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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!

 
 
 
 
 
Answers

Answer 1/4 - Submitted 3/3/2011

You're correct. If they treated the loan balance as a distribution last year while he was laid off, there's no longer a loan balance to be repaid.

Are they attempting to correct the 1099 to $0, and re-instituting the loan and the paperwork has simply not been done properly?

 
 

Answer 2/4 - Submitted 3/3/2011

They haven't mentioned anything about correcting the 1099. Like I mentioned they just keep saying we have to pay the loan as well as file the 1099.

 
 

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.

 
 
 
 
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