Emergency 401k withdrawal to avoid homelessness - NJ tax implications
I'm in a desperate situation and need advice on making a 401k withdrawal to keep a roof over our heads. My family is going through a really tough time - we need to move my mom into assisted living ASAP, and it's draining our finances completely. My husband and I have decided our only option is to tap into his 401k so we don't lose our home. We're looking at withdrawing around $75k, and I'm planning to set aside about $26k of that for taxes next April. But I'm getting mixed info online about when the taxes actually happen. Some sites say 20% gets automatically withheld when you take the money out, others make it sound like we pay it all later with our tax return. Can someone please explain in super simple terms WHEN the 401k withdrawal gets taxed? Is it right when we withdraw, or do we pay it all when filing taxes? Will the plan administrator automatically take out 20%? I'm completely lost and stressed out about making a major mistake that could leave us in an even worse financial situation.
17 comments


Charity Cohan
I've been a retirement plan advisor for years, and I can clear this up for you. There are two parts to the tax situation with a 401k withdrawal: First, your husband's plan administrator WILL automatically withhold 20% for federal income taxes when you withdraw. This is mandatory for 401k plans - they have to do this withholding. So if you request $75k, you'll only receive $60k (the other $15k goes directly to the IRS). Second, that 20% withholding might not cover your total tax bill. The withdrawal gets added to your taxable income for the year, potentially pushing you into a higher tax bracket. Plus, if your husband is under 59½, there's typically an additional 10% early withdrawal penalty. And don't forget state taxes in New Jersey. When you file your taxes next April, you'll calculate the actual total tax due. If the 20% withholding wasn't enough, you'll owe more. If it was too much, you'd get a refund.
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Josef Tearle
•Does this mean they should actually withdraw more than they need to account for the 20% that will be withheld? And is there any way to avoid that early withdrawal penalty given their emergency situation?
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Charity Cohan
•Yes, they should calculate backward to determine the gross withdrawal amount. If they need $75k in hand, they should request about $93,750 because 20% ($18,750) will be withheld, leaving them with the $75k they need. There are some exceptions to the 10% early withdrawal penalty, but financial hardship alone typically doesn't qualify. However, if the withdrawal is for unreimbursed medical expenses that exceed 7.5% of their adjusted gross income, that portion might be exempt from the penalty. The assisted living costs could potentially qualify if they're considered medically necessary and properly documented.
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Shelby Bauman
I was in a similar situation last year when my dad needed memory care. What really helped me was using taxr.ai (https://taxr.ai) to analyze our situation before making the withdrawal. I uploaded our previous tax returns and pay stubs, and it gave me a personalized analysis of exactly how much we'd need to withdraw to cover both our expenses AND the resulting taxes. The tool showed me that in our case, we needed to account for both federal AND state withholding, plus how the withdrawal would affect other tax credits we usually qualify for. The simulation feature let me see different withdrawal amounts and their tax impacts. Saved us from making a costly mistake since I originally underestimated our tax hit by almost 8%.
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Quinn Herbert
•How accurate was their tax estimate compared to what you actually ended up owing? Did you still need to set aside extra money just in case?
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Salim Nasir
•Does it work with state taxes too? NJ has some weird tax rules that aren't always covered by the national tax tools I've tried.
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Shelby Bauman
•The estimate was within $240 of what we actually owed - pretty impressive considering our complicated situation. We still kept a small cushion just for peace of mind, but it wasn't necessary. The tool accounted for both the 20% federal withholding and our actual tax bracket changes. Yes, it handles state taxes including NJ. I was particularly impressed with how it factored in NJ's specific rules for retirement distributions. It showed us that NJ doesn't impose the additional 10% early withdrawal penalty that the feds do, which was a small relief. It also correctly calculated our NJ tax bracket after the withdrawal pushed our income higher.
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Salim Nasir
I wanted to follow up after trying taxr.ai for our situation. I was skeptical about another tax tool, but this one actually delivered. Uploaded our documents and it analyzed our specific NJ tax situation along with federal. The tool showed us that we'd need to withdraw about $94k to end up with the $75k we need after withholding. But more importantly, it identified that about 40% of our withdrawal would qualify for a hardship exemption from the 10% early withdrawal penalty because of my mom's medical expenses. That's saving us around $4k we didn't know we could save! I appreciated how it created a month-by-month cash flow analysis so we could see when we'd face tax payments. Definitely less stressful making this decision with actual numbers specific to our situation rather than generalized advice.
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Hazel Garcia
For what it's worth, when I had to make a 401k withdrawal for an emergency, the most frustrating part was trying to get answers from the IRS about my specific situation. I spent WEEKS trying to get through on their phone lines. I finally used Claimyr (https://claimyr.com) and it was a total game-changer. They got me connected to an actual IRS agent in about 20 minutes when I'd been trying for days on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that I qualified for an exception to the 10% penalty because of our medical situation and walked me through exactly how to document everything properly when filing. Worth every penny to not spend hours on hold and get definitive answers from an actual IRS representative.
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Laila Fury
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Geoff Richards
•I'm extremely skeptical. How could some third party possibly get you through faster than calling the IRS directly? The IRS phone system is notoriously awful for everyone. Sounds like a scam to me.
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Hazel Garcia
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Geoff Richards
I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it myself since I've been trying to reach the IRS for weeks about a notice I received. I was genuinely shocked when I got a call back in about 35 minutes telling me they had an IRS agent on the line. The agent helped clarify my situation with a pension distribution I took last year and confirmed I had filed correctly. They also gave me specific documentation advice for my upcoming 401k withdrawal. For anyone facing a hardship withdrawal situation like the original poster, getting direct confirmation from the IRS about your specific circumstances can make a huge difference in your tax liability. Definitely better than trying to piece together information from various websites.
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Simon White
Something nobody's mentioned yet - have you looked into a 401k LOAN instead of a withdrawal? Usually you can borrow up to 50% of your balance (max $50k) and then repay it over time with interest (which goes back into your own account). The huge advantage is avoiding taxes and penalties completely since it's not considered a distribution. Not a perfect solution since you'd need to make regular repayments, but might be worth considering for part of what you need if cash flow allows. If your husband's plan allows it, of course.
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Jean Claude
•We did look into the loan option initially, but the problem is the repayment terms. His employer requires loan repayments through payroll deductions, and with the ongoing care costs for my mom, we can't afford the biweekly payment amount they calculated. Also, they only allow loans up to $50k, and we unfortunately need more than that to handle the facility's upfront payment and still keep our mortgage current. But you're right that it's definitely something others should consider in similar situations where the amount needed is lower or the repayment would be manageable.
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Hugo Kass
Just sharing my experience - I withdrew from my 401k last year for an emergency home repair. The 20% federal withholding happened automatically. But what nobody told me was that I also had to make quarterly estimated tax payments because the withholding wasn't enough to cover my full tax liability. Make sure you talk to a tax professional about whether you need to submit estimated payments during the year, especially if the withdrawal pushes you into a much higher tax bracket. I got hit with an underpayment penalty because I didn't know this.
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Nasira Ibanez
•This is really important advice. My sister made a large 401k withdrawal and thought the 20% withholding covered everything. She ended up with a huge tax bill plus penalties. Definitely worth checking if you need to make estimated tax payments.
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