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TAX GUIDE

401(k) Early Withdrawal Penalty 2026: 10% Tax and Exceptions

KEY INSIGHT
Taking money from a 401(k) before age 59½ usually triggers a 10% additional federal tax on the taxable part of the withdrawal, on top of ordinary income tax; for example, a fully taxable $20,000 early withdrawal adds $2,000 of additional tax (IRS Topic 558). Exceptions include separation from service in or after the year you reach age 55, disability, and several others listed below.
At a glance

Key Facts

Additional tax
10% of the taxable part
Age threshold
59½
Separation from service
In or after the year you reach 55 (employer plan)
Reported on
Schedule 2, Form 5329
Introduction

Pulling money out of a 401(k) before age 59½ usually costs you a 10% additional federal tax on top of regular income tax. But there are many exceptions, and they are different for 401(k) plans than for IRAs.

This guide explains the tax, the exceptions in IRS Topic 558, how IRAs differ, how to report it on Schedule 2 and Form 5329, and worked examples, using IRS Topics 557 and 558 and the Instructions for Form 5329.

Section 01

The 10% Additional Tax

The IRS says the law imposes a 10% additional tax on certain early distributions from certain retirement plans, equal to 10% of the portion of the distribution that is includible in gross income. Early distributions are generally those received from a qualified retirement plan or deferred annuity contract before reaching age 59½. A qualified plan includes a section 401(a) plan such as a 401(k), a section 403(b) tax-sheltered annuity and an individual retirement account. The tax is in addition to regular income tax on the same money.

In general an eligible state or local government section 457 plan is not a qualified retirement plan, so its distributions are not subject to the 10% additional tax, except for amounts it received by direct transfer or rollover from a qualified plan. Rollovers to another qualified plan are not taxable and are not subject to the additional tax.

Section 02

Exceptions for 401(k) and Other Employer Plans

Exception (IRS Topic 558)Notes from the IRS
Separation from service after age 55Payments after you separate from service with your employer after attaining age 55. The Form 5329 instructions and Publication 575 say the separation must happen in or after the year you reach age 55 (an earlier separation does not qualify); see our Rule of 55 guide
Total and permanent disabilityDistributions made because you are totally and permanently disabled
Terminal illnessDistributions made to you because you are terminally ill
DeathDistributions to your beneficiary or estate on or after your death
Substantially equal periodic paymentsOver your life expectancy; from a plan other than an IRA you must separate from service before payments begin
Medical expensesTo the extent of deductible medical expenses above 7.5% of adjusted gross income
Qualified domestic relations orderDistributions to a spouse or former spouse as alternate payee
Birth or adoptionUp to $5,000 if the distribution is a qualified birth or adoption distribution from a defined contribution plan
Emergency and domestic abusePersonal or family emergency expenses, and victims of domestic abuse by a spouse or domestic partner, for distributions after 12/31/2023. Emergency distributions are limited to one a year of up to $1,000; domestic abuse distributions to the lesser of 50% of the vested account or $10,000 (indexed for inflation), per IRS Notice 2024-55
Public safety employeesGovernmental plan, separated from service during or after the year of age 50 or 25 years of service
Long-term care insuranceNew for distributions made after December 29, 2025: certain distributions from an employer defined contribution plan for certified long-term care insurance, capped at the least of the premiums, 10% of the vested balance and an inflation-indexed $2,600 (IRS Notice 2026-33; the 2026 Form 5329 instructions are still a draft)
Federally declared disaster, IRS levy, reservistAlso listed by the IRS

The IRS list also includes some narrower items, such as certain dividends from employee stock ownership plans, phased retirement annuity payments for federal employees, private-sector firefighters and pension-linked emergency savings account distributions. For details see IRS Publication 575 and the Instructions for Form 5329.

