Article Highlights:
- Taxable Severance Pay and Unemployment Compensation
- Accumulated Leave Pay: Tax Considerations
- Form W-2 Retrieval from a Bankrupt Employer
- Gifts from Family or Friends
- Retirement Plan Withdrawals and Early Distribution Penalties
- Public Assistance and Food Stamps
- Health Insurance and Marketplace Coverage
- Managing Taxable Assets and Payment Plans
- Options if You Owe Taxes and Cannot Pay
- Deductions and Credits for Continuing Education
- Exploring Entrepreneurship
- Conclusion
Losing a job is a challenging event that can have significant financial and tax implications. As individuals navigate the transition, understanding these implications and the resources available can mitigate some of the stress that accompanies such situations. This article discusses the taxability of various forms of compensation and assets, strategies for managing tax liabilities, and how assistance is available for those facing financial hardship during unemployment.
Taxable Severance Pay and Unemployment Compensation
One immediate repercussion of a job loss involves severance pay and unemployment benefits. It’s important to note that severance pay is taxable in the year received, and it will be included on your Form W-2 issued by your former employer. Similarly, unemployment compensation is also taxable, and you may opt to have 10% of your unemployment benefits withheld for federal taxes by completing Form W-4V. Some states tax unemployment income and others do not.
Accumulated Leave Pay: Tax Considerations
When you lose your job, payments for accumulated leave such as vacation or sick pay are treated as wages. These payments are taxable and reported on your Form W-2. Therefore, it’s crucial to ensure that the appropriate taxes are withheld to avoid any unexpected liabilities at tax time.
Form W-2 Retrieval from a Bankrupt Employer
If your employer goes bankrupt or out of business, they are still responsible for providing you with a Form W-2. Should you not receive it by the end of January following the tax year in which you were employed, the IRS can assist you in obtaining a substitute Form W-2. Until you receive it, keeping accurate records of your earnings, such as pay stubs, is crucial.
Gifts from Family or Friends
During times of financial difficulty, individuals may receive gifts in the form of cash or property from family or friends. Typically, the recipient of the gift does not owe taxes on it. However, if the gift generates income (such as interest or dividends), the recipient is responsible for the tax on that income. Notably, gifts that exceed the annual exclusion limit may subject the giver to gift taxes, but not the recipient.
Retirement Plan Withdrawals and Early Distribution Penalties
Although it can jeopardize a future retirement, for many, a job loss may necessitate accessing retirement funds. Generally, withdrawing from a qualified retirement plan (such as a 401(k) plan) or a traditional IRA is a taxable event, and if done before reaching age 59½ results in an additional 10% early distribution penalty tax. However, there are several penalty exceptions and some or all can shield withdrawals from penalties, including the following:
- Unreimbursed Medical Expenses Exception – Amounts withdrawn to pay unreimbursed medical expenses that would be deductible on Schedule A during the year and that exceed 7.5% of the taxpayer’s AGI are exempt from penalty. This is true even if the taxpayer does not itemize.
- Separation from Service -Distributions from a qualified retirement plan after separation from service in or after the year the taxpayer reached age 55. However, a Tax Court ruled the exception did not apply in the case of a taxpayer who retired from his job when he was age 53 but who waited until after he turned 55 to make a withdrawal from his qualified retirement plan. A taxpayer must be age 55 or older, and then separate from employment, for an early distribution to be excepted from the 10% penalty.
- Medical Insurance Exception -This exception allows taxpayers that qualify to make penalty-free withdrawals to pay for medical insurance. The amount that is exempt from penalty cannot be more than the amount the taxpayer paid during the year for medical insurance for the taxpayer, spouse, and dependents. To qualify for this exception, the taxpayer:
1. Must have lost his/her job,
2. Received unemployment compensation for 12 consecutive weeks,
3. Made IRA withdrawals during the year he/she received unemployment or in the following year, and
4. Made the withdrawals no later than 60 days after being reemployed. - Higher Education Expense Exception –If a member of the family is attending college, withdrawals made during the year for qualified higher education expenses for the taxpayer, spouse or children or grandchildren of the taxpayer or spouse are exempt from the early withdrawal penalty. The part not subject to the tax is generally the amount that is not more than the qualified higher education expenses for the year at an eligible educational institution.
- Hardship Distribution – Although not required, an employer’s retirement plan may allow participants to receive hardship distributions. However, a distribution from a participant’s elective deferral account can only be made if the distribution is both:
o Due to an immediate and heavy financial need.
o Limited to the amount necessary to satisfy that financial need.
If you have a retirement plan with your employer, check to see if it allows a hardship distribution which is not subject to the 10% penalty. - 60-day Rollover – Taking a withdrawal and then rolling over these funds into another qualified retirement plan or IRA within 60 days helps avoids taxation and penalties. But if the rollover is not completed within the 60-day window the distribution becomes fully taxable and subject to the 10% penalty unless an exception applies. Think of it as a 60-day loan. But, beware, only one rollover is allowed in a 12-month period.
Public Assistance and Food Stamps
If you qualify for public assistance or food stamps following a job loss, it’s important to know that these benefits are not taxable. They serve as essential support to help individuals meet basic needs without the additional strain of tax implications.
Health Insurance and Marketplace Coverage
Losing a job often means losing employer-provided health insurance. If you’re enrolled in a health insurance plan through the Health Insurance Marketplace, it’s crucial to report your job loss as it may allow for a special enrollment period. This lets you make necessary adjustments to your healthcare plan outside the regular open enrollment period and helps you align the financial assistance you receive with your changed income.
Managing Taxable Assets and Payment Plans
Selling assets such as stocks, bonds, or investment property, while unemployed, requires careful consideration as any profits (capital gains) are taxable. Carefully consider which stocks to sell taking into consideration which can be sold with the least profit, and which have the most chance for further gain. Reviewing your overall tax position is critical to avoid penalties for underpaid estimated taxes.
Options If You Owe Taxes and Cannot Pay
In the event that you owe taxes and cannot pay them, promptly contacting the IRS to explore payment plans is advisable. Options include short-term payment plans (up to 120 days) and long-term installment agreements (more than 120 days). This proactive approach can prevent additional penalties and interest.
Deductions and Credits for Continuing Education
Job loss can spur the pursuit of further education to improve employment prospects. Various tax benefits support education-related expenses, such as deductions and credits for tuition. Exploring these options can help reduce the financial burden of going back to school. However, costs of education undertaken to enable an individual to start working in a new field are not deductible.
Exploring Entrepreneurship
Job loss can also be seen as an opportunity to venture into self-employment. Starting a business involves understanding different organizational structures like sole proprietorships, partnerships, or corporations—each comes with distinct tax implications and considerations. Sole proprietors need to file a Form 1040 with a Schedule C to report business income and expenses and a Schedule SE for self-employment taxes. Note: Self-Employment Tax is the replacement for payroll FICA. Except, since a self-employed individual is both the employer and employee, they are required to pay both halves.
Conclusion
Job loss creates multifaceted financial challenges, primarily attributed to tax implications and the need to reassess one’s financial strategies. Understanding the taxation of severance, unemployment benefits, and retirement fund distributions is critical. Moreover, exploring entrepreneurial avenues and seeking available tax relief options can provide paths to financial stabilization. Staying informed about potential tax deductions and credits can mitigate the financial impact, allowing individuals to focus on paving a new career path.
Being proactive is key to navigating this challenging period. Don’t hesitate to contact this office for tailored advice for your specific circumstances.
