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.$60,000
b.$50,000
c.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)
d.$120,000 (the entire vested balance)

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)

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