401(k) Withdrawal Rules 2026: Rule of 55, Hardship, Loans and Every Penalty Exception
When a 401(k) withdrawal is free of the 10% additional tax, what counts as a hardship, how loans work (including for a house), and what each option costs in tax.
You can take money out of a 401(k) without the 10% additional tax at 59½, or from 55 if you leave that employer in or after the year you turn 55 (50 for public-safety employees), or earlier under a listed exception (IRS). Income tax is still due on pre-tax money. Required minimum distributions begin at 73, rising to 75 for anyone who turns 74 after 2032 (IRC §401(a)(9)(C)(v)).
Last updated 2026-11-04. Sources are linked next to each figure and listed at the end.
Penalty-free withdrawal ages
| Age | What changes | Source |
|---|---|---|
| 50 | Public-safety employees (state and local police and firefighters, and listed federal workers such as law-enforcement officers, firefighters, customs and border officers and air traffic controllers) who separate in or after the year they turn 50 escape the 10% tax on that plan | IRS; §72(t)(10) |
| 55 | The rule of 55: separate from the employer in or after the year you turn 55 and that employer’s plan pays without the 10% tax. An IRA does not qualify, and money rolled to an IRA loses the exception | IRS; §72(t)(2)(A)(v) |
| Any age | Substantially equal periodic payments (72(t)/SEPP) from a plan you have left or an IRA | IRS; §72(t)(2)(A)(iv) |
| 59½ | No 10% additional tax on any 401(k), 403(b) or IRA distribution | §72(t)(2)(A)(i) |
| 73 | Required minimum distributions start (the year you reach 73; a plan may let you wait until you retire if you do not own 5% of the business) | IRS RMD FAQs |
| 75 | RMD age for anyone who turns 74 after December 31, 2032 | §401(a)(9)(C)(v) |
A governmental 457(b) is different: its distributions are not subject to the 10% tax at all, except for amounts rolled in from another type of plan or an IRA (IRS). See the 457(b) plan page.
Every exception to the 10% additional tax
| Exception | Conditions | 401(k) | IRA | IRC |
|---|---|---|---|---|
| Age 59½ | Any distribution after you reach 59½ | Yes | Yes | 72(t)(2)(A)(i) |
| Rule of 55 | You leave the employer in or after the year you turn 55 (50 for public-safety employees); only that employer’s plan | Yes | No | 72(t)(2)(A)(v), 72(t)(10) |
| Substantially equal payments (72(t)/SEPP) | A series of substantially equal periodic payments | Yes | Yes | 72(t)(2)(A)(iv) |
| Disability | Total and permanent disability | Yes | Yes | 72(t)(2)(A)(iii) |
| Death | Paid to a beneficiary after the owner’s death | Yes | Yes | 72(t)(2)(A)(ii) |
| Medical expenses | Unreimbursed medical expenses above 7.5% of AGI | Yes | Yes | 72(t)(2)(B) |
| Birth or adoption | Up to $5,000 per child | Yes | Yes | 72(t)(2)(H) |
| Emergency personal expense | One a year, up to the lesser of $1,000 or the vested balance over $1,000 | Yes | Yes | 72(t)(2)(I) |
| Domestic abuse victim | Up to the lesser of $10,000 or 50% of the account | Yes | Yes | 72(t)(2)(K) |
| Disaster recovery | Up to $22,000 after a federally declared disaster where you live | Yes | Yes | 72(t)(2)(M), 72(t)(11) |
| Terminal illness | Certified by a physician | Yes | Yes | 72(t)(2)(L) |
| QDRO | Paid to an alternate payee under a qualified domestic relations order | Yes | No | 72(t)(2)(C) |
| IRS levy | Because of an IRS levy on the plan | Yes | Yes | 72(t)(2)(A)(vii) |
| Military reservist | Qualified reservists called to active duty | Yes | Yes | 72(t)(2)(G) |
| First home | Up to $10,000 for a qualified first-time homebuyer | No | Yes | 72(t)(2)(F) |
| Higher education | Qualified higher-education expenses | No | Yes | 72(t)(2)(E) |
| Health insurance while unemployed | Premiums paid while unemployed | No | Yes | 72(t)(2)(D) |
Planning to retire on rule-of-55 withdrawals? Model the years before 59½, Social Security and Medicare in one tax-aware plan: Personal PRO — Go PRO — $49 once →
What a $20,000 withdrawal costs (computed)
| Situation | Income tax added | 10% additional tax | Total federal |
|---|---|---|---|
| Age 50, still working, no exception | $3,753 | $2,000 | $5,753 |
| Age 56, left the employer at 55 (rule of 55) | $3,753 | $0 | $3,753 |
| Age 51, public-safety employee who left at 50 | $3,753 | $0 | $3,753 |
| Age 60 (after 59½) | $3,753 | $0 | $3,753 |
Run your own amount, age and state in the 401(k) withdrawal calculator, or set up a penalty-free series in the 72(t) SEPP calculator. The plan withholds 20% of most cash distributions for federal tax; the withholding may not cover the 10% additional tax (IRS Topic 558).
