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IRC for Loan Repayments?


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Guest TAllen
Posted

Does anyone happen to know specifically where it states that loan repayments to a pension plan need to be made with after-tax money?

I know why it is that way, but need to be able to reference the exact source (assuming it is stated in Internal Revenue Code somewhere).

Much appreciated!

Posted

Only amounts which are considered employee CONTRIBUTIONS to qualified retirement plans under IRC 401(k), 125, 457 or 403(B) are allowable pre-tax deductions from payroll. Since a loan repayment is not considered an annual addition or contribution to the plan, it is the inherent nature of the expense to not qualify for pre-tax treatment. I don't know of a specific Code section which disallows loan repayments to be taken pre-tax, but seeing that they are not contributions (amount ADDED to the accrued benefit of the participant), they do not qualify as a tax exempt payroll item for the employee.

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