Generally, early distributions from a retirement account are income and you must report it on your return. The short answer is that yes, you can withdraw money from your 401(k) before age 59 ½.Once you reach age 59.5, you may withdraw money from your 401(k) penaltyfree. Also, an early distribution penalty tax (10 percent federal and 2½ percent California) may apply unless you qualify for an exception. The money you contribute after tax (if you choose to do so) can be withdrawn once each calendar year. See the Form 1040 instructions to determine if you are required to complete Form 8959. The City of Oakland is an equal opportunity employer that values workforce diversity, inclusion, and equity. Overview of California Taxes. California has the highest top marginal income tax rate in the country. Our vision is to transform financial lives through advice, people and technology.