Understanding Employee Benefits

Are your 401(k) participant plan loans in compliance with the tax and ERISA rules?

By | April 9, 2012


According to the Tax Exempt and Government Entities Division of the Internal Revenue Service (IRS), one out of every four (25%) of 401(k) plans surveyed in a recent study had engaged in prohibited transactions as a result of non-compliant participant plan loans and/or real estate investments that were not valued properly.  http://www.irs.gov/pub/irs-tege/epn_2012_1.pdf

 The problems noted by the IRS with respect to participant loans included:

        1.   not following the plan loan provisions, 

        2.   not having a bona fide loan (no loan document and/or payments),

        3.   not having a provision for loans in the plan document, but allowing

              participant loans, and

        4.   not prohibiting loans to the employer and/or related entities.

Plan loan violations can result in immediate taxation to the participant, excise tax penalties and possible plan disqualification.   Failure to properly value non-publicly traded assets can lead to top heavy violations, prohibited transactions and distribution reporting errors.  Retirement plans that permit participant loans should have a written loan policy and formal loan documents.

Contact Jeffrey Cairns for more information.