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Asked 4/7/2009

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.
the company that handles the 401k says we cannot continue payments, only option is to pay off (can't do) or they let it go into default and make it a distribution. i read that as she is over 55 (57) a distibution would not have a penalty, is this true for the loan?
we are not pulling any additional money out of the 401k

 
 
 
 
 
Answers

Answer 1/4 - Submitted 4/7/2009

The age where there is no penalty for early withdrawals from a 401(k) is 59 1/2, not 55. So you are still liable for a penalty of 10%. You have 5 years to pay off the loan before it is considered an early distribution, though.

 
 

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...

 
 

Answer 3/4 - Submitted 4/10/2009

Very informative and fits are situation

 
 

Answer 4/4 - Submitted 5/18/2009

Yes, the amount you didn't pay back will become a distribution and is subject to the penalty.

 
 
 
 
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