You need to determine from your 401(k) records how much of the 401(k) Roth consisted of your own contributions. You can withdraw your own contributions from the Roth IRA both tax and penalty free. Only after all your own contributions have been withdrawn are the earnings withdrawn. The earnings, if withdrawn, and if you are under age 59 1/2 would be subject the the 10% penalty, but up to $10,000 of the earnings could be excluded if used to purchase a first home.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
