An interior income provider (IRS) Chief Counsel Advice memo issued to aid counsel in another of the agency’s offices that are regional
The memo, dated August 30, offers two illustrations showing how installment that is missed might be made without penalty. One makes use of a later on, bigger re payment plus the other employs an alternative loan. Both circumstances occur inside the plan’s that is hypothetical loan remedy duration.
Two Examples Offered
Both examples depend on the important points that: (1) the k that is 401( plan at issue allows plan loans and permits for a remedy duration; and (2) that on January 1, 2018, the participant obtains an agenda loan that will not surpass the permitted restriction on such loans, isn’t a mortgage, has a lawfully enforceable contract, and it is repayable in equal installments at the conclusion of every month associated with the agreement, which will be amortized over 5 years.
The plan’s cure period lets a participant make up a missed installment payment by the last day of the calendar quarter after the calendar quarter in which the installment was due in this case.
The amount of the loan will be treated as having been received by the participant as a distribution from the plan as background, the federal tax code’s Section 72(p), which governs plan loans, provides that if a participant receives (directly or indirectly) a loan from a qualified employer retirement plan. If an agenda loan satisfies these needs but repayments aren’t built in accordance using the loan’s terms, then a considered circulation of this loan which may be taxable happens, the IRS memo stated.