Guest Jaym32 Posted January 7, 2005 Posted January 7, 2005 I am working with a 100% participant directed plan (SDBs) and an active participant wishes to use assets from his plan account to purchase a condo. Does anyone know if there is any reason this woukd not be allowed? Thanks!
david rigby Posted January 7, 2005 Posted January 7, 2005 Non-qualified plan assets? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
mbozek Posted January 7, 2005 Posted January 7, 2005 No legal reason prevents this investment but you need to check corp bylaws. However, the risks and tax issues involving RE, including obligation to pay property taxes,maintence fees, utilities, liability for personal injury, insurance, etc make ownership of RE in a NQDC complex and unattractive to the employer. Dont know how expenses would be paid by employee under 409A rules for salaray deferral. Also transfer of title would be a taxable event requiring employee to pay income tax at marginal tax rates on the FMV of a capital investment instead of cap gains. mjb
TCWalker Posted January 8, 2005 Posted January 8, 2005 This arrangement needs to be reviewed for compliance with respect to the constructive receipt and economic benefit doctrines.
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