Download the Yieldstreet mobile app
CARES Act allows new flexibility in 401(k)s for emergency cash needs
by Joe DiDomenico | Director, Retirement Services
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on March 28, 2020. Created as a way to help people in need of cash, it provides relief by allowing those participating in employer-sponsored 401(k) plans to borrow from those plans. Here we take a closer look at some of the changes coming into play to help people during these tough times.
What has changed?
Prior to the extenuating circumstances created by the outbreak of the coronavirus, the maximum amount that could be borrowed from a 401(k) was $50,000, or 50% of the plan balance, whichever was lower. The new rules will allow those in need of cash to borrow up to $100,000 from their plan, or up to 100% of the plan balance, whichever is lower.
Those who remove the required funds from their 401(k)s will have a 5-year maximum amortized schedule to repay the loan back to their plan. This requires a minimum quarterly payment.
Additionally, 401(k) plan administrators will also need to amend their plans to accommodate the new law, but they are not required to do so. 401(k) holders who intend to withdraw from their plan should ask their plan administrator if the loan maximums are allowed for their plan.
What if I have a Solo 401(k)?
For those who hold a Solo 401(k), which is typically business owners who do not have employees other than their family, it’s simple to amend the plan document. Simply reference the section of the plan document that talks about loans, and write a brief amendment stating the new rules. Sign it, if you are the plan trustee or administrator, and save it in your files with your other Solo 401(k) documents. For those who have someone else managing their Solo 401(k) plan, ask them to make this change.
What is the difference between a 401(k) loan and a hardship distribution?
The 401(k) loan is not a hardship distribution, it is a loan. The difference between a hardship distribution and a loan is that a distribution is a taxable event, whereas a loan is not, as long as minimum loan repayments are made. The increase in hardship distribution has also been increased to $100,000 from now until December 31, 2020, but only for the following:
- People who are diagnosed with COVID-19
- People who have experienced financial hardship from quarantine, layoffs, reduced hours, or are furloughed
Who does not qualify for hardship withdrawals?
Those who have other assets that they could draw on to meet the need or have insurance that will cover the need will not qualify for a hardship withdrawal.
It’s important to keep in mind that it might be likely that securities in the 401(k) plan may need to be sold, possibly at a market low point, in order to generate the cash for the loan. While this may not be optimal, it may be the case that the funds are needed badly enough that this becomes necessary.
In times of economic crisis, being aware of regulatory changes that help your financial decision-making is critical. We hope that those who need to draw from their 401(k) plan in these circumstances are able to find relief through the changes set in motion by the CARES Act.
Please note, Yieldstreet does not provide tax or accounting advice, so please consult with your tax or accounting professional for advice specific to your situation.
This communication and the information contained in this article are provided for general informational purposes only and should neither be construed nor intended to be a recommendation to purchase, sell or hold any security or otherwise to be investment, tax, financial, accounting, legal, regulatory or compliance advice. Any link to a third-party website (or article contained therein) is not an endorsement, authorization or representation of our affiliation with that third party (or article). We do not exercise control over third-party websites, and we are not responsible or liable for the accuracy, legality, appropriateness or any other aspect of such website (or article contained therein).
Published:
04/17/2020
The Yield
Our weekly podcast providing ideas about how to make money work for you and bring you closer to your dreams.
Investors
1 Past performance is no guarantee of future results. Any historical returns, expected returns, or probability projections may not reflect actual future performance. All securities involve risk and may result in significant losses.
2 Represents an average net realized internal rate of return (IRR) with respect to all matured investments in your portfolio, utilizing the effective dates and amounts to and from the investments and net of management fees and all other expenses charged to the investments. Past performance is not a reliable indicator of future results and should not be relied upon as the basis for making an investment decision. All securities involve risk and may result in significant losses, including the loss of principal invested.[read more]
3 "Annual interest" or "Annualized Return" represents an annual target rate of interest or annualized target return and "term" represents the estimated term of the investment. Such target interest or target returns and estimated term are projections of the interest or returns and or term and may ultimately not be achieved. Actual interest or returns and term may be materially different from such projections. This targeted interest or returns and estimated term are based on the underlying investments held by the applicable.
4 Reflects the annualized distribution rate that is calculated by taking the most recent quarterly distribution approved by the Fund's Board of Directors and dividing it by prior quarter-end NAV and annualizing it. The Fund’s distribution may exceed its earnings. Therefore, a portion of the Fund’s distribution may be a return of the money you originally invested and represent a return of capital to you for tax purposes.
5 Represents the sum of the interest accrued in the statement period plus the interest paid in the statement period.
6 The internal rate of return ("IRR") represents an average net realized IRR with respect to all matured investments weighted by the investment size of each individual investment, made by private investment vehicles managed by YieldStreet Management, LLC from July 1, 2015 through and including Dec 22th, 2021, after deduction of management fees and all other expenses charged to investments.
