< Back to IRS

Paolo Conti

Early 401K distribution check from terminated plan - former employer closed Transamerica account

My former employer is shutting down their 401K plan with Transamerica. I left the company about 16 years ago and apparently missed some notification about rolling over my account. I just got an email alert saying a distribution was being processed and freaked out thinking my account was hacked! I called Transamerica immediately but they said they can't stop the process now. The account has around $42K in it, and I was under the impression they couldn't just distribute funds like this if the balance was over $5K? The Transamerica rep explained they're taking 20% off the top for taxes and another 10% early withdrawal penalty since I'm only 51. They suggested I roll the check into my current 401K to avoid additional tax consequences. They also recommended I talk to a tax professional (which I'm planning to do) about possibly recovering these taxes and penalties. Is there any way to get back that 20% they're withholding plus avoid the 10% early withdrawal hit? I found some info saying I need to: 1. Act fast and open an IRA immediately - I have 60 days from receiving the check 2. Replace the 20% that was withheld when depositing into the new IRA Do I really have to come up with that extra 20% out of pocket? That's going to be around $8,400, which I technically have, but it's going to seriously hurt my finances. Is this my only option to avoid the penalties? I'm also confused about how taxation works when I eventually withdraw from the IRA - do I pay taxes again or not?

You're dealing with what's called a "forced distribution" from a terminating plan. Here's what you need to know: When you receive that check, you have exactly 60 days to complete what's called an "indirect rollover" to avoid permanent taxes and penalties. The clock starts the moment you receive the check, not when they sent it. Yes, you'll need to replace that 20% they withheld if you want to roll over the full amount. If you only roll over the 80% you received, the withheld 20% will be treated as a distribution subject to income tax AND the 10% early withdrawal penalty (since you're under 59½). The good news: when you file your tax return next year, you'll get back the 20% they withheld as part of your refund (assuming your withholding otherwise covers your tax liability). So you're essentially "loaning" the IRS that money until tax time. For next steps: Open an IRA immediately if you don't have one. Most brokerages can rush this process. When depositing, make sure they code it properly as a "rollover contribution" and deposit the FULL pre-withholding amount.

0 coins

Thanks for this info! Quick question - if I roll it over to my existing 401k with my current employer instead of an IRA, do the same rules apply? And what documentation do I need from Transamerica to prove this was a forced distribution?

0 coins

If you roll it over to your current employer's 401k, the same 60-day rule applies. You'll still need to make up the 20% withholding to avoid taxes and penalties on that portion. Check with your current plan administrator first to make sure they accept rollover contributions - not all do. As for documentation, Transamerica should send you a Form 1099-R early next year showing the distribution. The distribution code in Box 7 should indicate this was from a terminating plan. Keep all communications about the plan termination, as well as proof of your rollover. When you file taxes, you'll report the distribution and the rollover, effectively canceling each other out (except for any amount not rolled over).

0 coins

After going through almost the exact same situation last year with Fidelity, I highly recommend checking out taxr.ai (https://taxr.ai) which saved me so much headache with my forced 401k distribution. My old employer closed their plan after 12 years, and I got hit with that same 20% withholding problem. I was completely confused about how to handle this on my taxes and recover the withholding. The taxr.ai system analyzed my distribution paperwork and explained exactly how to properly report everything on my tax return to recover the withheld amount. They walked me through the exact forms and line numbers where everything needed to be reported, which was WAY more specific than what my tax guy initially told me. Their document analyzer caught that my distribution was coded incorrectly too, which would have caused me problems with the IRS. Definitely worth checking out before you file next year!

0 coins

How much does this taxr.ai thing cost? Is it just for tax documents or does it help with the actual rollover paperwork too? My husband is dealing with something similar with an old pension plan.

0 coins

I'm suspicious of these tax services that promise to find hidden money. Did it actually get you more back than just filing normally would have? My accountant charges $250 and always gets me the best refund possible.

0 coins

It's very reasonable compared to what a CPA would charge for this kind of specialized situation - honestly I was surprised. They don't handle the actual rollover paperwork, just the tax filing aspect of things. The value wasn't just getting money back that I was entitled to anyway, but avoiding mistakes that could have cost me thousands. My distribution was coded as a normal withdrawal rather than a plan termination, which their system caught. Without that correction, the IRS might have questioned my rollover and denied the penalty exception. My previous accountant missed these kinds of details.

