Should I take a hardship withdrawal from my 401(k) for a down payment?

Should I take a hardship withdrawal from my 401(k) for a down payment?

Realtor and Investor · Leawood, KS · Member since 2015 · 166 posts · 78 votes

Dear BP Community,

I am actively looking to purchase both units of a duplex, live in one unit and lease one unit (house hack). I found a property that I'm considering making an offer on, and I'm analyzing different ways to pay for the down payment and closing costs. The property is listed at $180k and I'll be applying for an FHA loan (@ 3.5% down + closing costs = $10k).

I have the money in my bank savings account now to make the down payment, or I could use my traditional 401k to fund the purchase. I’m not allowed to take out a loan on my 401k per my plan’s rules, but I can take a hardship withdrawal to cover closing costs and a down payment. Once I take this hardship withdrawal, it is my understanding I cannot ever take another one for any reason (is this true?). The penalty for a hardship withdrawal is 10%. I also have to pay taxes on the funds, although I’ll defer the payment of all these taxes until tax season next year. I can use the money in my bank savings to help me purchase my next investment property in December (I won’t live there), which I anticipate will require a 20% down payment. Also, I won’t be eligible to use a hardship withdrawal to fund my December purchase.

My questions are: (1) Have you ever taken a hardship withdrawal from your 401k to fund a down payment and closing costs? (2) Do you foresee any problems using the 401k hardship withdrawal to purchase both units of a duplex? (3) Is there anything you think is significant that I haven't considered on this deal? (4) Will the use of my 401k funds inhibit me from holding the entire property in an LLC?

One thing I didn’t mention above- I won’t be eligible to contribute to my 401k plan for 6 months after my hardship withdrawal, but I’ve stopped contributing to it anyhow after reading a half dozen Rich Dad Advisor Series books.

Thanks in advance

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CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
11y

@Stephen D.

Many plans do not allow you to take out loans, which the OP mentioned, as the cost to add that feature is not worth it to smaller businesses. 

@Edward Stephens

I can tell you from my experience in dealing with clients with various financial positions that a 401(k) early withdrawal is generally not a good idea. It's simply too costly, and if you are a first time investor, you need to focus on building your wealth, not cutting it. 

I typically ask someone in this situation what their income vs. spending looks like and whether or not they adhere to a budget. It's generally better to tighten the reigns on the spending and delay your real estate investing goals while you build up various savings and reserves. 

The problem is that your 401(k) withdrawal is going to be very expensive. You are going to pay your marginal tax on the money, the 10% penalty, and you will have foregone earnings. Easily enough, the withdrawal could cost you over 40%. That's insane.

I'd recommend trying to find another source of money to utilize or figuring out how to earn and save more. Don't touch the 401(k). That should be an absolute last resort option if life knocks you down and generally should not be used to purchase a rental. 

See this reply in the discussion

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  • Investor · Flat Rock, MI · Member since 2015 · 10 posts · 3 votes
    11y

    Hi Edward, 

    You may find this recent thread interesting. The question is similar but read the answers there too. I agree with one member with an investment firm "no one retires early "investing" in a 401K." However I have not used mine yet. Much will depend on your goals and responsibilities. Warren Buffet "Time in the market is more important than timing the market. " It is not an easy choice...

    http://www.biggerpockets.com/forums/519/topics/206...

    http://www.biggerpockets.com/renewsblog/2014/08/19...

    http://www.biggerpockets.com/renewsblog/2015/06/05...

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    11y

    I kinda skimmed through a lot of the posts here, but I did want to point out that if you are a qualified first time home buyer, you are not subject to the 10% penalty on withdrawals and can withdraw up to $10,000 from your 401k without penalty.  You do still pay the income taxes on it, but the penalty is not paid.  You have to indicate on your tax return that you are a qualified first time home buyer in order to have the penalty removed.

    Exceptions to 10% 401k withdrawal penalty

    However, this list does seem to indicate that withdrawals from 401k's are not eligible.  That sucks...

  • Kansas City, MO · Member since 2008 · 143 posts · 41 votes
    11y
    Originally posted by @Brandon Hall:
    Originally posted by @Oliver Trojahn:

    On second thought, you can withdraw from your 401k penalty free for your first home purchase.  This would qualify.

    This rule is for IRAs, not 401(k)s.

