax and penalty.

    4 replies

    June 1, 2019
    Put it back into an IRA
    June 1, 2019
    This is not correct. See answer below.
    dmertzAnswer
    June 1, 2019
    Hardship withdrawals are not eligible for rollover; the money cannot be put back into any retirement account as a rollover contribution.  A hardship distribution is subject to tax and is subject to an early-distribution penalty unless a penalty exception applies:

    https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-tax-on-early-distri...

    Even if you had purchased a home with the money, you would still have been subject to the same tax and penalty.
    June 1, 2019
    If not eligible for rollover, could the tax payer open a NEW IRA and make a tax deductible contribution up the the $5500 limit, and therefore somewhat offset the tax on the distribution?
    DoninGA
    June 1, 2019

    First, a withdrawal from a 401k account cannot be used for a home purchase to be exempt from the 10% early withdrawal penalty.  That is only available if the funds were withdrawn from an IRA and then only the first $10,000 is exempt from the penalty.  See this IRS Tax Topic on non-IRA withdrawals and the penalty - https://www.irs.gov/taxtopics/tc558.html

    Second, the withdrawal is a taxable event and is included on your tax return as ordinary income taxed at your current tax rate.  Additionally, if you were under the age of 59 1/2 or if you have separated from the service of the employer and under the age of 55 at the time of the withdrawal then a 10% early withdrawal penalty will be assessed on your federal tax return as a tax liability.  Any taxes withheld on the withdrawal will be entered on your tax return as a tax payment (just like from a W-2)

    June 1, 2019
    Can it be rolled over to an IRA within 60 days?