ANSWERS: 2
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You should be receiving regular statements from the institution that actually has the 401K. There should be some sort of contact information on the statement. Contact them and explain what you want. If they can't help you, they should be able to refer you to someone who can.
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If your company is no longer in business, then you may not have the option to make a loan from your 401(k) because the only way to pay the loan is through payroll deductions. Under the law, certain 401(k) plans cannot be contributed to if the employer goes out of business---you need to check your plan specifications, and contact the plan custodian for more information. Chances are, you will not be able to withdrawal the money, however since the company is out of business, you may be able to go to a private brokerage company, set up an IRA account and then roll the money from the 401(k) into the IRA without any tax penalty. Once the money has seasoned in the account for some time--say a month, you can withdrawal the amount you need from your IRA. Your cost of this will be at tax time 10% tax payable on the money withdrawn. So, lets say you have 50,000 in your 401 (k). Set up a rollover account at a brokerage firm, say Smith Barney ( SSB). The money will go from your 401K into your rollover IRA account. There is no penalty for rolling the money. Once the money is in your IRA, let it wait, then withdrawal what you need. (Lets say you need $5,000). You would take the $5000 out of your IRA. You don't need to pay it back. What would happen would be two things 1) When you fill out your taxes, you income for the year would increase by $5,000 and you'd pay taxes on that increased amount. ( So if your gross income was 40,000, it'd be 45,000) 2) You pay in addition to income tax, a penalty of 10% of 5,000 or $500. Assuming that you only take the standard deductions and you're married with no children your tax situation would look like this 40,000: no taxable distribution from IRA. Adjusted income: 23,600, (40,000-16,400) Income tax would be @2836 40K taxable distribution from IRA of 5000: Adj income 28,600 (45,000-16,400) Income tax would be @3566 plus 10% penalty = 4066 Depending on how much you had deducted, you may owe a little or alot However, in the scenario where you take out the 5000, the additional tax for the 5k and penalty amount to only 1220 dollars. So essentually you'd get to use 5,000 dor the cost of 1220 dollars. If you were to take the loan out of the 401K, you would have to pay it back within 5 years, plus interest---the annual payment would be about 1500 dollars, so in reality, rolling the money into an IRA and making a distribution would obly cost you $1,220 dollars as opposed to $1500, plus returning the 5000 you borrowed. I have an e-mail address on my profile if you want a clarification on this
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