401(k) Withdrawal Rules: How to Avoid Penalties (2024)

Employer-sponsored 401(k) plans allow employees to contribute a portion of their salary to retirement savings before Internal Revenue Service (IRS) tax withholding. Companies commonly match a percentage of the employee’s contribution and add it to the 401(k) account.

For those who invest in a plan, there are withdrawal rules if you want to take money out without incurring a penalty. Generally speaking, you may withdraw funds from your retirement savings account anytime, but if you do so before you reach age 59½, you may face an IRS charge of 10%.

According to 401(k) withdrawal rules, penalty-free withdrawals (called qualified distributions) are allowed once you reach age 59½. And, after age 72 or 73, depending on the year you were born, you must take required minimum distributions (RMDs) from either a 401(k) or an individual retirement account (IRA).

Here’s a look at the 401(k) withdrawal rules and how you can avoid the IRS 10% penalty if you withdraw money from your account early.

Can I Cancel My 401(k) and Cash Out While Still Employed?

No, you usually can’t close an employer-sponsored 401k while you’re still working there. You could choose to suspend payroll deductions; however, you would lose pretax benefits and any employer matches.

Key Takeaways

  • 401(k) withdrawal rules affect when account holders can take withdrawals without penalty.
  • If you retire after age 59½, you can start taking withdrawals without paying an early withdrawal penalty.
  • The IRS allows for hardship withdrawals that usually are not subject to the 10% penalty.
  • You may be able to make a penalty-free withdrawal if you meet certain criteria, such as adopting a child, becoming disabled, or suffering economic losses from a federally declared disaster.
  • To keep contributing after retirement, you’ll need to roll over your 401(k) into an individual retirement account (IRA) and have earned income that you can add to the account.
  • With both a 401(k) and a traditional IRA, you will be required to take minimum distributions starting at age 72 or 73, depending on the year you were born.

401(k) Withdrawals Before Age 59½

Tax-advantaged retirement accounts, such as 401(k)s, exist to ensure that you have enough income when you get old, finish working, and no longer receive a regular salary.

From time to time, you may be eager to tap into your funds before you retire; however, if you succumb to those temptations, you will likely have to pay a hefty price. This can include early withdrawal penalties and taxes: federal and state income taxes and a 10% penalty on the amount that you withdraw.

Most Americans retire in their mid-60s, and the Internal Revenue Service (IRS) allows you to begin taking distributions from your 401(k) without a 10% early withdrawal penalty as soon as you are 59½ years old. But you still have to pay taxes on your withdrawals.

401(k) Penalty-Free Early Distributions

You may be able to withdraw from your 401(k) without incurring the 10% early distribution penalty in the following circ*mstances:

  • You choose to receive a series of substantially equal payments from your account
  • You retire, lose your job, or leave to take a new job when you are 55 or older (or 50 if you are a public safety employee, including federal law enforcement officers, corrections officers, and air traffic controllers, among others); this only applies to the 401(k) from the employer you just left
  • A court’s qualified domestic relations order requires that you cash out a 401(k) to split it with your ex-spouse
  • You’re a domestic abuse survivor (you can withdraw up to $10,000 or 50% of the account, whichever is less)
  • You give birth or adopt a child ($5,000 per child for qualified birth or adoption expenses)
  • You have a personal or family emergency for which you can take an emergency distribution of up to $1,000 in a calendar year
  • You are terminally ill
  • You are or become disabled
  • You rolled over the account to another retirement plan within 60 days
  • You are deceased and payments were made to your beneficiary or estate after your death
  • The money was used to pay an IRS levy
  • You have experienced economic loss due to a federally declared disaster
  • You have unreimbursed medical expenses that are greater than 7.5% of your adjusted gross income (AGI)
  • You’re a qualified military reservist called to active duty
  • You were automatically enrolled in a 401(k) and you want to get out (within specified time limits), or you made corrective distributions for excess contributions

It’s wise to consult with a tax advisor if you have any questions about whether any withdrawals you make from your 401(k) will involve a penalty as well as taxes.

401(k) Hardship Withdrawals

Under certain circ*mstances, the IRS allows for what are known as hardship distributions for “an immediate and heavy financial need.” The distribution can only be for the amount required to satisfy that particular financial need, and it must be in compliance with your 401(k) plan terms.

