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Updated over 4 years ago on . Most recent reply

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Malik Sesay
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Taking money from 401k

Malik Sesay
Posted

401k

How can I go about finding the % penalty for taking money from 401k for real estate investment?

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George Blower
  • Retirement Accounts Attorney
  • Southfield, MI
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George Blower
  • Retirement Accounts Attorney
  • Southfield, MI
Replied

@Malik Sesay

Keep in mind that in order to take a distribution under the CARES Act you must have been impacted by the virus in one of the enumerated ways.

If so, you can take a penalty-free distribution (as well as waive the 20% withholding requirement) from your 401k (assuming that the employer allows it) anytime between 1/1/2020 and 12/31/2020. You may avoid the taxes if you deposit the funds in an eligible retirement plan (which includes anIRA) within "3 years and a day" of the date of the COVID-19 distribution (note: compare to a 60-day rollover). Please note that the account into which the funds are deposited must be the same type of account from which the funds were first withdrawn (e.g. withdrawal of pre-tax funds from a 401k could be deposited in a pre-tax IRA but not a Roth IRA - "like to like").

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