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Posted

A participant's loan was deemed in 2014. He received a 2014 1099-R for the balance. However, a loan payment was applied to the loan balance in 2015 and the loan was deemed again later that year. He received a 2015 1099-R for the balance. Should one of the 1099-Rs been reversed? The participant is currently an active employee.

Posted

No, none of the 1099-R's should be reversed. In fact, give him one for the balance every year until he...just joking.

Sure, one of them is wrong so you need to do a 1099-C. Which one to correct depends on timing.
If the first one was correct, then most likely you have to treat the repayment(s) after deemed date as repayments, but need to account for those as after-tax/basis.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

Posted

Is the participant intending to amend his return (presumably for 2015)?  I'd want to know that before banging my head against a wall.  Obviously he's entitled to get that done right but if he's not going to do anything about it...I don't know that I'd bother.  It also sounds like there should be basis from payments made after the default.  I'd want to know more about exactly what happened and why before taking any action.

Ed Snyder

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