Here are the life events that generally qualify for a hardship withdrawal and that may not be subject to the 10% penalty:

  • Medical bills for you, your spouse, or your dependents
  • Costs directly related to the purchase of your home (excluding mortgage payments)
  • College tuition, related fees, and room and board for the next 12 months for you, your spouse, or your dependents
  • Money to avoid eviction or foreclosure on your primary residence
  • Funeral expenses for you, your spouse, or your children or dependents
  • Certain expenses to repair damage to your home

To qualify for a hardship withdrawal, you must show your plan administrator that you were unable to obtain the needed funds from another source. The distributions are subject to income tax (unless they are Roth contributions; see “Taxes on 401(k) Distributions,” below), and they cannot be repaid into the plan or rolled over into another plan or IRA.

How to Take 401(k) Withdrawals

Depending on your company’s rules, when you retire, you may elect to take regular distributions in the form of an annuity, either for a fixed period or over your anticipated lifetime, or take nonperiodic or lump-sum withdrawals.

When you take withdrawals from your 401(k), the remainder of your account balance continues to be invested according to existing allocations. This means that the length of time over which withdrawals can be taken and the amount of each withdrawal depend on the performance of your investment portfolio.

Taxes on 401(k) Distributions

If you take qualified distributions from a traditional 401(k), all distributions are subject to ordinary income tax. Contributions were deposited from your paycheck before being taxed, deferring the taxation process until the withdrawal date. In other words, when you eventually tap into your 401(k) funds, distributions are treated as taxable earnings for that year, on top of any other money that you make.

On the other hand, if you have a designated Roth account within a 401(k) plan, you have already paid income taxes on your contributions, so withdrawals are not subject to taxation. Roth accounts allow earnings to be distributed tax free as well, as long as the account holder is over age 59½ and has held the account for at least five years.

Keeping Your Money in a 401(k)

Depending on your age, you are not required to take distributions from your account as soon as you retire. While you cannot continue to contribute to a 401(k) held by your former employer, your plan administrator is required to maintain your plan if you have more than $5,000 invested. Anything less than $5,000 will likely trigger a lump-sum distribution.

If you do not need your savings immediately after retirement, then let them continue to earn investment income in the 401(k). As long as your money remains in your 401(k), it is not subject to any taxation.

If your account has $1,000 to $5,000, your company is required to roll over the funds into an IRA if it forces you out of the plan—unless you opt to receive a lump-sum payment or roll over the funds into an IRA of your choice.

Required Minimum Distributions

While you don’t need to start taking distributions from your 401(k) the minute you stop working, you must begin taking required minimum distributions (RMDs) when you turn 73, if you were born in 1951 to 1959, and 75 if you were born in 1960 or later. The age for RMDs had been 72 until Congress passed SECURE 2.0 in December 2022.

If you wait until you are required to take your RMDs, then you must begin withdrawing regular, periodic distributions calculated based on your life expectancy and account balance. While you may withdraw more in any given year, you cannot withdraw less than your RMD.

Converting a 401(k) to an IRA

You cannot contribute to a 401(k) after you leave your job. So, if you want to continue adding money to your tax-advantaged retirement savings, you’ll need to roll over your account(s) into an IRA.

Previously, you could contribute to a Roth IRA indefinitely but could not contribute to a traditional IRA after age 70½; however, the Setting Every Community Up for Retirement Enhancement (SECURE) Act changed the law so you can now contribute to a traditional IRA for as long as you like, provided you have earned money.

Keep in mind that you can only contribute earned income, not gross income, to either type of IRA. So this strategy will only work if you have not retired completely and still earn “taxable compensation, such as wages, salaries, commissions, tips, bonuses, or net income from self-employment,” as the IRS puts it. You can’t contribute money from either investments or your Social Security check, though certain types of alimony payments may qualify.

How to Roll Over Funds

To execute a rollover of your 401(k), you can ask your plan administrator to distribute your savings directly to a new or existing IRA. Alternatively, you can elect to take the distribution yourself; however, in this case, you must deposit the funds into your IRA within 60 days to avoid paying taxes on the income.

Traditional 401(k) accounts can be rolled over into either a traditional IRA or a Roth IRA, whereas designated Roth 401(k) accounts must be rolled over into a Roth IRA.

Traditional IRA and Roth IRA Withdrawals

Like traditional 401(k) distributions, withdrawals from a traditional IRA are subject to your normal income tax rate in the year when you take the distribution.