7 Investors should carefully consider the investment objectives, risks, charges and expenses of the Yieldstreet Prism Fund before investing. The prospectus for the Yieldstreet Prism Fund contains this and other information about the Fund and can be obtained by emailing [email protected] or by referring to www.yieldstreetprismfund.com. The prospectus should be read carefully before investing in the Fund. Investments in the Fund are not bank deposits (and thus not insured by the FDIC or by any other federal governmental agency) and are not guaranteed by Yieldstreet or any other party.
8 This tool is for informational purposes only. You should not construe any information provided here as investment advice or a recommendation, endorsement or solicitation to buy any securities offered on Yieldstreet. Yieldstreet is not a fiduciary by virtue of any person's use of or access to this tool. The information provided here is of a general nature and does not address the circumstances of any particular individual or entity. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of this information before making any decisions based on such information.
300 Park Avenue 15th Floor, New York, NY 10022
844-943-5378No communication by YieldStreet Inc. or any of its affiliates (collectively, “Yieldstreet™”), through this website or any other medium, should be construed or is intended to be a recommendation to purchase, sell or hold any security or otherwise to be investment, tax, financial, accounting, legal, regulatory or compliance advice. Nothing on this website is intended as an offer to extend credit, an offer to purchase or sell securities or a solicitation of any securities transaction.
Any financial projections or returns shown on the website are estimated predictions of performance only, are hypothetical, are not based on actual investment results and are not guarantees of future results. Estimated projections do not represent or guarantee the actual results of any transaction, and no representation is made that any transaction will, or is likely to, achieve results or profits similar to those shown. In addition, other financial metrics and calculations shown on the website (including amounts of principal and interest repaid) have not been independently verified or audited and may differ from the actual financial metrics and calculations for any investment, which are contained in the investors’ portfolios. Any investment information contained herein has been secured from sources that Yieldstreet believes are reliable, but we make no representations or warranties as to the accuracy of such information and accept no liability therefor.
Private placement investments are NOT bank deposits (and thus NOT insured by the FDIC or by any other federal governmental agency), are NOT guaranteed by Yieldstreet or any other party, and MAY lose value. Neither the Securities and Exchange Commission nor any federal or state securities commission or regulatory authority has recommended or approved any investment or the accuracy or completeness of any of the information or materials provided by or through the website. Investors must be able to afford the loss of their entire investment.
Investments in private placements are speculative and involve a high degree of risk and those investors who cannot afford to lose their entire investment should not invest. Additionally, investors may receive illiquid and/or restricted securities that may be subject to holding period requirements and/or liquidity concerns. Investments in private placements are highly illiquid and those investors who cannot hold an investment for the long term (at least 5-7 years) should not invest.
Alternative investments should only be part of your overall investment portfolio. Further, the alternative investment portion of your portfolio should include a balanced portfolio of different alternative investments.
Articles or information from third-party media outside of this domain may discuss Yieldstreet or relate to information contained herein, but Yieldstreet does not approve and is not responsible for such content. Hyperlinks to third-party sites, or reproduction of third-party articles, do not constitute an approval or endorsement by Yieldstreet of the linked or reproduced content.
Investing in securities (the "Securities") listed on Yieldstreet™ pose risks, including but not limited to credit risk, interest rate risk, and the risk of losing some or all of the money you invest. Before investing you should: (1) conduct your own investigation and analysis; (2) carefully consider the investment and all related charges, expenses, uncertainties and risks, including all uncertainties and risks described in offering materials; and (3) consult with your own investment, tax, financial and legal advisors. Such Securities are only suitable for accredited investors who understand and willing and able to accept the high risks associated with private investments.
Investing in private placements requires long-term commitments, the ability to afford to lose the entire investment, and low liquidity needs. This website provides preliminary and general information about the Securities and is intended for initial reference purposes only. It does not summarize or compile all the applicable information. This website does not constitute an offer to sell or buy any securities. No offer or sale of any Securities will occur without the delivery of confidential offering materials and related documents. This information contained herein is qualified by and subject to more detailed information in the applicable offering materials. Yieldstreet™ is not registered as a broker-dealer. Yieldstreet™ does not make any representation or warranty to any prospective investor regarding the legality of an investment in any Yieldstreet Securities.
Banking services are provided by Evolve Bank & Trust, Member FDIC.
Investment advisory services are provided by YieldStreet Management, LLC, an investment advisor registered with the Securities and Exchange Commission.
Our site uses a third party service to match browser cookies to your mailing address. We then use another company to send special offers through the mail on our behalf. Our company never receives or stores any of this information and our third parties do not provide or sell this information to any other company or service.