0 coins

I was totally skeptical about taxr.ai when I first heard about it, but I'm eating my words now. After my last comment, I decided to try it with my own forced 401k distribution situation from last year. My regular accountant had told me I couldn't recover the full penalty amount, but that turned out to be wrong! The site's document analysis found that my distribution qualified for a special exception code that my accountant completely missed. I ended up filing an amended return and got back an additional $4,200 that I would have lost otherwise. The system even generated the exact amendment forms I needed and showed me precisely what to change. It saved me from a costly tax mistake that even my "professional" missed. Sometimes specialized tools really do know niche situations better!

0 coins

After dealing with a similar situation recently, I found that the most frustrating part was trying to actually reach a human at the IRS to confirm I was handling everything correctly. I spent HOURS on hold only to get disconnected, over and over. I finally tried Claimyr (https://claimyr.com) and it was a complete game-changer for getting through to the IRS. They have this system that basically waits on hold for you and calls when an actual IRS agent is on the line. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c Once I finally spoke with an IRS agent, they confirmed I could file Form 5329 with my tax return to request a waiver of the 10% penalty since this was a forced distribution from a terminated plan - information I couldn't find anywhere online! That saved me over $3,500 in unnecessary penalties.

0 coins

Wait, how does this Claimyr thing actually work? Doesn't the IRS have to call you back directly? I don't understand how a third party can hold your place in line.

0 coins

This sounds sketchy af. Why would I pay someone to call the IRS for me when I can just keep calling myself? And how do I know they're not recording my private tax info? No way I'm trusting some random service with my personal details.

0 coins

It's not a callback service - they actually have a technology that waits in the IRS phone queue for you. When a human IRS agent answers, the system bridges the call directly to your phone. You're speaking directly to the IRS, not through an intermediary. They don't collect or hear any of your personal information - they're just solving the "being on hold forever" problem. I was skeptical too, but I spent 3 days trying to reach someone at the IRS myself with no luck. With Claimyr, I was talking to an agent within 2 hours without having to wait by my phone all day.

0 coins

OK I need to publicly admit I was wrong about Claimyr. After posting my skeptical comment, I was still desperate to talk to the IRS about my own 401k rollover issue that happened last month. I'd already wasted 4+ hours on hold across multiple days. I reluctantly tried the service and holy crap - it actually worked exactly as advertised. I got a call back when a real IRS agent was on the line (took about 90 mins). The agent walked me through exactly how to document my rollover to avoid penalties and how to recover the withheld taxes on my return. What would've been a week-long frustration was solved in one afternoon. Never thought I'd be recommending an IRS call service but here we are. Sometimes it's worth paying for convenience when you're dealing with something as stressful as retirement fund issues.

0 coins

One thing nobody's mentioned yet - check if you're eligible for an exception to the 10% early withdrawal penalty based on one of the IRS hardship provisions. There are exceptions for first-time home purchases (up to $10k), certain medical expenses, higher education expenses, etc. If any of those apply to your situation, you might be able to avoid the penalty on at least a portion of the distribution, even if you don't roll over the full amount. You'd still pay income tax, but avoiding that 10% penalty could be significant.

0 coins

Thanks for bringing this up! None of those hardship exceptions apply to me right now - I'm not buying a house, don't have medical bills over the threshold, and no education expenses. I think I'll need to do the full rollover. Do you know if the IRS ever grants exceptions specifically for these forced distributions from terminated plans? It seems unfair to penalize people when they had no choice in the distribution.

0 coins

There is actually a specific exception for distributions from terminated plans, but you'll need to document it carefully. When you file your taxes, complete Form 5329 and enter exception code "07" which is for "distributions from a plan terminated by PBGC or plan administrator." You'll need to attach an explanation and any documentation from Transamerica showing this was a terminated plan distribution. However, this exception only applies if you properly roll over the funds within the 60-day window. The exception doesn't let you take the money - it just protects you from penalties if you follow the proper rollover procedures. So you'll still need to come up with that 20% they withheld to complete a full rollover.

0 coins

Double-check what your current 401k plan allows before assuming you can roll this money in! I had a similar forced distribution and my current employer's 401k didn't accept rollovers from terminated plans - only direct transfers from active plans. I ended up opening an IRA instead, which was actually better in the long run because I have way more investment options now. Plus, IRAs typically have lower fees than employer 401ks.