    I appreciate your response.  I am not an accountant but I do know that my 401k plan allows for a penalty free withdraw for a first time home purchase.  I would assume majority of plans will allow this.  I also think that if they don't you could still take it out and state what it was for to avoid the penalty.  

    Not an accounted but 401k/IRA are virtually the same tax wise.

  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    11y

    @Oliver Trojahn

    I'd be interested in learning more about how you avoided that penalty as a withdrawal for the purchase of a home is subject to the 10% penalty tax. Are you sure you didn't receive a loan from the 401(k) instead?

    You are right in that 401(k)s and IRAs are virtually the same but there are several differentiating factors, this home buying exception being one of them, the IRA's deduction phase out being another.

    View these links for reference:

    https://www.law.cornell.edu/uscode/text/26/72 (section (t))

    http://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/401k-Resource-Guide-Plan-Participants-General-Distribution-Rules (see the "Exceptions" section)

    http://www.irs.gov/Retirement-Plans/Retirement-Pla...

    http://www.401khelpcenter.com/hardships.html#.VbKK...

    http://www.forbes.com/2010/03/24/tapping-retiremen...

    Hope this helps.

  • Investor · Singapore · Member since 2013 · 1k+ posts · 3k+ votes
    11y

    @Edward Stephens Everyone has told you why this is mathematically a bad idea. But the total amount is so small, it doesnt really matter. You seem set on doing it so go ahead. The loss of $4K won't matter in the long run either way!

  • Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
    11y

    The following IRS website covers the hardship distribution rules. 

    http://www.irs.gov/Retirement-Plans/Retirement-Pla...

  • Kansas City, MO · Member since 2008 · 143 posts · 41 votes
    11y
    Originally posted by @Brandon Hall:

    @Oliver Trojahn

    I'd be interested in learning more about how you avoided that penalty as a withdrawal for the purchase of a home is subject to the 10% penalty tax. Are you sure you didn't receive a loan from the 401(k) instead?

    You are right in that 401(k)s and IRAs are virtually the same but there are several differentiating factors, this home buying exception being one of them, the IRA's deduction phase out being another.

    View these links for reference:

    https://www.law.cornell.edu/uscode/text/26/72 (section (t))

    http://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/401k-Resource-Guide-Plan-Participants-General-Distribution-Rules (see the "Exceptions" section)

    http://www.irs.gov/Retirement-Plans/Retirement-Pla...

    http://www.401khelpcenter.com/hardships.html#.VbKK...

    http://www.forbes.com/2010/03/24/tapping-retiremen...

    Hope this helps.

     My plan states it is possible.  Not sure why.  I haven't done it personally.

  • Real Estate Agent · San Antonio, TX · Member since 2015 · 27 posts · 5 votes
    11y

    absolutely not! my advice is not to touch the 401! unless it is an absolute emergency. im sure we've all been temped though :)

  • Investor · Lehigh Acres, FL · Member since 2013 · 94 posts · 11 votes
    11y

    Edward congrats in trying to make your first purchase. I too have borrowed from my company's 401k but in the form of a low interest loan, not a hardship. There is no penalty and I get to pay the whole thing back over time. You know the property is going to be listed but its hasent yet. Why not wait and see if you can make an offer below list price and then for the closing cost try to team up with a friend or family member for a loan at a low interest that you can pay back quickly. I have several rental homes and though I do have preferred realtors I work with I have never purchased list price. You have to know your market. You said the home is 15 years approximately and if i remember correctly looks in good condition. Are you budgeting for major items replacement and repairs. Once you see the home and its empty you might decide to change your numbers. Good Luck!

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    11y
    Originally posted by @Edward Stephens:
    Originally posted by @Dennis Weber:

    @Edward Stephens

    I've also read those same books. I hate Tony Robbins but I like this book. One thing mentioned in Kiyosaki's book it seems you are forgetting is that Rich Dad became wealthy because he didn't pay as much in taxes as Poor Dad. So paying 40% in taxes would seem to go against the advice. 

    Why not get a HML? You'll have more money next year.

    Paying taxes on my 401k withdrawal is unavoidable. I either withdraw today and pay today's tax rate or withdraw later and pay the tax rate of the future. A HML requires I pay back the entire borrowed amount plus interest and fees. I would be paying it back with after-tax dollars too. It's a worse deal than paying a thousand bucks to get my 401k money, in my estimate.

