demattson
Mar 30, 2008, 03:45 PM
Can the IRS seize 401k for the payment of delinquent taxes
ebaines
Mar 31, 2008, 09:24 AM
Yes, they can. The can take assets that are normally protected from creditors, such as IRA and 401(k) assets. See: IRS Collection Process (http://www.dcselfhelplaw.com/guide.asp?level=3&id=603)
IntlTax
Mar 31, 2008, 07:12 PM
As long as the funds remain within the plan, I don't believe that they IRS can take them. Further, I don't believe that the IRS can force a distribution. However, if the funds are distributed, then the IRS can take the funds.
See Felhaber, Larson Fenlon & Vogt - 401k vs. SEP – Which Plan is Better? (http://www.felhaber.com/ARTICLES/401kvsSEP.html)
See also https://www.financialengines.com/FeContent?&s=56c837deec3604&pact=irc&act=irgahm01