0 coins

That's a really good point. My workplace 401k charges like 1.2% in admin fees, but my Vanguard IRA is like 0.08% for the same basic index funds. Over decades that difference is HUGE for your retirement balance.

0 coins

I went through this exact situation 3 years ago when my old company terminated their plan with Principal Financial. The 60-day rollover deadline is absolutely critical - don't delay on this! One thing that caught me off guard: make sure you understand the difference between "direct" and "indirect" rollovers. What you're dealing with is an indirect rollover (they cut you a check), which has that 60-day deadline and the 20% withholding issue. If you had been able to do a direct rollover (trustee-to-trustee transfer), there would be no withholding and no tight deadline. Also, keep detailed records of EVERYTHING - the dates you received notices, when you got the check, when you deposited it into your new account. The IRS can be very strict about the 60-day rule, and while there are some exceptions for delays beyond your control, you don't want to rely on those. One more tip: when you open your IRA, ask the provider to expedite the account setup and clearly tell them this is for a rollover with a deadline. Most major brokerages (Fidelity, Vanguard, Schwab) can get you set up within 24-48 hours if you explain the urgency.

0 coins

This is incredibly helpful advice! I'm curious - when you went through this with Principal Financial, did you end up having to come up with the full 20% out of pocket for the rollover? And if so, how long did it take to get that money back when you filed your taxes? I'm trying to figure out if I should maybe liquidate some other investments to cover that 20% withholding or if there's another way to handle it.

0 coins

Yes, I had to come up with the full 20% out of pocket - there's really no way around it if you want to avoid the taxes and penalties on that portion. I ended up using money from my emergency fund, which wasn't ideal but was better than losing thousands in penalties. The good news is I got it back pretty quickly. I filed my taxes in February and received my refund (including that withheld amount) within about 3 weeks via direct deposit. The key is making sure your tax preparer or software correctly reports the rollover on your return - you'll show the full distribution amount AND the full rollover amount, which cancels each other out. If you're considering liquidating investments to cover the 20%, just make sure you account for any capital gains taxes on those sales. Sometimes it's better to use a personal loan or credit card temporarily if you're confident you'll get the refund quickly. Just don't miss that 60-day deadline!

0 coins

I'm dealing with a very similar situation right now - my former employer just terminated their plan with Vanguard and I'm getting that same forced distribution. One thing I learned that might help: if you're really strapped for cash to cover the 20% withholding, some IRA providers offer short-term rollover loans specifically for this situation. Schwab told me they can provide a temporary credit to your IRA account for the withheld amount, which you then pay back when you receive your tax refund. It's not widely advertised, but it's worth asking about if coming up with $8,400 upfront would create a real financial hardship. Also, I'd recommend calling Transamerica back to get the exact date your check will be mailed. The 60-day clock starts when you receive it, not when they process it, so knowing the timeline helps you plan better. And make sure they send it via certified mail or with tracking - you don't want any delays or lost mail issues with something this important. Good luck! The whole forced distribution thing feels really unfair, but at least there are ways to avoid getting completely screwed by it if you act quickly.

0 coins

Wow, I had no idea about rollover loans from IRA providers! That's exactly the kind of solution I was hoping existed. I'm definitely going to call around to Schwab, Fidelity, and Vanguard to see what they offer. Even if there's a small fee, it would be way better than scrambling to liquidate investments or drain my emergency fund. Thanks for the tip about getting the exact mailing date from Transamerica too. I called them yesterday but didn't think to ask about tracking. With something this time-sensitive, certified mail seems like a no-brainer. I'm already stressed enough about the whole situation without worrying about a lost check eating into my 60-day window. It really does feel unfair that we're being penalized for something completely outside our control. I never chose to take this distribution, but now I have to jump through all these hoops and potentially pay thousands in penalties just because my old employer decided to shut down their plan. At least knowing there are options helps!

0 coins

I'm going through almost the exact same situation with my old employer's terminated plan! Reading through all these responses has been incredibly helpful - especially learning about the rollover loans that some IRA providers offer. I had no idea that was even an option. One thing I wanted to add that I learned from my HR benefits consultant: if you're planning to roll this into a new IRA, consider whether you want a traditional or Roth IRA. Since this is pre-tax money from your 401k, rolling it into a traditional IRA maintains the tax-deferred status. But if you roll it into a Roth IRA, you'll owe income taxes on the entire amount (which might actually work in your favor if you're in a lower tax bracket this year than you expect to be in retirement). Also, once you do complete the rollover, make sure to keep all the paperwork in a safe place. You'll need it not just for this year's taxes, but potentially for years down the road if the IRS ever questions the transaction. I learned this the hard way when I had to reconstruct records for an old rollover during an audit. The 60-day deadline is definitely the most critical thing though. Don't let analysis paralysis slow you down - even if you're not sure about all the details, getting that money into ANY qualified retirement account within the deadline is better than missing it entirely and facing the full tax hit plus penalties.

