K-t-F Posted January 31, 2005 Posted January 31, 2005 I was contacted by an individual, one man show, took a loan from the plan, only made an annual payment (principle and interest). I know the rules... at least quartely payments and if a payment is missed it is allowed to be made up as long as it is done before the next quarter. My question... are there any exceptions to the rule... can he make annual payments? Semi-annual? He is looking at a deemed dist... trying to help him out... Its not easy being green
FundeK Posted January 31, 2005 Posted January 31, 2005 When was the loan issued? I have seen a few loans that were issued in the 80's that have annual payments...grandfathered I believe.
K-t-F Posted January 31, 2005 Author Posted January 31, 2005 No... new loan. It is only a year old. His pay structure makes it very convenient to have an annual loan. hmmmm... could we say that loan payments are taken from pay... and if he only receives a pay check annually then the loan payment will be taken then? Its not easy being green
mbozek Posted January 31, 2005 Posted January 31, 2005 Payments can be suspended for 1 yr if the participant is on a leave of absence. mjb
K-t-F Posted January 31, 2005 Author Posted January 31, 2005 I just spoke to this gentleman... it is a business that has since ceased to produce any income. He wishes to continue to pay the loan off... doesnt want to take it as a distribution. Because of the loan he can not roll it into an IRA.... I think he may be sunk! Its not easy being green
mbozek Posted January 31, 2005 Posted January 31, 2005 Tell him he needs to consult a tax advisor regarding taxation of the loan. He can ignore your advice and look for relief from taxation via the s/l after 6 yrs. mjb
FundeK Posted January 31, 2005 Posted January 31, 2005 Couldn't he pay "in advance"? So, you amortize the loan for quarterly payments, he makes a years worth of payments when the first quarter is due, and then in a year, makes another years worth of payments. So, he never goes delinquent because he hasn't missed a "scheduled" payment. I am grasping at straws here..... Anyway, I think the real problem is that the loan should be considered a deemed distribution from the time it was issued because it didn't meet the level amortization requirements from the beginning. Anyone agree?
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