Withdrawals from Roth IRAs, on the other hand, are entirely tax free if they are taken after you reach age 59½ (or see out a five-year holding period, whichever is later).

However, if you decide to roll over the assets in a traditional 401(k) to a Roth IRA, you will owe income tax on the full amount of the rollover. That’s because with Roth IRAs, you pay taxes upfront (and you haven’t yet paid taxes on contributions made to your 401(k)).

Traditional IRAs are subject to the same RMD regulations as 401(k)s and otheremployer-sponsored retirement plans; however, there is no RMD requirement for a Roth IRA.

Can I Take All My Money Out of My 401(k) When I Retire?

You are free to empty your 401(k) as soon as you reach age 59½—or 55, in some cases. It’s also possible to cash out earlier, although doing so would trigger a 10% early withdrawal penalty.

What Is a Hardship Withdrawal?

A hardship withdrawal is a withdrawal from your 401(k) for what the IRS calls “an immediate and heavy financial need.” The type of needs that qualify include expenses to prevent eviction or foreclosure from your home, certain medical expenses, the cost of repairs from casualty losses to your principal residence, and burial expenses, among others. To qualify, you must show that you have no other assets or insurance to cover the need. And your 401(k) plan must allow hardship distributions.

What Proof Do You Need for a Hardship Withdrawal?

If your plan permits hardship distributions, you must supply a statement of financial need and have documents (such as estimates, contracts, bills, and statements from third parties) that substantiate it. Depending on the need, documentation might include invoices from a college or a funeral home, hospital bills, bank statements, or court records. The documentation is for tax purposes and usually doesn’t need to be disclosed to your employer or plan sponsor.

How Long Does It Take to Get a 401(k) Distribution?

Times can vary, depending on who administers the account. For a more precise time frame, contact the HR department of the company for which you worked or the financial institution managing the funds.

Can I Just Cash Out My 401(k)?

If you have reached the age of 59½ (or 55 or 50, in certain cases), you can cash out your 401(k). But keep in mind that you have to pay taxes on whatever you withdraw. Depending on the size of your account, you could be facing a huge tax bill, especially since those funds may bump you into a higher tax bracket. Instead of cashing out, another option would be to convert your account into an IRA so that you have a wider range of investment options to keep your money growing until you need it.

What Are My 401(k) Options After Retirement?

Generally speaking, retirees with a 401(k) have the following choices:

  • Leave your money in the plan until you reach the age when you start to take required minimum distributions
  • Convert the account into an individual retirement account
  • Start cashing out via a lump-sum distribution, installment payments, or purchasing an annuity through a recommended insurer

The Bottom Line

Rules controlling 401(k) withdrawals and what you can do with your 401(k) after retirement are very complicated, and shaped by both the IRS and the company that set up the plan. Consult your company’s plan administrator for details. It may also be a good idea to talk to a financial advisor before making any final decisions about your retirement account.

401(k) Withdrawal Rules: How to Avoid Penalties (2024)

FAQs

401(k) Withdrawal Rules: How to Avoid Penalties? ›

401(k) withdrawal rules affect when account holders can take withdrawals without penalty. If you retire after age 59½, you can start taking withdrawals without paying an early withdrawal penalty. The IRS allows for hardship withdrawals that usually are not subject to the 10% penalty.

How to avoid penalty on 401k withdrawal? ›

Common penalty-free exceptions
  1. You are terminally ill.
  2. You become or are disabled.
  3. You gave birth to a child or adopted a child during the year (up to $5,000 per account).
  4. You rolled the account over to another retirement plan (within 60 days).
  5. Payments were made to your beneficiary or estate after you died.
Aug 26, 2024

What are the 2 exceptions to withdrawing funds from a 401 K early without a penalty? ›

Exceptions to the 10% additional tax
ExceptionThe distribution will NOT be subject to the 10% additional early distribution tax in the following circ*mstances:Qualified plans (401(k), etc.)
Deathafter death of the participant/IRA owneryes
Disabilitytotal and permanent disability of the participant/IRA owneryes
22 more rows

Can I withdraw money from my 401k without penalty? ›

You may be eligible to take early distributions from your 401(k) without penalty if you meet certain criteria with a hardship distribution. It requires an immediate and heavy financial burden you couldn't afford to pay. 7 Hardship distributions are only allowed up to the amount needed to relieve the hardship.

