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401-K Loan - Repayment on Job Termination

Here's one I know nothing about.

Apparently when someone properly borrows from his 401-K, and then leaves his job with that employer, the loan is considered a distribution unless some arrangements are made within a specified time period.

The time period used to be 60 days, as with other distributions. But I have been reading that time has been extended for people who leave their jobs, to April 15 of the following year.

But I can't find where that rule is, and I can't find any reference to it at all on the IRS website.

The specific question I am being asked is whether the (former) employer can demand the loan be repaid within 60 days, or whether the time period has necessarily expanded. My guess is that it is up to how the plan is written.

Any thoughts?

Thanks.

Reply to
Stuart O. Bronstein
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Not an authoritative source, but confirms what you said, so further research is warranted.

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Reply to
JoeTaxpayer

Thanks. Further research didn't show me where in the statutes it is, but I saw an indication on the IRS website that what would happen is this: IF the 401K plan permitted it, when a plan participant left his job, an outstanding loan from the plan could be paid off with other money in the plan. So instead of being treated as a distribution that would have to be paid back in 60 days, it would be treated as a distribution that could be paid back by the time the tax return was due.

The bottom line for my question, though, is that it appears that it is up to what the plan says and the plan administrator is willing to do.

Reply to
Stuart O. Bronstein

The referenced statutory change is, I think, the addition by TCJA of § 402(c)(3)(C), "Rollover of certain plan loan offset amounts", which creates an exception to the 60-day rule of § 402(c)(3)(A).

Some discussion of the change appears in Notice 2018-74.

Reply to
Steve Kobes

Thanks.

Reply to
Stuart O. Bronstein

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