    @Edward Stephens

    Obviously when funding any retirement account with pre tax dollars, uncle same will always want his cut.  However, if you utilized the account correctly, you can pay minimal taxes or perhaps none at all.  This is possible because when you retire from work, your yearly income should drop significantly.  If your income is very low or even show a loss you would be taxed at a very low bracket or maybe avoid taxes all together.  You just have to be smart about how and when you utilize your 401k or any other retirement accounts.  

    @brandon hall  You can withdrawal out of your 401k for a first time purchase.  You get to avoid the penalty, however you have to pay taxes since you funded the 401k with pre tax dollars.  With a roth, you can pull out 10k of principal no penalty, no tax.

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    11y
  • Chicago, IL · Member since 2015 · 68 posts · 15 votes
    11y

    @Edward Stephens Oh, right! The 401k would have to be independent and not connected to your work. Blah. Yes, I see how they get you...

  • Investor · Lake Zurich, IL · Member since 2012 · 53 posts · 12 votes
    11y

    @Brandon Hall

    If you re-read my post, I asked the OP to double-check. The OP replied that he had and taking a loan was not possible through his plan.

    @Edward Stephens

    Here's a mental exercise that I think definitely requires an Accountant's help + maybe a Mortgage Broker.

    Let's say you decide to take money out of the 401K as a hardship and pay the taxes and penalty. Going with this approach might cause you to lose out on possible stock market gains but that in my opinion is a one-sided view. You will also, hopefully, get cashflow by renting out the other part of the duplex which in-turn will (guessing) lower your monthly payment (save money relative to the rent you're paying today, let's hope), depreciation that can be written off, ability to itemize deductions and interest and hopefully build equity. Things that you may not be doing today. I've heard from some of the investors we work with that these "deduction benefits" are sufficient to drop their tax rates from a marginal 33% to step down to much lower rates and it sounds like your income might be close to that mark.  Net-Net, there are pros and cons to everything but will require you to run through a couple of objective scenarios with your accountant before pulling the right trigger(s).  The other thing to watch out for is your CTP (Capacity to Pay) for the 2nd house.  This will require some financial math between your CPA and Mortgage Broker so that buying one doesn't preclude you from buying the next.

    Stephen

  • Investor · Boise, ID · Member since 2014 · 174 posts · 51 votes
    11y

    I pulled100k out of a 401k to buy real estate. I did it at the right time. I made back the money from taxes and penalties and am making 12% cash on cash return. I didn't do that good in the 401k. Just try to time it right so you don't get hit so hard with taxes. The money I lost to taxes and the penalty was equal to the company match money I had anyway. Do what you think is best for you.  

  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    11y

    @Christian Bors

    @brandon hall You can withdrawal out of your 401k for a first time purchase. You get to avoid the penalty, however you have to pay taxes since you funded the 401k with pre tax dollars.

    Do you mind supporting this statement with treasury regs, IRS pubs, or case law and providing us with the link? Everything I've read and seen says withdrawing from a 401(k), even for a first time home purchase, will subject you to the 10% penalty. I'd love to see something different so that I can use it as a basis in the future for advising my clients (seriously). 

    For the record, I'm not a fan of 401(k)s unless thy are being utilized as part of a tax strategy for high income earners or business owners. You won't see the nearly the same returns in a 401(k) that you will see elsewhere, even with the company match and it makes all the wrong people a lot of money (fund managers, plan managers, etc.).

    However, I'm a BIG fan of making smart financial decisions every single day regardless of the sum of money involved. A few people mentioned it's not that much money - that's horrible advice. If he has to make a hardship withdrawal, how much money does he really have on the side? Will he have reserves immediately after his purchase? Why not focus on financial education, create a budget, and build savings organically? For the people encouraging this: when should the bad decisions stop?

    I look at percentages as the true indicator of how well certain decisions pan out for you, not the actual dollar amount. That's why the determining factor to purchase a rental should be the IRR, not cash flow or profit in hard dollars. If you make a $1,000 profit off a $100k investment, would you say that's a good return? What if the $1,000 was off a $10k investment? Percentages are the driving factor of decision making and determining how well those decisions played out.

    In terms of percentages, this decision is extremely costly and no one can argue that fact.

