I took out a loan against my plan and have missed some payments. What do I do?

When your loan was taken out you signed a promissory note that required you to make monthly payments. If those payments have not been made pursuant to the agreement then the loan is in default.

A loan that is in default is generally treated as a taxable distribution from the plan of the entire outstanding balance of the loan. You would then receive a 1099-R at the end of the year.

Your loan may allow for a “cure period” that would allow you to make up for a missed payments. It also may allow for suspended repayments for a leave of absence. But it may not extend the loan’s maximum repayment period.

So there may be two options at this point:

• You can leave the loan in default and it will be an assumed deemed distribution. In this case, a 1099-R will be issued at the end of the year and loan will be taxable; or
• The loan can be re-amortized over the remaining period. This cannot exceed 5 years.

Please see add’l IRS information at https://www.irs.gov/retirement-plans/401k-plan-fix-it-guide-participant-loans-do-not-conform-to-the-requirements-of-the-plan-document-and-irc-section-72p

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Emparion, LLC does not provide legal, investment or tax advice. The information herein is general and educational in nature and should not be considered legal or tax advice. Tax laws and regulations are complex and subject to change, which can materially impact financial results. Emparion cannot guarantee that the information herein is accurate, complete, or timely. Emparion makes no warranties with regard to such information or results obtained by its use, and disclaims any liability arising out of your use of, or any tax position taken in reliance on, such information. Please consult an attorney or tax professional regarding your specific situation.