Section 03

IRAs Have a Different List

The IRS says traditional and Roth IRAs carry the same 10% additional tax on early distributions unless an exception applies, and it applies to the part you must include in gross income. The IRA list differs from the employer-plan list: for example, IRAs have exceptions for up to $10,000 used in a qualified first-time home purchase and for qualified higher education expenses (the $10,000 cap applies to the home purchase), while the age-55 separation exception and the qualified domestic relations order exception do not apply to IRAs. SIMPLE IRA distributions within 2 years of first participating are taxed at 25% instead of 10%, according to the Form 5329 instructions.

Section 04

Worked Examples

Situation10% additional taxRegular income tax (assumed 22% bracket)Federal total
Age 45, $20,000 fully taxable 401(k) withdrawal, no exception$2,000$4,400$6,400
Age 45, $30,000 withdrawal, no exception$3,000$6,600$9,600
Age 56, separated from service this year, $20,000 withdrawal$0 (exception)$4,400$4,400

These are our illustrations. The 22% bracket is an assumption, not a recommendation; your rate depends on your income, and state tax and withholding are separate. The exceptions waive only the 10% additional tax, not the regular income tax.

Section 05

Reporting It

The IRS says to report the 10% additional tax on Schedule 2 (Form 1040) and attach it to your Form 1040. You must also file Form 5329 if the distribution is subject to the tax and distribution code 1 is not shown in box 7 of Form 1099-R, or if an exception applies but the code box does not identify it or is wrong. If code 1 is correctly shown and no exception applies, you may enter the tax directly on Schedule 2 (line 8) without Form 5329, provided you owe the additional tax on the full amount shown on each Form 1099-R. For the 401(k) contribution rules see our 401(k) limits guide and for state treatment see states that do not tax 401(k) withdrawals.

Section 06

Official Sources

IRS Topic 558: Additional tax on early distributions from retirement plans other than IRAs, IRS Topic 557: Additional tax on early distributions from traditional and Roth IRAs, IRS: Instructions for Form 5329 (2025).

FAQ

Frequently Asked Questions

What is the penalty for early withdrawal from a 401(k)?

A 10% additional tax on the portion of the distribution that is includible in gross income, plus regular income tax, unless an exception applies.

At what age can I withdraw from a 401(k) without the 10% penalty?

Generally age 59½. Distributions from an employer plan after you separate from service in or after the year you reach age 55 are also excepted; see our Rule of 55 guide.

What is the Rule of 55 for 401(k) withdrawals?

The exception for distributions from an employer plan made after you separate from service in or after the year you reach age 55. Separating earlier and waiting until 55 to withdraw does not qualify (Publication 575).

What are the exceptions to the 401(k) early withdrawal penalty?

Disability, terminal illness, death, substantially equal payments, medical expenses above 7.5% of AGI, QDRO payments, birth or adoption up to $5,000, emergency and domestic abuse distributions, public safety employees, disasters, IRS levies and, from 2026, certain long-term care insurance distributions, among others.

What are IRA withdrawal exceptions?

IRAs include exceptions such as up to $10,000 for a qualified first-time home purchase and qualified higher education expenses (the $10,000 cap applies to the home purchase), plus several shared with employer plans.

Does a rollover trigger the penalty?

No. The IRS says rollovers that are not taxable are not subject to the additional tax.

Do I have to file Form 5329?

Not if Form 1099-R correctly shows code 1 in box 7, no exception applies and you owe the tax on the full amount; you can report the tax directly on Schedule 2. Otherwise you may need Form 5329.

Is a 457(b) withdrawal penalized?

In general no: the IRS says an eligible state or local government section 457 plan's distributions are not subject to the 10% tax, except amounts rolled in from qualified plans.

Do the exceptions remove income tax?

No. They remove only the 10% additional tax; the taxable part is still included in income.
Disclaimer:This guide gives general tax information for educational purposes and is not tax, legal or financial advice. Rules, forms and deadlines are set by the authorities named here and can change; check the official sources linked in this guide and talk to a qualified tax professional about your own situation.
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