IRA and 401(k) Withdrawal Rules and Penalties

Melissa Phipps is a retirement planning and investing expert who has covered those topics for more than 20 years as a writer, editor, and author. Her writing has appeared in Worth, Financial Planning, Financial Advisor, The American Lawyer, Institutional Investor, and many other publications.

Updated on December 11, 2022 In This Article In This Article

Family discussing retirement planning papers with a financial advisor

The Internal Revenue Service (IRS) has rules for when you may take distributions from a 401(k) plan or an individual retirement account (IRA). It also has rules for when you must do so. You can face tax penalties of 10% to 50% if you don't follow these rules. They can depend on the type of account you want to withdraw from.

Key Takeaways

What Are Qualified Distributions?

Qualified distributions are those that can be taken made tax-free and penalty-free. They're taken after age 59 1/2 or under some other allowed circumstances.

There's no penalty for withdrawing your money after you reach age 59 1/2, but you'll pay income tax on the money you take out if you've invested in a traditional pre-tax 401(k) or a traditional IRA with untaxed dollars. You took a tax deduction at the time you made the contributions.

Roth IRAs and Roth 401(k) contributions are made with after-tax dollars. These distributions aren't taxed when you take withdrawals, but you must have owned the Roth account for five years or longer.

Note

It's best to begin taking money from tax-deferred accounts—those for which you claimed tax deductions—after you retire. You might be in a lower tax bracket at that time, because you'll no longer be earning income from working.

Early 401(k) Withdrawal Rules

Early withdrawals are those that are taken from a 401(k) before you reach age 59 1/2. They're taxed as ordinary income. They're also subject to an extra 10% penalty, but there are some exemptions to this rule. You can take the money penalty-free if you're totally and permanently disabled, if you lose your job when you're at least age 55, or under the terms of a qualified domestic relations order (QDRO).

You can also use 401(k) money to pay for medical expenses that exceed 7.5% of your modified adjusted gross income (MAGI), as long as your insurer doesn't cover them. In other words, they came out of your own pocket.

Note

Not only will you lose a good chunk of your savings to taxes when you make an early withdrawal, but you'll also miss out on the growth that would have been made on the withdrawn amount.

Some 401(k) plans allow for hardship distributions, but these often must be approved by your employer. They have to be made for purposes of meeting a significant, immediate need. They also can be no more than the amount necessary to meet that need.

Borrowing From a 401(k)

A 401(k) loan can be a better option than an early distribution if your employer allows it. There's no credit check with this type of loan. Interest rates tend to be lower than with other types of loans as well, but fees can apply. You must pay yourself back with interest, and you must do so within five years—or almost right away if you leave your job.

You'll lose one of the main benefits of the 401(k) if you take a loan, because you must pay yourself back with after-tax money. You'll also miss out on what could be crucial months or years of earnings on that money.

Another major downside is that you might have to pay the loan back within 90 days if you leave your job for any reason. Your loan balance would be treated as taxable income in that year if you don't. That could push you into a higher tax bracket, and you might be hit with that 10% early withdrawal penalty as well.

Early IRA Withdrawal Rules

Early withdrawals from traditional IRAs are also subject to income taxes and the 10% penalty. They have many of the same exceptions to the penalty as 401(k)s, but there are a few differences.

You can withdraw early if you use the money to pay for certain higher education expenses, health insurance premiums that you have to pay while you're not employed, or a first-time home purchase.

Note

IRAs don't require a QDRO to divide the account after a divorce, but they're subject to certain rules all the same.

Roth 401(k) and Roth IRA Withdrawal Rules

Roth accounts are funded with after-tax dollars, so taking money from them isn't treated the same as taking it from regular IRAs and 401(k)s. Distributions are tax-free, provided that you're at least age 59 1/2 and you've held the Roth account for at least five years. The age rule doesn't apply if the account owner is disabled or dies.

