[net.taxes] 401Ks and other company savings plans

michel@inuxa.UUCP (Alan Michel) (08/21/86)

I was disturbed by the following article from August's Money
Magazine, pages 40-41.

(Ecerpts Copied from Money Magazine without permission)

( On 401Ks -) 
Both the House and Senate bills would impose a brand new 15% penalty
on hardship withdrawals.  And the only hardship cash you could get
your hands on is the money you contributed yourself.  The account's
earnings and your employer's matching contributions would become off
limits.  The senate, but not the House, would carve out an exemption
from the 15% penalty for so-called unforeseen hardships...

( on savings plans, such as AT&T BSSP)

The proposed rules are even more involved for company savings plans
to which you contribute earnings that you have already paid taxes
on.  Both the House and Senate plans would allow you to continue to
withdraw the cash without restrictions like those for hardship.  But
they would also impose new fines.  Under the Senate bill, any
withdrawal of earnings on the account or matching contributions
would become subject to a 10% penalty, plus taxes.  In addition, you
would no longer be able to pull out only the money you contributed. 
Instead, a portion of every withdrawal would be considered income
subject to taxes and penalty.  The part hit by those charges would
correlate to the percentage of your account's value that is
attributable to matching contributions and earnings.  
The House would impose a higher 15% penalty on withdrawals of 
what would be counted as matching contributions and earnings.  
And worse, you would have to take out all the money that 
would be subject to the fine before you could get access to 
the amounts that you contributed.

(end of excerpt)


I guess what they are trying to say, is that they encourage savings,
but charge a penalty on any attempt to spend what you have saved in
a company savings plan.  
I usually associate the word PENALTY with punishment for something
that I did wrong.  I strongly resent the word Penalty as used by
the house and senate.  Why don't they just admit they are creating a
new tax (15%+your bracket rate) on savings, rather than make us 
feel like criminals just because we may want/need
to spend what we have saved.

Anyone who is involved in a company sponsored 401K or savings plan
should write and call your representative about this.  It is one
thing to pay your fair share of taxes on income, it is another 
to be made to feel that somehow you are at fault or violating some
rule, just because our representatives don't have the SPINE 
to call a new tax a tax. 

I wonder how many members of congress are even aware of all of the
provisions of the tax bill they are considering?  How many of them 
have even read it and understand it, cover to cover?

If anyone can explain any reason for there being a penalty for 
withdrawing money from a savings plan, let me know.  
Sounds like the investment banking 
lobbyists got their way on this one.  They probably wanted to 
make it completely illegal to withdraw funds from savings plans
but didn't have enough money ^h^h^h^h^h^h influence to convince
congress, so settled for this compromise :-).



spp@ucbvax.BERKELEY.EDU (Stephen P Pope) (08/23/86)

If you've got money in a 401k, and are thinking of needing it
other than for retirement... better pull it out pronto!

BTW, does anyone know if the penalty for premature IRA withdrawals
is still 10%, or is it also going up to 15%?  
Also, under current law, you can make a premature IRA withdrawal
without claiming hardship -- is there any change here?

steve