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First, the IRS does not enact laws. It only carries them out and sometimes enforces them. Just like any other Department of the government does. Congress makes and votes on all the tax laws (like all the other laws), including the one you ask about. Unless the funds are rolled over to another qualified plan, using qualified intermediaries, they are taxable. They are not taxable if rolled over properly, and hence, no withholding is done. Hence, to avoid someone taking the funds, normally a fair amount of money, and spending it without keeping an adequate amount to pay tax, withholding is done. (Payouts not roll overs ARE taxable). Generally, all withholding requirements are for the same reason - to assure the tax on what would be expected to be a taxable income are in fact paid. Too many people, inspite of all the advice from financial professional, especially in the midst of emotional turmoil and concern after losing a job, would take their money as a payout...and either end up depleting their retirement savings, or at the very least, having a huge tax bill to pay shortly (and large reduction in their savings).

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16y ago

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