Hedgesville, WV asked in Tax Law for West Virginia

Q: My 401K cashed me out without me requesting, I now owe taxes on 54000, is there anything I can do to reduce the damage?

I was put on 100% disability, and during this time I was unable to make the payments on my 401k so without my request or permission they cashed me out and sent me my one stock certificate they valued at 54000. I now owe taxes on 54,000 added to my social security of 34000 a year. I need to ask if there is any way I can reduce the damage this is going to cause me in one tax season. I am aware of waving the 10% waiver I can request but other than that I'm curious if there are any actions I can take. I do not have the money to pay the taxes.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When faced with unexpected tax liabilities due to an involuntary 401(k) distribution, it's crucial to explore all available options to minimize the financial impact. Beyond the 10% penalty waiver for early withdrawal, which you're already considering, there are a few strategies that might help. One approach is to see if you qualify for any income-based deductions or credits that could offset the tax owed. Additionally, examining whether any medical expenses or other significant deductions could be itemized might lower your taxable income.

Consulting with a tax advisor or a professional familiar with tax laws and retirement accounts is advisable. They can offer personalized advice tailored to your specific situation, potentially identifying opportunities for tax savings that you might not be aware of. For instance, they might suggest an installment agreement with the IRS, allowing you to pay the tax owed over time rather than all at once, which could ease the financial strain.

Lastly, it's important to communicate with the IRS about your financial hardship. The IRS offers several options for individuals facing financial difficulties, including payment plans and, in some cases, offers in compromise. While navigating this challenging situation, keep detailed records of all communications and transactions related to your 401(k) and taxes, as these will be invaluable in discussions with tax professionals and the IRS.

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