Welcome! | Ask A Question
Asked 3/3/2011
|
Do you have to pay back a defaulted 401K loan when they've issued a 1099? My husband was laid off for a period of time (due to lack of work). He had an existing 401K loan which obviously didn't get paid while he was off. I admit we didn't think about it and received no paperwork regarding making payments in the meantime. ANYWAY, when he returned to work he noticed they weren't taking the loan payments out anymore. He tried several times to get it reamortized to have payments start again and just got the runaround. Well, we found out they sent a 1099 last year (which we didn't receive) and taxed it as an early withdrawl. So, I have to file an amended return for that 1099 but they're still expecting us to pay the loan back into his 401K. I thought if they changed it to a "early withdrawl" and we have to pay the penalties as such, it would no longer be considered a repayable loan. I'm so confused! |
Answer 1/4 - Submitted 3/3/2011
Answer 2/4 - Submitted 3/3/2011
Answer 3/4 - Submitted 3/3/2011
That's silly. If they are actually taking the money as a loan repayment and treating it as such, contact your state department of labor as they have no right to make a deduction to his pay when you no longer have a loan against your 401k, it was treated as a withdrawal and taxed as income to you. loans are never treated as income. It stopped being a loan when they reported it as a distribution.
Answer 4/4 - Submitted 3/4/2011
The trustee of the 401(k) might not be on the same page as the employer. One recognized the loan as being in default and issued a 1099-R. The other still shows a loan on the payroll and is collecting. That's my suspicion, anyway. A call to both the payroll people and the 401(k) people might be needed to clear this up.
Type your Answer in the box below and post your answer.
I had a loan on my 401k and i defaulted on the payments while on sick leave and the loan was turned into a withdrawal on a 1099 in 2003 but my 401k is still showing the loan and charging interest. is this how a 1099 withdrawal is to be handled
401k loan
My position was abolished. i have a loan balance of approx $10,000.00. i wanted to rollover my 401k, but noticed that the loan balance is being taken away from my 401k balance. should i roll over my 401k or wait until the 60 days has lasped? or does it not matter? im trying to find the cheapest...
|
I had a loan on my 401k and i defaulted on the payments while on sick leave and the loan was... |
|
401k loan |
|
My position was abolished. i have a loan balance of approx $10,000.00. i wanted to rollover... |
|
Question, i have a 401k loan and wanted to know if i cash in my 401k does the loan get paid... |
|
I am retiring. i took out a loan from my 401k account, it was for (10) years, for a down... |
|
In 2006 i took out a loan on my 401k to start a business . but still working my full time... |

Ask A Question
Ask a new question about
401k: