Retirement tax questions

You can withdraw up to $10,000 from an IRA if you are a qualified first-time home buyer, and be exempted from the 10% early withdrawal penalty.  You would still have to pay regular income tax.  This means that you need to move up to $10,000 from the 401k to an IRA, this is called a rollover.  (Open a new IRA, rollover the money, then withdraw it.). If you withdraw directly from the 401k, you do not qualify for the penalty exception.  If you withdraw more than $10,000 from an IRA, you will still pay the 10% penalty on everything over $10,000, plus regular income tax on the entire amount. 

https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-exceptions-to-tax-o...

 

"First time" home buyer for this rule means that you, and your spouse if married, did not own any home you lived in as your main residence for at least 2 years prior to closing on the present home.  (Amusingly, this means you could own other property or a vacation home, you just can't have owned your main residence.)