There's still a 10% tax penalty for taking money early, but that's only on earnings. You can withdraw the amount of your original contributions tax-free before age 59 1/2, because you've already paid tax on that money.

Required Minimum Distributions

You must begin taking required minimum distributions (RMDs) from your traditional IRA account when you reach age 72. The IRS will penalize you 50% of the amount you should have taken out if you don't.

Note

The must-start age for RMDs was 70 1/2 prior to the passage of the SECURE Act of 2019. The age is now 72 for everyone born after June 30, 1949.

The IRS uses life expectancy tables to determine how much you must take out each year to avoid this 50% hit. But your 401(k) can remain intact as long as you're still working, and Roth IRA owners don't have to take RMDs at any time.

Frequently Asked Questions (FAQs)

How do you report a 401(k) withdrawal on a tax return?

Your plan custodian will send you a Form 1099-R, which will include the details you need to report on your tax form. If your withdrawal was an early withdrawal, you might need to complete Form 5329, which helps you calculate the tax on early distributions. If you only owe the additional 10% tax on the full amount of an early withdrawal, you may be able to report it directly on your Form 1040 Schedule 2.

What qualifies for a hardship withdrawal from a 401(k)?

If your 401(k) plan allows hardship distributions, they can only be made if the distribution is due to a heavy and immediate financial need. The distribution is also limited to the amount necessary to meet that need. Immediate financial needs include medical care expenses, costs related to buying a home, tuition and fees for higher education, payments to prevent eviction or foreclosure, funeral expenses, and certain expenses for repairing a home. You may need to document the expense so the plan knows it only distributed the amount necessary to cover the need.

Was this page helpful? Thanks for your feedback! Tell us why!

The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

  1. IRS. "Roth Comparison Chart."
  2. IRS. "Retirement Topics - Exceptions to Tax on Early Distributions."
  3. IRS. "Topic No. 558 Additional Tax on Early Distributions From Retirement Plans Other Than IRAs."
  4. IRS. "Retirement Topics - Hardship Distributions."
  5. IRS. "Retirement Topics - Plan Loans."
  6. IRS. "Considering a Loan From Your 401(k) Plan?"
  7. FINRA. "401(k) Loans, Hardship Withdrawals and Other Important Considerations."
  8. IRS. "Roth Comparison Chart."
  9. IRS. "Topic No. 557 Additional Tax on Early Distributions From Traditional and Roth IRAs."
  10. IRS. "Retirement Topics — Required Minimum Distributions (RMDs)."
  11. IRS. "Tax Time Guide: IRS Reminds Taxpayers of Recent Changes to Retirement Plans."
  12. IRS. "Retirement Plan and IRA Required Minimum Distributions FAQs."
  13. IRS. "Instructions for Form 5329 (2022)."
Understanding Your 401(k) Retirement Plan

Female financial advisor in discussion with client in office conference room

What Is a 401(k)?

Image shows financial goals to meet before maxing out your 401(k).

Why You Should—and Should Not—Max Out Your 401(k)

African American businessman working on laptop

The Best 401(k) Allocation Approaches for Low-Effort Investing

A man calculates his after-tax 401(k) contributions

Roth IRA vs. After-Tax 401(k) Contributions: What's the Difference?

Financial planner provides investing advice

What Is a 401(k) Match?

Businessman Using Laptop On Desk In Office

401(k) Investing: Maximize Your Retirement Plan

Woman working at a desk with a jar of cash labeled 401 K sitting on the desk..

Best 401(k) Funds

Family discussing retirement planning papers with a financial advisor

IRA and 401(k) Withdrawal Rules and Penalties

Image shows a woman withdrawing money from a safety deposit box. Text reads:

Can I Take Money From My 401(k) Before I Retire?

