Free Site Registration


IRS Lets Retirement Plans Lend to Hurricane Sandy Victims

Print
Email
Reprints
Washington, D.C. (November 16, 2012)

By Michael Cohn

The Internal Revenue Service is allowing 401(k) and similar employer-sponsored retirement plans to make loans and hardship distributions to victims of Hurricane Sandy and members of their families, as part of the Obama administration’s efforts to bring all available resources to bear to support state and local partners affected by Hurricane Sandy.

The IRS said Friday that 401(k) plan participants, employees of public schools and tax-exempt organizations with 403(b) tax-sheltered annuities, and state and local government employees with 457(b) deferred-compensation plans may be eligible to take advantage of these streamlined loan procedures and liberalized hardship distribution rules. While IRA participants are barred from taking out loans, they may be eligible to receive distributions under liberalized procedures.

Retirement plans can provide this relief to employees and certain members of their families who live or work in the disaster area. To qualify for this relief, hardship withdrawals must be made by Feb. 1, 2013.

The IRS said it is also relaxing procedural and administrative rules that normally apply to retirement plan loans and hardship distributions. As a result, eligible retirement plan participants will be able to access their money more quickly with a minimum of red tape. In addition, the six-month ban on 401(k) and 403(b) contributions that normally affects employees who take hardship distributions will not apply.

This broad-based relief means that a retirement plan can allow a Sandy victim to take a hardship distribution or borrow up to the specified statutory limits from the victim’s retirement plan. It also means that a person who lives outside the disaster area can take out a retirement plan loan or hardship distribution and use it to assist a son, daughter, parent, grandparent or other dependent who lived or worked in the disaster area.

Plans will be allowed to make loans or hardship distributions before the plan is formally amended to provide for such features. In addition, the plan can ignore the limits that normally apply to hardship distributions, thus allowing them, for example, to be used for food and shelter. If a plan requires certain documentation before a distribution is made, the plan can relax this requirement as described in the Announcement.

Ordinarily, retirement plan loan proceeds are tax-free if they are repaid over a period of five years or less.  Under current law, hardship distributions are generally taxable. Also,  a 10 percent early-withdrawal tax usually applies.

Further details are available in Announcement 2012-44, posted Friday on IRS.gov.

3 Comments

No waiting for the Obama administration will help to address complex national problems. Easier to activate that on the surface. These funds are already bankrupt. Interest-holders simply withdraw their money before its too late.

Posted by: nadezdamindyuk | November 20, 2012 10:52 AM

Report this Comment


No waiting for the Obama administration will help to address complex national problems. Easier to activate that on the surface. These funds are already bankrupt. Interest-holders simply withdraw their money before its too late.

Posted by: nadezdamindyuk | November 20, 2012 10:52 AM

Report this Comment


This seems to be a move towards Government Agencies being allowed to operate outside the law and/or the intent of the law. If they can do this as a favor to the victims of Sandy, they can go the other way and make interpretations of the law that was never intended. This seems like a slippery slope to me.

Posted by: Jerry S | November 20, 2012 10:01 AM

Report this Comment

Add Your Comments...

Already Registered?

If you have already registered to Accounting Today, please use the form below to login. When completed you will immeditely be directed to post a comment.

 

Follow Accounting Today
Advertisement
Advertisement

Jason Marx on the Challenges and Opportunities Facing Accountants

June 17, 2013

CCH Small Firm Services president Jason Marx talks about the challenges confronting small accounting firms, including regulatory and tax compliance, technology adoption, and do-it-yourself software.

Jennifer Warawa on the 'On-Demand' Accountant

June 14, 2013

Jennifer Warawa, VP of partner programs and channel sales at Sage, discusses how accountants need to communicate more frequently with clients so they become more of an "on-demand" resource.

George Farrah on the Challenges and Opportunities Facing Accountants

June 14, 2013

Bloomberg BNA executive editor of tax and accounting George Farrah discusses how accountants today are dealing with the economy, technology, globalization and practice management.

Amit Jain on Three Key Trends in Accounting

June 13, 2013

Amit Jain of ADP Small Business Services discusses how the accounting firm of tomorrow will be different from accounting firms today.

Advertisement

SLIDE SHOW

What’s in the Lease Accounting Exposure Draft?

June 18, 2013

A quick guide to FASB’s proposed standards from Bloomberg BNA.

20 Trends to Watch

June 16, 2013

New areas of change that accountants should be on the lookout for.

Protecting Clients from Tax-Related Identity Theft

May 31, 2013

Tax-related identity theft is a continuing problem, and a trustworthy tax preparer is an important part of the solution.

10 Simple Revenue Boosters to Start Now

May 28, 2013

Are your prospects choosing another accounting firm just because of price? There are ways to boost your image to earn a premium fee and leave low-price competitors behind.

Tax Season by the Numbers

May 22, 2013

The IRS recently released statistics covering the year to May 10, 2013.

Advertisement
Advertisement
Advertisement