An interior income provider (IRS) Chief Counsel Advice memo issued to help counsel in another of the agency’s regional workplaces prov
The memo, dated August 30, offers two pictures showing how missed installments might be constructed without penalty. One makes use of a later on, larger re re payment as well as the other employs an alternative loan. Both circumstances happen in the plan’s that is hypothetical loan remedy duration.
Two Examples Offered
Both examples depend on the important points that: (1) the 401(k) plan at issue allows plan loans and permits for a remedy period; and (2) that on January 1, 2018, the participant obtains an agenda loan that doesn’t surpass the allowed limitation on such loans, is certainly not a mortgage, includes a legitimately enforceable agreement, and it is repayable in equal installments by the end of every month for the agreement, that is 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.