Image shows a woman looking at her medical bills and her 401(k) balance. Text reads:

What to Know Before Taking a 401(k) Hardship Withdrawal

Woman who doesn't know if she can take money from her 401k or know

Understanding the 401(k) Age 55 Rule

Woman with cash in her hands

What to Know Before Cashing Out Your 401(k)

A lesbian couple considers taking a loan from a 401(k) account

The Pros and Cons of Borrowing From Your 401(k)

A custom illustration shows

Your Guide To Taking Money Out of a 401(k) What You Need to Know About 401(k) Loans Before You Take One

Couple meeting with real estate agent in front of home

Borrowing From Your 401(k) To Buy a House 401(k) Contribution Limits for 2022 and 2023

Senior couple paying bills on living room sofa

How To Avoid Paying an Unnecessary 401(k) Penalty

A couple checking their 401K plan

If My Company Closes, What Happens to My 401(k)?

Woman with 401(k) jar

Think Twice Before Deciding What To Do With an Old 401(k)

How Do 401(k) Tax Deductions Work?

How Does a Pre-Tax 401(k) Work?

elderly couple at home meeting with an advisor

What Happens to a 401(k) When You Die?

Inherited 401(k) money in a jar

Inherited 401(k): Options and Rules You Must Follow Related Articles

Image shows financial goals to meet before maxing out your 401(k).

Why You Should—and Should Not—Max Out Your 401(k)

A smiling woman at a white home desk with a monitor, holding a cup of coffee

SEP-IRA Contribution Limits and Deadlines

Illustration of woman sitting at a desk

How to Calculate Your Modified Adjusted Gross Income

Woman on laptop at a table smiling

How Much in Taxes Should I Withhold From My Pension?

Can I withdraw from my 401(k) without a penalty? You can under age 55 only with a loan or hardship withdrawal, or by rolling it over into an IRA. You can between age 55 and 59 and a half only if you are retired and as long as you didn't retire before the year you turned 55. You can between age 59 and a half and age 72, but if you're still working you probably can't withdraw from your current employer's 401(k). And after age 72 you are required to take the minimum distributions.

At What Age Can I Withdraw Funds From My 401(k) Plan?

Person working on a laptop in an office

IRA vs. 401(k): What’s the Difference?

graphic showing two people on top of stack of books with a ruler and pencil.

Should You Max Out Your 401(k) or Your Roth IRA First?

African American businessman working on laptop

The Best 401(k) Allocation Approaches for Low-Effort Investing

Key factors of taxes in retirement are social security, IRA and 401(k), investment income, annuity distributions, and pensions

How to Calculate Taxes on Retirement Income

A man calculates his after-tax 401(k) contributions

Roth IRA vs. After-Tax 401(k) Contributions: What's the Difference?

Woman working on laptop with paperwork in a cafe

Roth or Traditional 401(k): Which Should I Choose?

Agreement and discussion

403(b) vs. 401(k) Retirement Accounts: What's the Difference?

Men standing by barbecue grill talking

401(k) vs. Health Savings Account (HSA) for Retirement: What's the Difference?

Senior couple working with bills at table

How Do Tax Laws for 401(k) Plans Affect You? 401(k) Contribution Limits for 2022 and 2023

Jar labeled 401k filled with money and a woman working in the background

7 Ways To Maximize Your 401(k) The Balance The Balance is part of the Dotdash Meredith publishing family. Newsletter Sign Up Newsletter Sign Up

We Care About Your Privacy

We and our 100 partners store and/or access information on a device, such as unique IDs in cookies to process personal data. You may accept or manage your choices by clicking below, including your right to object where legitimate interest is used, or at any time in the privacy policy page. These choices will be signaled to our partners and will not affect browsing data.

We and our partners process data to provide:

Store and/or access information on a device. Use limited data to select advertising. Create profiles for personalised advertising. Use profiles to select personalised advertising. Create profiles to personalise content. Use profiles to select personalised content. Measure advertising performance. Measure content performance. Understand audiences through statistics or combinations of data from different sources. Develop and improve services. Use limited data to select content. List of Partners (vendors)