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spek10
New Member

401(k) loan default

I took out a loan against my 401(k) a few years ago and have been paying it off according to schedule.  Due to unexpected medical expenses, I have missed the last few payments and received a notice from the Plan Administrator that I will need to make up the missed payments by Oct 31 in the amount of $850 or the loan will be in default and subject to early withdrawal penalties and taxes.  The outstanding loan balance is only $4k.  My question is:  can I default on the loan now and just pay it off before the end of the year (even if I have to use a credit card)?  Can I default now, and even if I can't repay the full $4k by the end of the year, would I be able to pay a portion in order to reduce my tax liability?  I realize that the penalties and taxes will probably only be $1000 or so on the default, but every little bit helps.

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2 Replies

401(k) loan default

If you default on the loan then your plan administrator pays you the balance of the loan as a distribution.  This is reported on a From 1099-R which you report on your tax return subject to income taxes and early withdrawal penalties.

So what you are planning to do cannot happen.  Once defaulted and the balance paid to you there is no more loan to pay off.

dmertz
Level 15

401(k) loan default

Actually, defaulting on the $4k loan balance just makes it immediately it taxable income and subject to a 10% early-distribution penalty unless a penalty exception applies.  It does NOT satisfy the loan and you will still be responsible for paying off the loan or receiving an offset distribution when you become eligible to receive distributions from the plan, perhaps upon separation from service.  Since the loan is not satisfied by the deemed distribution and it still needs to be repaid, because you've already paid the tax on this money your repayments will become after-tax basis in the plan the won't be taxed again when later distributed.

 

(From the question I assume that you are under age 59½ and are still employed by this employer, otherwise you could receive an offset distribution that would satisfy the loan and you would have until the due date, including extensions, of your tax return for the year of the distribution to come up with the money to complete a rollover of the offset distribution to avoid any penalty and to continue to defer income taxes.)

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