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I desperately need access to my money in my Roth 401k at work (according to me). However, my situation does not qualify me to take money out under current CARES Act rules though both the Treasury and IRS are still formulating guidance.

Assuming the IRS disqualifies my withdrawal under CARES Act I expect to pay the 10% early withdrawal penalty, and pay income taxes on the amount withdrawn as well.

However:

  1. I'm over 60 and my understanding is the early withdrawal penalty applies to people withdrawing before they're 59-1/2 years old

  2. The money I intend to withdraw is after-tax contributions from a Roth 401k which should be tax free

Any thoughts?

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    What is the question? – JohnFx Sep 1 '20 at 0:12
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    Are you still working for the employer? – yoozer8 Sep 1 '20 at 12:17
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The CARES act is irrelevant. If you are over 59 1/2 you can withdraw Roth funds with no penalty or taxes as long as you have held the account for at least 5 years.

Here is a summary of the withdrawal rules.

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