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Asked 2/5/2010

Can I avoid 10% penalty on 401k loan considered an early withdrawal when company shut down?

I had taken out a 401k loan a couple years ago and was repaying systematically. In January 2009, my company was sold and went out of business and the 401k program was terminated and accounts rolled over into personal IRA rollovers. The remaining balance of the 401k loan has been treated as an early withdrawal and I received a 1099-R showing it as taxable -- and subject to the 10% penalty. However, I turned 55 in 2008. Can I use the "Separation from service in or after reaching age 55" as a waiver of the 10% penalty?

One additional factor: I was immediately hired in my same role by the new company that took over the old company. But they did not have a 401k program anyway.

 
 
 
 
 
Answers

Answer 1/4 - Submitted 2/5/2010

Depending on where and who took over the IRA, you might be able to continue paying back the loan. Also, you are eligible for the over 55 clause because even through you were hired by the new company, your old company went belly up.

 
 

Answer 2/4 - Submitted 2/5/2010

The balance of the remaining 401k funds (with John Hancock Pensions) were rolled over into a new IRA at Fidelity. The loan was not transferable which is why it was considered in default and declared as an early distribution.

 
 

Answer 3/4 - Submitted 2/6/2010

Unfortunately the only option would have been to pay it in full before the rollover, They should have given you this option. At this point it has been reported to the IRS as a distribution, and subject to tax and penalty. This is happening a lot lately, too many companies cannot afford to keep the plans--The do cost the companies quite a bit annually.

 
 

Answer 4/4 - Submitted 3/11/2010

The company I work for has been acquired by another company with a completion of the acquisition on March 1, 2010. My current employers 401(k) will be terminated following the completion of all legally required testing, audit procedures, and government filing requirements. Upon termination of the Plan, I would like to receive a taxable distribution. Currently, my total account value is $13,600 with a vested amount of $10,500. I am under the age of 59 an a half. My employer said the actual termination of the plan could take several months. I would like to take my taxable distribution as soon as possible. With that said, can I take my taxable distribution before the 401 (k) plan completion of all legally required testing, audit procedures, and government filing requirements? Also, based on the amount of money I have in my account how much money will I receive after the mandated tax withholding by the IRS?

 
 
 
 
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