Rollover into a 401K, then withdrawal before age 59 1/2

[BBS1]

My company 401K plan states that for amounts rolled into the 401K from other retirement accounts, if those rollover amounts are requested to be withdrawn from the 401K, they can be withdrawn at any time, i.e. it is not a hardship withdrawal. Do you know why this is the case? And does this standard withdrawal hold regardless of the type of funds rolled in (pre-tax, post-tax, Roth)? And even though a standard withdrawal is allowed, for those under 59 1/2 does the 10% early withdrawal penalty still apply? Are both principal and earnings taxable income, or does that depend on the type of funds rolled into the 401K?

[K M W · Accepted solution]

Each company's 401(k) plan has specific provisions that govern the terms of the plan. You should consult your plan's Summary Plan Description or contact your plan administrator to understand what specific early withdrawals, including hardship, loans, or other exceptions, are permitted under your plan.

With that being said, however a 401(k) plan cannot generally allow an in-service withdrawal of your elective deferrals (pre-tax or Roth contributions) for a purely non-emergency, "any reason" purpose. However, if your plan has certain provisions, there are some types of money in a 401(k) account that can be withdrawn at any time, for any reason, as follows:

• Voluntary After-Tax Contributions: A plan can permit the withdrawal of after-tax contributions at any time, but the withdrawal of earnings on these contributions would still be restricted.

• Rollover Contributions: A  plan can permit the withdrawal of money rolled over from a previous employer's plan or an IRA at any time.

It sounds like your plan does allow for rollover contributions to be withdrawn at any point of time; however keep in mind that even if the plan allows the withdrawal, a distribution that occurs before you are 59 1/2 would be subject to the 10% early withdrawal penalty unless you meet one of the IRS exceptions to the penalty.

You can find a list of these exceptions on the IRS website, here:  IRS Exceptions to Early Distribution Penalty 

As to what is subject to income taxes and the early penalty, if all the funds in the IRA are pre-tax, then the entire amount withdrawn would be subject to income taxes and possible penalty.