jane123 Posted February 25, 2005 Posted February 25, 2005 Participant’s balance is $20,000 Participant receive loan of $10,000 on the last 30 days. Balance in account is now $20,000, with loan balance of $10,000 included in the $20,000 balance. Participant now wants an in-service withdrawal of $10,000, leaving only $10,000 loan in account. Is this permissible? Thanks very much
FundeK Posted March 1, 2005 Posted March 1, 2005 If your plan allows in-service, then yes it is allowed. The account balance only needs to be used as security at the time of the origination of the loan, not throughout the entire life of the loan.
Appleby Posted March 2, 2005 Posted March 2, 2005 See IRC § 72(p)(2)(A) and DOL Reg § 2550.408b-1(f)(2) Life and Death Planning for Retirement Benefits by Natalie B. Choatehttps://www.ataxplan.com/life-and-death-planning-for-retirement-benefits/ www.DeniseAppleby.com
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