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BenefitsLink Message Boards > Retirement Plans > Distributions and Loans, Other than QDROs
KMP
If a participant is using a loan for the down payment on a principal residence, can the term exceed 5 years, or if they exceed 5 years, is the loan determined to be part of the mortgage?
Belgarath
Yes, it can exceed 5 years.
mbozek
By part of the mortgage do you mean as an itemized deduction? To be deductible under IRS rules the plan loan would have to be secured by a mortgage obligation of the employee, e.g., a formal written document giving the plan a security interest in the residence. This not the same as a promissory note of the employee to pay off the loan. However, the loan amount could not be attributable to employee salary reduction contributions.
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