CARES Act 401(k) Explained – Penalty Free Withdrawal

by | Sep 17, 2022 | Qualified Retirement Plan | 29 comments

CARES Act 401(k) Explained – Penalty Free Withdrawal




Section 2202 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, provides for special distribution options and rollover rules for retirement plans and IRAs and expands permissible loans from certain retirement plans.

Question: What are the special rules for retirement plans and IRAs in section 2202 of the CARES Act?

In general, section 2202 of the CARES Act provides for expanded distribution options and favorable tax treatment for up to $100,000 of coronavirus-related distributions from eligible retirement plans (certain employer retirement plans, such as section 401(k) and 403(b) plans, and IRAs) to qualified individuals, as well as special rollover rules with respect to such distributions. It also increases the limit on the amount a qualified individual may borrow from an eligible retirement plan (not including an IRA) and permits a plan sponsor to provide qualified individuals up to an additional year to repay their plan loans. See the FAQs below for more details.

Question: Who is a qualified individual for purposes of section 2202 of the CARES Act?

You are a qualified individual if –

– You are diagnosed with the virus SARS-CoV-2 or with coronavirus disease 2019 (COVID-19) by a test approved by the Centers for Disease Control and Prevention;
– Your spouse or dependent is diagnosed with SARS-CoV-2 or with COVID-19 by a test approved by the Centers for Disease Control and Prevention;
You experience adverse financial consequences as a result of being quarantined, being furloughed or laid off, or having work hours reduced due to SARS-CoV-2 or COVID-19;
– You experience adverse financial consequences as a result of being unable to work due to lack of child care due to SARS-CoV-2 or COVID-19; or
You experience adverse financial consequences as a result of closing or reducing hours of a business that you own or operate due to SARS-CoV-2 or COVID-19.

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Question: What is a coronavirus-related distribution?

A coronavirus-related distribution is a distribution that is made from an eligible retirement plan to a qualified individual from January 1, 2020, to December 30, 2020, up to an aggregate limit of $100,000 from all plans and IRAs.

Question: Do I have to pay the 10% additional tax on a coronavirus-related distribution from my retirement plan or IRA?

No, the 10% additional tax on early distributions does not apply to any coronavirus-related distribution.

Question: When do I have to pay taxes on coronavirus-related distributions?

The distributions generally are included in income ratably over a three-year period, starting with the year in which you receive your distribution. For example, if you receive a $9,000 coronavirus-related distribution in 2020, you would report $3,000 in income on your federal income tax return for each of 2020, 2021, and 2022. However, you have the option of including the entire distribution in your income for the year of the distribution.

Question: May I repay a coronavirus-related distribution?

In general, yes, you may repay all or part of the amount of a coronavirus-related distribution to an eligible retirement plan, provided that you complete the repayment within three years after the date that the distribution was received. If you repay a coronavirus-related distribution, the distribution will be treated as though it were repaid in a direct trustee-to-trustee transfer so that you do not owe federal income tax on the distribution.

If, for example, you receive a coronavirus-related distribution in 2020, you choose to include the distribution amount in income over a 3-year period (2020, 2021, and 2022), and you choose to repay the full amount to an eligible retirement plan in 2022, you may file amended federal income tax returns for 2020 and 2021 to claim a refund of the tax attributable to the amount of the distribution that you included in income for those years, and you will not be required to include any amount in income in 2022. See sections 4.D, 4.E, and 4.F of Notice 2005-92 for additional examples.

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Question: How do qualified individuals report coronavirus-related distributions?

A coronavirus-related distribution should be reported on your individual federal income tax return for 2020. You must include the taxable portion of the distribution in income ratably over the 3-year period – 2020, 2021, and 2022 – unless you elect to include the entire amount in income in 2020. Whether or not you are required to file a federal income tax return, you would use Form 8915-E.

Please note that this video is for information purposes only and is not intended to provide or relied upon for tax, legal, or accounting advice. Please consult your own CPA, tax advisor, legal and accounting advisors….(read more)


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29 Comments

  1. Armis71

    Is there an extension to the CARES Act still available now in October 2021?

  2. BurnYourBridges

    What if my financial problems happened in 2021?

  3. Everevolvingself

    Extremely helpful and knowledgeable information. I appreciate your support, care and expertise that you have shared in this informative video. Do you know if any of these changes still impact us in 2021 or has there been any updates for 2021?

  4. Brian Lewis

    Was this extended into 2021?