  • Lenexa, KS · Member since 2015 · 206 posts · 53 votes
    11y

    Much Like Field of Dreams.... "If you build it, They will come" 

    We can "flip it" .... "If you find it (a deal), They will (the $) come"

    Every real estate investor I've met with for guidance/counsel & most every book I read  puts the emphasis on finding a great deal and you'll be able to find the $$$. 

    Don't rob yourself now when your just getting started! 

    I hope this helps 

    Brandon

  • Ronald PerichPro Member
    Investor · Granite City, IL · Member since 2014 · 658 posts · 301 votes
    11y

    I tend to agree with@Brandon Hall. A 401(k) does not perform as well as a lot of people think. That's why the median value in 401(k) plans is less than $35K and the average value is less than $110K. Even with a match from my employer, I have better options elsewhere, especially if I am in control of the asset.

    When the opportunity presents itself, I'll likely be taking a loan against my 401(k) to help with the down payment and reserve funds, but I do expect the property to cover that loan. If it doesn't, I'm not going to do it. I'll also stop contributing to the plan at that time to help repay the loan. 

    But I won't consider cashing out of the 401(k) to fund the purchase unless it would be an absolute home run of epic proportions. A 40%+ loss on day-1 is not easily recovered. 

    Think about it like this. If you need $10K for the DP, you need to pull $16.7K out of the 401(k). So this loan "cost" you $6,700.

    If you paid a private investor 5 points and 12% amortized over five years, you'd end up paying $13,850.

    Math doesn't lie. This would be the most expensive money you've ever received.

    And I do agree that you will pay taxes on that money at some point. No doubt about it. But if you have alternative ways of getting this funded (say an equity partner or private lender), then you should really, seriously explore those alternatives. 

  • Ronald PerichPro Member
    Investor · Granite City, IL · Member since 2014 · 658 posts · 301 votes
    11y

    Let me clarify my point about the private loan... I said 

    If you paid a private investor 5 points and 12% amortized over five years, you'd end up paying $13,850.

    What I meant to say was the total cost would be $3,850 for points and interest, for a total payback of $13,850. That's about $2,900 less than if you took out a withdrawal.

  • Real Estate Agent · Mechanicsburg, PA · Member since 2014 · 529 posts · 217 votes
    11y

    @Brandon Hall my apologizes, just doubled check on the 401k and I was wrong. It's only for a Roth.

    http://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/Retirement-Topics---Tax-on-Early-Distributions

  • Alexandria, VA · Member since 2014 · 140 posts · 45 votes
    11y
    Originally posted by @Brandon Hall:

    @Edward Stephens

    Your foregone earnings are absolutely going to be a cost of the withdrawal. You may be able to earn more in real estate, but don't assume that foregone earnings won't play a role.

    Let me demonstrate with examples. I'm going to assume you are in the 25% tax bracket, so right off the bat this withdrawal costs you 35% (25% + 10% penalty). I'm also going to assume you are withdrawing $10,000 (you can apply your actual number to the examples below).

    Example 1 -  You withdraw $10,000 in 2013. Your immediate cost of the withdrawal is $3,500 leaving you with $6,500. Additionally, since the S&P 500 returned 32% in 2013, your withdrawal costs you another $3,200 in foregone earnings ($10,000*1.32). Your cash remaining after the withdrawal is $6,500 and the total cost of the withdrawal is $6,700. How long will it take you to simply break even (a 103% return)? Answer: a really long time (at least 5 years).

    Example 2 - You withdraw $10,000 in 2014. Your immediate cost of the withdrawal is $3,500 leaving you with $6,500. Additionally, since the S&P 500 returned 13% in 2014, your withdrawal costs you another $1,300 in foregone earnings ($10,000*1.13). Your cash remaining after the withdrawal is $6,500 and the total cost of the withdrawal is $4,800. How long will it take you to simply break even (a 74% return)? Answer: a really long time (at least 3.5 years).

    Example 3 - You withdraw $10,000 this year. Your immediate cost of the withdrawal is $3,500 leaving you with $6,500. Lucky for you, the S&P 500 crashed 10%! Your withdrawal saved you $1,000 in potential losses ($10,000*0.10). Your cash remaining after the withdrawal is $6,500 and the total cost of the withdrawal is $2,500. How long will it take you to simply break even (a 38% return)? Answer: not as long as the other examples, but still a long time (at least 2 years).