How do I avoid 20% tax on my 401k withdrawal? ›

Deferring Social Security payments, rolling over old 401(k)s, setting up IRAs to avoid the mandatory 20% federal income tax, and keeping your capital gains taxes low are among the best strategies for reducing taxes on your 401(k) withdrawal.

Is there a way to withdraw from 401k without paying taxes? ›

Bottom Line. You can't take distributions from your 401(k) without paying taxes. And, if you take distributions before turning 59.5, you'll also pay a 10% penalty. You can temporarily access 401(k) funds by using rollovers and 401(k) loans.

What is the best way to withdraw money from a 401k after retirement? ›

The 4% rule is a strategy that says you should withdraw 4% of your retirement savings in your first year of retirement. In subsequent years, tack on an additional 2% to adjust for inflation. For example, if you have $1 million saved under this strategy, you would withdraw $40,000 during your first year in retirement.

What are the new 401k withdrawal rules for 2024? ›

New rules make it easier to tap your retirement account for emergency funds. In 2024, you can cash out as much as $1,000 from a traditional 401(k) or IRA to cover an urgent need. And here's a big change: You get to define what counts as an emergency. More Americans are raiding retirement accounts for emergency cash.

What exempts you from the early withdrawal penalty? ›

Qualified higher-education expenses for you and/or your dependents. First home purchase, up to $10,000 (lifetime limit). Qualified reservist distributions. Certain distributions to qualified military reservists called to active duty.

What qualifies as a hardship withdrawal? ›

Understanding 401(k) Hardship Withdrawals

Immediate and heavy expenses can include the following: Certain expenses to repair casualty losses to a principal residence (such as losses from fires, earthquakes, or floods) Expenses to prevent being foreclosed on or evicted. Home-buying expenses for a principal residence.

How to borrow from a 401k without penalty? ›

Substantially Equal Periodic Payments (SEPP)

The IRS allows those under the age of 59 ½ to withdraw from their 401(k) plans without the 10% additional penalty if they do so in the form of a series of substantially equal payments (SoSEPP) over their remaining life expectancy.

What are the new rules for 401k withdrawal? ›

Financial emergencies: The SECURE 2.0 Act added this new exception in 2024 that allows one penalty-free retirement account distribution of up to $1,000 per year to cover emergency expenses. These are defined as unforeseeable or immediate financial needs relating to personal or family emergencies.

Can I withdraw from my 401k without reason? ›

401(k) withdrawals

Also, some plans allow a non-hardship withdrawal, but all plans are different, so check with your employer for details. Pros: You're not required to pay back withdrawals of the 401(k) assets. Cons: Hardship withdrawals from 401(k) accounts are generally taxed as ordinary income.

What is the best tax strategy for 401k withdrawal? ›

One of the easiest ways to lower the amount of taxes you have to pay on 401(k) withdrawals is to convert to a Roth IRA or Roth 401(k). Withdrawals from Roth accounts are not taxed. Some methods allow you to save on taxes but also require you to take out more from your 401(k) than you actually need.

How do I avoid 10% penalty on 401k withdrawal? ›

Here are the ways to take penalty-free withdrawals from your IRA or 401(k)
  1. Unreimbursed medical bills. ...
  2. Disability. ...
  3. Health insurance premiums. ...
  4. Death. ...
  5. If you owe the IRS. ...
  6. First-time homebuyers. ...
  7. Higher education expenses. ...
  8. For income purposes.
Feb 7, 2024

Do you get double taxed on a 401k withdrawal? ›

Do you pay taxes twice on 401(k) withdrawals? We see this question on occasion and understand why it may seem this way. But, no, you don't pay income tax twice on 401(k) withdrawals. With the 20% withholding on your distribution, you're essentially paying part of your taxes upfront.

What proof do you need for a hardship withdrawal? ›

What Proof Do You Need for a Hardship Withdrawal? You must provide adequate documentation as proof of your hardship withdrawal. 2 Depending on the circ*mstance, this can include invoices from a funeral home or university, insurance or hospital bills, bank statements, and escrow payments.

Why is it a bad idea to withdraw from 401k? ›

You could face a high tax bill on early withdrawals

If you're under 59½, you may get hit with both ordinary income taxes and an additional 10% federal income tax. What's more, you could miss out on years of potential investment gains.

Can I cash out my 401k while still employed? ›

You can do a 401(k) withdrawal while you're still employed at the company that sponsors your 401(k), but you can only cash out your 401(k) from previous employers. Learn what do with your 401(k) after changing jobs.

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