  5. Bryan Reynolds

    Thanks for sharing Mr. Lee. I do have a question though. Is it a smarter move to borrow from a credit union @ 6% and have it paid off as soon as you can vs taking money from your 401K while the stock market is doing so well? Thanks in advance. :)>

  6. ildjer baron

    Can you delay paying taxes up until the 2nd or 3rd year instead of filing a tax amendment?

  7. Pam Smith

    Why does the Financial institution code this as 2 early withdrawal. Is there a different code to avoid the 10% penalty? I keep getting hit with the 10% penalty.

  8. Angie Thieu

    Hi Lee, thanks for helpful information. I am doing my 2020 return now and I am planning to return a portion of distribution but don't know how to do that in tax return. Can you please assist

  9. Jamarkez Webb

    What if I withdraw in 2020, but left the job in 2021?

  10. Ronda Staub

    Hi Stephen,Love your chanel. If you opt to report your distribution over 3 years, and you pay it all back to your plan within those 3 years, can you go back and amend all 3 years of tax returns or is it only if you claim the whole amount in 2020?
    Thank you so much for your help!

  11. rika salvador

    Thank you soooo much!!! Simple clear and helpful. Much appreciated

  12. Otto Thompson (Guide to Dropshipping)

    Vanguard told me this ended Dec 30th and I can no longer pull my 401k this video shows uploaded 2 months ago a little late with the help but great video. Thanks

  13. nikekido23

    Do you do tax return . I took out money from my retirement plan as part of the cares act, in 2020 . I paid it back in 2021 . H&R Block don’t seem to know what to do about this and need to know if I have to pay taxes on it

  14. walid Abraham

    Great video! Question, I withdrew from my 401k online and it gave me the option to pay 10% fed and 5% state. Do I still have to pay taxes on the money I withdrew?

  15. Gagandeep Singh Multani

    Thank you for your video. Do I need to file taxes for 2020 if I am planning to return fulll amount back that I took out ?

  16. Luigi

    From my understanding the amount does not have to be claimed equally over 3 years it just has to be paid off with in those 3 years right

  17. Monica Goldsberry

    Do payroll contributions count as “repayment” if you took a withdrawal?

  18. Pilar Garcia

    Hi, I went today to the tax preparation office and I couldn't do it, the lady who prepares my taxes didn't know about this 8915-E and she said I'm being penalized for the cares act distribution that I withdrew in October 2020 from my 401 k , I'm 51, I paid the taxes upfront, I know the 10% penalty should be waived, what should I do? is the 8915-E form out already? thanks so much for your videos.

  19. Travis H

    So, if you withdrew money and had the taxes taken out and paid at the time you withdrew the money, are you obligated to pay back the money that was taken out or can you just keep that money since taxes were paid?

  20. wilma personal

    Took a 401K withdrawel under the cares act tax was withheld. Can I also opt to e-file 1040 and 1099-R without (waiting for) the 8915-E? It would mean the penalty will be deducted from my refund?

  21. Maria A.

    I was trying to do my taxes today, but cannot file it as the govt has not finalized the form 8915-E for the Cares Act Distribution. Thank you for explaining things in simplified ways.

  22. Tony Saad

    Is this still the case in 2021?

  23. Blue

    I took out around $9,000 from my annuity. I got taxed 20% for both federal and state tax. Today I did my taxes and they told me that I'm getting penalized. The reason I got that money is because I wasn't gonna get penalized. This is so confusing.

  24. Ahl Jedd Mallari

    Hello i’m assuming i have to wait for the 8915 form so i can get the penalty waived? My 401k only sent me 1099-r form.
    Also would this mean i would have to get my taxes done by a professional? Turbo tax has no options to waive the penalty at the moment.

  25. Kalvin Mauss

    Great video! Do you know if you can still withdrawal from a 401k under the new plan? February 2021

  26. IsaiditsKoko

    You are definitely A life saver. Ive completed mine was just trying to figure out how to enter the information to pay it over the three years instead of reporting it all at once! Thank you so much for this information!

  27. ꧁♋︎ʙᴜɢsʙᴜɴɴʏ ᴇᴅɪᴛs♋︎꧂

    hello i never got a 8915e but my 401k company sent a 1099-r for my withdraw I had them take out 10% of federal taxes on my withdraw will I still need to get a 8915e?

  28. Emmanuel Aboagye

    If there is a 3rd Stimulus Check, will the Cares Act 401K Withdrawal be add as part of my AGI. So let’s say I made 95K in wages I n 2020 but in early COVID I withdrew 15K in 401K , will my AGI for next stimulus be held at $110K or still stay at 95K???

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