How to avoid a tax lien for 401k investing
Posted November 12, 2018 12:50:28It’s the second time I’ve heard of a tax claim being filed against a 401k.
In July, a couple of friends and I were having a birthday party and they filed a claim against their 401k, which they didn’t realize was in default.
A few months later, we were asked by the IRS to provide proof that they had taken out a tax-deferred loan to buy a house.
The couple was planning to sell the house, and they weren’t planning to pay a mortgage.
The house wasn’t sold, so the couple wasn’t going to owe anything to the IRS.
We filed a lawsuit, and the court agreed with us that the house was in foreclosure and the couple didn’t owe anything.
This case is on hold until the IRS can do a thorough audit of the 401k loan.
The reason the case is ongoing is that the IRS has received more than 50,000 claims filed against 401k plans and 529 accounts in the past six years.
The IRS says they have only seen one or two of those claims come to court, but many of the others have been filed with a court order or a tax liens.
If you’ve had to pay taxes on a 401K or 529 plan or 529 account in the last six years, it’s a good idea to know what your rights are.
There’s no good way to tell if your 401k or 529 fund has been used for tax purposes.
Here’s how to know.
The tax law isn’t written in stone If you own a 401(k) or 529(k), you may have a claim filed against it, but the IRS isn’t exactly sure if the tax benefits are worth the tax liability.
If the tax law was written in the 1970s, or the 1990s, then the IRS may have to look into it.
If not, then it’s not a tax liability at all.
Taxpayers have an array of options when it comes to filing a tax return.
If your 401(ks) or Roth IRA is subject to a tax deferral program, the IRS generally doesn’t need to do anything to verify that your retirement account is eligible for deferral.
The program is only available to eligible accounts.
For a 529 account, the tax deferment rules are more complicated.
If there’s a tax advantage for the account, such as an IRA or 529 investment, then that may be the way to go.
If a tax credit is available, then you’ll want to check with the tax advisor of the account you’re interested in.
And, if you have an automatic deduction from your taxes, the best bet is to check the Tax Code online to see if there’s anything that you can claim on your tax return that could qualify you for a refund.