Group Life & AnnuitiesQuestion 313 of 315

A participant in a 401(k) plan has a vested account balance of $120,000 and an outstanding plan loan of $5,000. Under IRC §72(p), the MAXIMUM additional loan this participant may take WITHOUT the loan being treated as a taxable distribution is generally:

a.$120,000 (the entire vested balance)
b.Under IRC §72(p), the maximum new loan when added to the highest balance of any plan loan in the prior 12 months cannot exceed the LESSER of (a) $50,000 reduced by the highest outstanding balance in the past 12 months, or (b) the greater of $10,000 or 50% of the vested account balance. With $5,000 outstanding (highest prior balance assumed $5,000) and $120,000 vested, the cap is $50,000 - $5,000 = $45,000 (since 50% of $120,000 = $60,000 exceeds that)
c.$60,000
d.$50,000

Explanation

Under IRC §72(p)(2), a qualified-plan loan is not treated as a taxable distribution only if it satisfies dollar limits, a 5-year repayment requirement (longer for primary-home loans), and level amortization rules. The DOLLAR limit is the LESSER of (a) $50,000 reduced by the EXCESS of the participant's highest outstanding loan balance during the prior 12 months over the current outstanding balance, or (b) the GREATER of $10,000 or 50% of the participant's vested account balance. Here vested = $120,000 (50% = $60,000) and the highest prior balance is $5,000, so the limit is $50,000 - $5,000 = $45,000, capped by the $60,000 figure (which is larger so does not bind). Option A ignores the $5,000 already out. Option B ignores the dollar reduction. Option D would treat the entire account as withdrawable — incorrect under §72(p).

Law Reference: IRC §72(p) (qualified plan loans)

Practice all 315 questions free — no signup required.

Related questions on this topic

Last reviewed: · editorial process

Sen Lin, PrepPass Founder · Verified against California Life & Health Insurance License Exam · How we review
Reviewed by John Zihao Zhang California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 verify)
Report