MarZDoates Posted April 28, 2004 Posted April 28, 2004 Participant took a $10,000 loan in June, 2003. There have been no repayments. I have two questions. 1. Is there any kind of a correction program the employer can go through to avoid a deemed distribution? (Probably not, but I thought I'd give it a shot) 2. At what time does it become a deemed distribution if we are using the calendar quarter "cure period". Thanks. QPA, QKA
Brian Gallagher Posted April 28, 2004 Posted April 28, 2004 as always, check the plan doc. but, generally, i believe, that the loan is considered in default at end of the quarter following the quarter in which the most recent payment was expected. i had somewhere a plr that stated a participant was still on the hook for the defaulted loan even though it wasn't his fault the loan wasn't paid. i'll look thru my papers to try to find the specific case. Remember: two wrongs don't make a right, but three rights make a left.
MarZDoates Posted April 28, 2004 Author Posted April 28, 2004 So if the default date is 12/31/2003, do we have to issue the 1099 for 2003 or can it be issued in 2004? Participant obviously has already filed tax return for 2003. QPA, QKA
Guest 401der Posted April 29, 2004 Posted April 29, 2004 The defaulted amount was taxable for 2003, so the participant will have to file an amended return.
FundeK Posted April 30, 2004 Posted April 30, 2004 EPCRS (2003 Update) - Section 6.07, as part of VCP, allows a plan to report the deemed distribution on a Form 1099-R for the year of correction.
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