Hardship withdrawals
A plan may, but does not have to, allow hardship distributions. A hardship distribution must be for an immediate and heavy financial need and limited to the amount needed, including the taxes it causes (IRS). Under the regulation’s safe harbor these needs qualify automatically (Treas. Reg. §1.401(k)-1(d)(3)(ii)(B)):
- Medical care for you, your spouse, dependents or a primary beneficiary.
- Costs directly related to buying your principal residence (not mortgage payments).
- Tuition, fees and room and board for the next 12 months of post-secondary education.
- Payments to prevent eviction from, or foreclosure on, your principal residence.
- Burial or funeral expenses for a parent, spouse, child, dependent or primary beneficiary.
- Repair of casualty damage to your principal residence.
- Expenses and lost income from a FEMA-declared disaster where you live or work.
A hardship distribution is taxable (unless it is Roth money) and may also owe the 10% tax — hardship is not itself an exception. It cannot be repaid to the plan or rolled over. Since 2020 a plan may not stop your contributions because you took one (§1.401(k)-1(d)(3)(iii)(C)).
401(k) loans, including to buy a house
- How much: the lesser of 50% of your vested balance or $50,000; a plan may allow up to $10,000 when half the balance is less than that (IRS).
- Repayment: within 5 years, in substantially equal payments at least quarterly. A loan used to buy your principal residence may run longer than 5 years; the plan sets the term (IRS loan FAQs; §72(p)(2)(B)).
- If you leave the job: the plan can call the loan; an unpaid balance becomes a distribution, but you can roll that amount to an IRA by your tax-return due date, including extensions, to avoid the tax (IRS).
- Missed payments turn the remaining balance into a taxable “deemed distribution” that may also owe the 10% tax.
- IRAs cannot lend: borrowing from an IRA is a prohibited transaction (IRS).
A loan is not taxed if the rules are kept, so it is usually cheaper than a hardship withdrawal for a home down payment; the cost is the growth the borrowed money misses while it is out of the market. The 2026 employee deferral limit you can contribute back is $24,500 (Notice 2025-67).
Test your own plan, free: the planner runs your savings, spending, Social Security and taxes year by year across thousands of market paths.
Run the free retirement planner →Common questions
What is the rule of 55 for 401(k) withdrawals?
If you leave your employer (quit, retire or are laid off) in or after the year you turn 55, withdrawals from that employer’s 401(k) are free of the 10% additional tax. It is 50 for qualifying public-safety employees. It does not apply to IRAs or to plans from earlier jobs (IRS).
At what age can I withdraw from my 401(k) without penalty?
59½, or 55 under the rule of 55 (50 for public-safety employees), or any age under an exception such as substantially equal payments, disability or a qualified birth or adoption (IRC §72(t)). Income tax applies either way to pre-tax money.
What qualifies for a hardship withdrawal from a 401(k)?
If your plan allows them: medical bills, buying your main home, tuition, preventing eviction or foreclosure, funeral costs, home repair after a casualty, and FEMA-declared disaster losses (Treas. Reg. §1.401(k)-1(d)(3)). The withdrawal is taxable and may also owe the 10% tax.
Can I borrow from my 401(k) to buy a house?
If the plan offers loans, yes: up to the lesser of 50% of your vested balance or $50,000. A loan for your principal residence can be repaid over more than the usual 5 years (IRS).
Do I pay the 10% penalty on a hardship withdrawal?
Often yes. Hardship lets you take the money out of the plan; it is not an exception to the 10% tax. Some hardship uses also match an exception (for example medical expenses above 7.5% of AGI).
Sources
- IRS: Exceptions to tax on early distributions
- 26 U.S.C. §72 (including (p) loans and (t) the 10% additional tax)
- IRS: Hardship distributions
- Treas. Reg. §1.401(k)-1(d)(3)
- IRS: Retirement topics — loans
- IRS: Retirement plans FAQs regarding loans
- IRS: Required minimum distributions FAQs
- 26 U.S.C. §401(a)(9) (required beginning age)
- IRS Topic 558: Additional tax on early distributions
- IRS Notice 2025-67 (2026 limits)
The tax figures are computed by frontend/js/calc/household-tax-2026.js, the federal engine copy held to POST /api/federal-tax; the rules are quoted from the IRS pages and regulations above, read on 2026-11-04. QuantCalc is calculation software, not tax, legal, insurance or investment advice.
Related
401(k) withdrawal calculator → 72(t) SEPP calculator → Penalty-free withdrawals before 59½ → RMD rules 2026 → When can I retire? → Retirement plans compared →