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If I take 401k distribution and I am unemployed, would I still pay penalty? Assume unemployed for more than 6 months.

 
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Anonymous
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If I take 401k distribution and I am unemployed, would I still pay penalty? Assume unemployed for more than 6 months.

Please see these exceptions to the 10% early withdrawal penalty:

https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-tax-on-early-distri...

You might qualify for the equal payments or separation of service exceptions.  You will need to confirm with the 401(k) administrator that the 1099-R has the correct code for the exception in order to avoid an IRS notice later on.

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