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    demattson's Avatar
    demattson Posts: 1, Reputation: 1
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    #1

    Mar 30, 2008, 03:45 PM
    401k, can IRS seize
    Can the IRS seize 401k for the payment of delinquent taxes
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    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
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #3

    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?
    See also https://www.financialengines.com/FeC...c&act=irgahm01
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