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Remove the six-month ban on 401k contributions after a hardship withdrawal: The IRS will change its regulation to allow employees who receive hardship distributions from a retirement plan to continue contributing to the plan. The new regulations will apply to plan years beginning after December 31, 2018.

Include QNEC, QMAC, and profit-sharing contributions in a hardship retreat: The rules regarding hardship withdrawals from 401k plans are changed to allow employers to extend hardship distributions to disallowed amounts. It would also eliminate the requirement to take out a loan before making a hardship withdrawal. The regulation applies to plan years beginning after December 31, 2018.

IRS Authority to Release a Lien on Property Held in Retirement Plans: The new law allows a person to return the contribution to an IRA or employer-sponsored plan an amount withdrawn (and any interest on it) pursuant to a garnishment and then returned to the person by the IRS. Contributions are allowed without regard to the limits normally applicable to IRA contributions and reinvestments. The regulation is effective for fiscal years beginning after December 31, 2017.

Relief from the 10% early withdrawal penalty for the participant’s use of retirement funds for the California wildfire disaster Generally, the new law provides 10% early withdrawal penalty relief for qualified distributions of up to $ 100,000 made between October 8, 2017 and January 8, 2017. 1, 2019. A participant whose place of Primary residence was in a California wildfire disaster area and you suffered an economic loss due to wildfire can make a retreat.

Distributions can be included in income on a pro rata basis for a three-year period beginning with the year of distribution, unless the individual elects that pro rata inclusion does not apply. Instead, amounts that are returned to the plan within the three-year period would be treated as a rollover and not included in income. The new law also:

  • allows people to return funds to retirement plans if the funds were distributed in anticipation of the purchase of a home in a wildfire disaster area that was canceled due to the wildfires; Y

  • Increase the limit and extend the repayment term of retirement plan loans.

Relief for loan repayment in case of plan or participant cancellation

For a participant loan offset that would otherwise be taxed as a distribution, a participant whose employment ends (or the plan ends) with an outstanding loan will have until the due date, including extensions, to file their income tax return. year to contribute the compensation amount to an Individual Retirement Account or other eligible retirement plan to avoid the loan compensation being taxed as a distribution.

This tax-free reinvestment treatment NOT apply to any compensation amount under a loan that has already been deemed taxed as a distribution under the Code (and reported on Form 1099-R), either because its terms did not comply with the Code or because it remained in default longer beyond the plan term. default healing period. This opportunity is available for compensation after 2017.

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