0 coins

Great point about the traditional vs Roth IRA decision! I hadn't even considered that angle. Given that I'm 51 and probably in my peak earning years, keeping it in a traditional IRA to maintain the tax-deferred status probably makes more sense for me right now. But you're absolutely right that it's worth evaluating based on current vs expected future tax brackets. The documentation point is huge too - I'm definitely going to set up a dedicated folder for all this rollover paperwork. Between the Transamerica distribution forms, the new IRA account documents, and all the tax forms I'll need to file, there's going to be a lot to keep track of. I'm feeling much more confident about handling this situation after reading everyone's experiences. The 60-day deadline was really stressing me out, but knowing there are solutions like the rollover loans and that multiple people have successfully navigated this exact scenario is reassuring. Sometimes it just helps to know you're not the first person to deal with something like this!

0 coins

I went through this exact situation with Fidelity about two years ago when my former employer terminated their plan. The stress and confusion you're feeling is completely normal - nobody prepares you for dealing with forced distributions! A few practical tips from my experience: **Act immediately on the IRA setup** - Don't wait to see how much cash you can scrape together. Open the IRA account TODAY, even if you're not sure about the funding yet. Most major providers (Vanguard, Fidelity, Schwab) can get you set up within 24 hours if you explain the urgency. **Consider a temporary personal loan** if coming up with the 20% is going to create real hardship. The math usually works out better than paying penalties, especially since you'll get that money back at tax time. Some credit unions offer very low-rate personal loans for exactly these kinds of situations. **Double-check your math on the withholding** - Make sure you're calculating based on the gross distribution amount, not just the net check you'll receive. With $42K, the 20% withholding should be around $8,400 as you mentioned. **Get everything in writing from Transamerica** - Request documentation that clearly states this was a forced distribution from a terminated plan. You'll need this for your tax filing and potentially for years to come. The whole situation sucks, but you're catching it early and asking the right questions. You've got this! The temporary financial pinch is way better than losing thousands permanently to taxes and penalties.

0 coins

This is exactly the kind of step-by-step advice I needed to hear! I've been paralyzed by all the moving parts of this situation, but you're absolutely right that I need to act immediately on setting up the IRA account regardless of the funding logistics. I'm going to call Vanguard first thing tomorrow morning and get that account opened. The temporary personal loan idea makes a lot of sense too - I'd rather pay a few months of interest than lose thousands permanently in penalties. My credit union has been great with rates in the past. One quick question: when you got your documentation from Fidelity about it being a forced distribution, did they provide that automatically or did you have to specifically request certain forms? I want to make sure I ask Transamerica for the right paperwork when I call them back. Thanks for the reassurance that this stress is normal. It's such a relief to hear from people who've actually been through this process successfully. Sometimes the IRS rules and retirement account regulations feel like they're written in a foreign language!

0 coins

I had to specifically request the termination documentation from Fidelity - they don't automatically include it with the distribution paperwork. When you call Transamerica, ask specifically for: 1. A letter stating the plan is being terminated (not just closed to new participants) 2. Documentation showing your distribution was involuntary due to plan termination 3. Form 1099-R coding confirmation (should be code "4" for death, disability, separation from service, or similar) The key phrase to use is "involuntary distribution due to plan termination" - that exact language helps ensure you get the right documentation for tax purposes. Also, Vanguard was fantastic when I opened my rollover IRA. They have a dedicated rollover hotline and the representatives are specifically trained on these time-sensitive situations. They even sent me a rollover checklist via email to make sure I didn't miss anything. Definitely mention the 60-day deadline when you call! You're going to get through this just fine. The fact that you're being proactive and asking the right questions puts you way ahead of where most people are when this happens to them.

