JohnB5677
Expert Alumni

Retirement tax questions

With a limited number of exceptions, any distribution from a 401-K to a person under the age of 59 1/2 will incur the 10% penalty.  As a general rule, the 401-K administrator (Fidelity) would have sent you some communication informing you that you had the option to move your 401-K into a personal IRA.  However, they are not required to do that.  Unfortunately, you have no recourse other than to pay the 10% penalty.

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