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Asked 4/7/2009
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Loan on 401k, layed off by company, can't repay loan so it will be a distribution, 10 penalty My wife was just layed off after 15 yrs employment. we have a loan against her 401k.
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Answer 1/4 - Submitted 4/7/2009
Answer 2/4 - Submitted 4/7/2009
If she was terminated.. and over 55 there will be no penalty... the loan -- they are right payments can only be done through payroll.or payment in full... and it will default usually after 2 quarters with no payments.... If you close before it defaults.. it should be considered part of the distribution, and included on the same 1099r next year... all with the same code... the taxes will be based on the amount she received as well as the amount of the loan... (they will take that out before they send the check to her if the distribution is from a 401 k) -- so when you file next year you should be all set...
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