    As you can see, it's a bad idea. Not only will it take forever to break even, but these examples don't take into account the accumulation of compound earnings that you are missing out on. Additionally, you have to be a market wizard and predict a down market for a withdrawal to even come close to making sense (and it still doesn't). 

    On top of that, you have to earn around 20% returns (the rough metric I was using to calculate the years in my examples) on your real estate investments - do you really think you can do that as a new real estate investor? 

    I'm not trying to dissuade you from your real state goals. I LOVE real estate and LOVE the fact that other people want to jump in. But you have to make smart decisions, and an early 401(k) withdrawal is not one of them. It costs too much money. At the very least, stop contributing to your 401(k) but DO NOT take a withdrawal. Create a budget and develop good financial habits before diving into real estate. Investing in a duplex will not solve your financial problems (assumption based on the need for a hardship withdrawal). 

    "Rule No.1: Never lose money. Rule No.2: Never forget rule No.1." - W. Buffett

    Let me know if you have any questions. 

     You clearly know your stuff, so let me challenge this a bit with something that kicks around in my head (that I have admittedly never done the math on because it gets complicated quickly).  But what considerations do you give to the fact that the withdrawal would be of before tax money?  Meaning, your recommendation to save organically and budget and what not implies to do so with after tax money from your W2 job, correct?

    If so, he has already paid taxes on that money, and had to earn 33% more or so than what he actually has at his disposal.  That should be part of the equation.  

    Furthermore, what is his cost basis in the meantime? If it takes him 3 years to save up for a down payment for his home, he is pissing his money away in rent.  You are from DC so I know you know that rent is cheap (har har), but this should be taken under consideration when this advice is given, should it not?

    While I do agree that a hardship withdrawal in this situation is probably not a good idea, I think part of the picture is missing in your rebuttal.  

    The hard money loan seems like a better deal in any case, and the private loan from a willing family member or potential business partner would be the best, IMO.

  • Investor · Atlanta, GA · Member since 2014 · 7 posts · 5 votes
    11y

    Do not take a loan out of your 401k.  If you don't have the cash for the down payment and closing costs, then you cannot afford to buy that rental. 

  • Investor · Fort Lauderdale, FL · Member since 2015 · 10 posts · 3 votes
    11y
  • Investor · Nashville, TN · Member since 2014 · 104 posts · 15 votes
    11y

    check out rule 72 T of the IRS code and see if it applies to 401k plans  .It does apply to IRAs  . It allows for age pre 59 1/2 withdrawals and " substantially and equal payments " . My understanding is that you can avoid the  10 % excise tax on premature  withdrawals by using this election  . Your CPA will know .

  • Investor · Appleton, WI · Member since 2012 · 1k+ posts · 464 votes
    11y

    Anne, the 72T provision would not help in this case nor be allowed as he would be an active employee. 

    One thing that has not been mentioned is the ability to use your 401k account as reserve funds for financing purposes. Your first property it might not make a big difference but as you grow, banks will want to see 6 months of reserves and they typically count 75% of your 401k balance. I contribute to my 401k to get the healthy match and then some more, also 3% to a Roth 401k. These funds have grown quickly in my less than a decade of investing. 

    As for your other points, 1. I would recommend doing some more research of the allocation of the average retirees retirement accounts. Study the makeup of the average retirees with a substantial amount in their retirement accounts and see what they will do with those funds. Secondly the stock market is based off of transactional volume and retirement accounts of even a large number of individuals is not going to have that great of an effect when understanding the current dynamics of stock market fundamentals. I definitely understand the thought process but it will not play out that way in reality. 

    2. The average investor doesn't have to choose an actively managed fund but rather a straight up, low cost index fund that mirrors an index.

    3. Your plan might require the taxes be paid to the feds and state at the time of withdrawl. So that would be something to look into. 

    At the end of the day I have strongly considered what you are planning. I plan to retire from employment in 2 years are age 32 and have my 401k funds continue to grow in an index fund. They will continue to act as reserves for financing purpose. Only in the event of extreme hardship would I cash them out. There are just too many more cost effective methods of securing an investment property. 

    Brandon Hall is dead on when he rebuked those who , said $1000 is not a big deal. Business and investments are about percentages. Percentages level the playing field. Same principles apply on a $10,000 investment as a $1 million investment.

  • Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    11y

    Your 401k is for your retirement. Don't touch it.

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