0 coins

I just went through this exact nightmare scenario with my terminated plan at John Hancock last month, so I completely feel your pain! The stress of suddenly having to deal with a forced distribution you never wanted is awful. Here's what I learned that might help you: Don't panic about the 60-day deadline, but definitely don't waste time either. The most important thing is getting that IRA account opened ASAP - even if you're still figuring out the funding situation. Regarding the 20% withholding - yes, you unfortunately do need to replace that full amount to avoid taxes and penalties on it. However, I discovered that some brokerages offer what they call "rollover completion loans" for exactly this situation. Schwab gave me a 90-day loan at a very low rate to cover the withholding amount, which I paid back when I got my tax refund. It was a game changer and saved me from having to liquidate investments or drain my emergency fund. One critical detail: when you deposit the check, make sure your IRA provider codes it correctly as a "60-day rollover contribution" rather than just a regular contribution. This distinction is crucial for your tax reporting. Also, get a certified letter from Transamerica stating this was an involuntary distribution due to plan termination. You'll need this documentation for Form 5329 when you file taxes to avoid the 10% early withdrawal penalty. The whole situation feels incredibly unfair, but there are definitely ways to navigate it without getting financially destroyed. You're asking all the right questions and caught this early, which puts you in a much better position than most people dealing with forced distributions.

0 coins

Ava Kim

This is incredibly helpful information, especially about the "rollover completion loans" from Schwab! I had no idea that was even an option, and it sounds like exactly what I need to avoid the financial strain of coming up with $8,400 upfront. I'm definitely going to call both Schwab and Vanguard tomorrow to compare their rollover loan options and account setup processes. The detail about making sure the deposit is coded as a "60-day rollover contribution" is huge - I can see how that kind of technical detail could cause major problems down the road if it gets messed up. Quick question about the certified letter from Transamerica - when you got yours from John Hancock, did it take long for them to provide it? I'm wondering if I should request that documentation immediately or if it's something I can get closer to tax time. With the 60-day clock ticking, I want to prioritize the most time-sensitive items first. It's such a relief to hear from someone who just went through this successfully. The whole forced distribution thing really does feel like being penalized for something completely outside your control. Thanks for sharing your experience - it's giving me much more confidence that I can navigate this without it becoming a financial disaster!

0 coins

I'm in almost the exact same boat as you - former employer just terminated their 401k plan and I'm facing that same 20% withholding nightmare! After reading through all these responses, I'm feeling much more prepared to handle this situation. A few things I wanted to add from my research: **Timeline is everything** - I called my plan administrator three times to confirm the exact date they're mailing the check and requested tracking. The 60-day countdown is scary enough without worrying about postal delays. **Shop around for rollover loans** - After seeing the comments about Schwab's rollover completion loans, I called around. Fidelity also offers them, and my credit union actually had the best rate at 4.9% for 120 days. Definitely worth calling multiple places! **Consider state taxes too** - Something I almost missed is that some states have their own withholding requirements on retirement distributions. My state (California) would have withheld an additional 6% on top of the federal 20%, which would have made the rollover even more expensive. Fortunately, my distribution is small enough that I can avoid this by rolling over to an IRA in a different state. **Document everything obsessively** - I'm creating a dedicated Google Drive folder with timestamps on every email, recorded call summaries, and scanned copies of all paperwork. If the IRS questions anything years from now, I want to be bulletproof. The stress of dealing with something this consequential on such a tight timeline is real, but it sounds like we both caught this early enough to avoid the worst outcomes. Good luck with your rollover!

0 coins

This is such valuable information, especially the point about state withholding requirements! I'm also in California and had no idea they could withhold an additional 6% on top of the federal amount. That would have been a nasty surprise when trying to calculate how much extra I need to come up with for the rollover. The idea about opening an IRA in a different state is interesting - is that actually allowed? I always assumed you had to use your state of residence. If that's a legitimate way to avoid the additional state withholding, it could save a significant amount on the rollover calculation. Your point about documenting everything obsessively really resonates with me too. I've already started a folder but I like your approach of timestamping everything and recording call summaries. Given how strict the IRS can be about these 60-day rollovers, having bulletproof documentation seems like it could be the difference between a smooth process and a years-long headache. Thanks for sharing your research on the different rollover loan options! I was planning to just call Schwab based on the earlier comments, but now I'll definitely shop around. A 120-day term vs 90 days could make a real difference in managing cash flow while waiting for the tax refund. It's comforting to know there are others going through this exact situation right now. The forced distribution thing really does feel like being thrown into the deep end of retirement planning without warning!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today