• 수정
• 삭제
• 답변
• 글쓰기

layoff님이 2011-04-24 11:25:06.0에 쓰신글
>저희 회사가 merge가되어 곧 문을 닫을듯  합니다.
>제가 그동안 모은 401k를 해약해서 small business를 하려고 합니다.
>40k를 해약을하면 tax와 penalty를 내야하는걸로 알고 있습니다.
>이때 tax는 income tax인가요?
>제가 지금까지 주식으로 잃은돈이 좀 많아서 capital income이라면 많은 세금을
>감면 받을수 있을것 같은데, 잘 아시는분 고견부탁 드립니다.
>또 loan도 받을수 있다고 하는데 얼마까지 가능한가요?
>10만불이상도 가능한지요.
>
>이곳에서 항상 좋은정보 얻고 있어서 모든분께 항상 감사드립니다.
>꾸벅.

"제가 그동안 모은 401k를 해약해서 small business를 하려고 합니다.
>40k를 해약을하면 tax와 penalty를 내야하는걸로 알고 있습니다.
>이때 tax는 income tax인가요?"---> That's right; as you said, your 401K withdrawals are taxable as ordinary income. An additional 10% early distribution penalty tax will ALSO be assessed if you have not reached at least age 59 ½ when you take your distribution.For example, assume that you take out $100,000 from your  401K account, for example, then you will have to pay a $10,000 penalty. The penalty comes off the top, before the other taxes , FEDERAL AND STATE TAXES, are ALSO taken off. This is a lot of money to be wasting for an early withdrawal. You need to pay nearly 40~45% fo penallties on your withdrawal of $100,000; 10%*$100,000=$10,000( early withdrawal penalty)+ $100,000* 25%( I assume that your marginal tax rate for federal tax is 25%)=$25,000 + $100,000* 8%( I assume that your state income tax rate)=$8,000, assuming that the distribution is all income.
Then you need to pay  penalty and taxes, at least $43,000; $10,000+$25,000+$8,000=$43,000 on your withhdrawal of $100,000. You need to report early withdrawal penalty, $10,000, on your 1040 line 58, yoyr fedral tax liaiblity on your 1040 line 44, and $8,000 on your state return.So, in fact it is almost  cheaper to borrow money on your credit card in the short term than it is to withdraw funds early from your 401k as said above.However, as long as you  meet certain criteria, the IRS allows you to withdraw from your 401K for certain reasons without paying the 10% penalty. (but you  STILL can’t get out of paying taxes, federal and state taxes) You do not NEED to pay 10% of penalty  if you are totally disabled, you need to pay your health insurance premium as an unemployed person, or if you withdraw money from your 401K as a shor term loan and you repay the looan within 60 days, or you can use your retirement funds for education expenses or etc.

Here is a IRS Weblink ;http://www.irs.gov/taxtopics/tc558.html

"제가 지금까지 주식으로 잃은돈이 좀 많아서 capital income이라면 많은 세금을
>감면 받을수 있을것 같은데"--> Correct;you can offset your capital losses against your capital gains( as much as you can).You can ALSO carry any loss in excess of the gain to you 1040 up to $3000 agsint your ordinary income( Ordinary income is NOT capital gain as you can see). Losses over that amount must be carried to the following year.Assume that  you have total capital loses of $40,000.00 from previous years.And you have a gain of $8000 in stock trades this year, then your entire $8K capital gain would be offset by your capital loss carryover, plus you would generally claim an additional $3K capital loss. against your ordinary income this year. So, you can offset $11,000, $8,000+$3,000=$11,000 this year and carry forward the remaining $29,000; $40,000-$11,000=$29,000 excess to be used in future year(s).
As long as you have capital gains, $40,000, this year, then you can offset all of your capital losses, $40,000 , this year.

"또 loan도 받을수 있다고 하는데 얼마까지 가능한가요?
>10만불이상도 가능한지요?"---> I assume that you mean 401K loan; most 401k plans allow you to take out a loan of up to
50% of what you’ve contributed. A 401k loan seems attractive because there’s no credit check, you receive a low interest rate, and you can pay the loan back over a maximum of five years.401k loans are repaid through payroll deductions, so when you receive your payment at the end of the month, it may be less than you’re used to getting.There is a double taxation in paying bavk your 401K loan; what I mean is that when you contribute in your 401k plan, the money hasn’t been taxed yet. So, when you go to repay your 401k loan, you have to do it with income that’s already been taxed. Then, when you finally make a 401k withdraw in retirement; the money will be taxed again. Ultimately, that money is taxed twice.