401K Loans

I borrowed from my 401(k) and not cannot repay the loan. What happens now?

Read full question
Bill's Answer: Bills.com Resident Expert

Getting a 401(k) loan is a great idea, generally speaking. A 401(k) loan, if allowed by the rules of your 401(k) plan, is a withdrawal from your account that you repay with a modest interest rate. The interest paid goes to your account. You pay yourself the interest. There is no tax consequence for a 401(k) loan that is repaid. The risk of a 401(K) loan is the costs involved if something prevents you person from repaying the loan as agreed.

You raise the question what happens if you fail to repay a 410(k) loan. The answer is simple and logical -- the IRS considers an unpaid 401(k) loan a distribution and the rules for a 401(k) distribution apply for the date that you took the 401(k) loan. If you are employed and are less than age 59½ and are not suffering a hardship, then you will pay a 10% penalty tax plus your tax rate for the amount of the loan/distribution.

If you have a hardship that qualifies, then you will not have to pay the 10% penalty tax. Keep in mind that what you define as a hardship and what the IRS defines as a hardship may not be the same. See the IRS Web page 401(k) Resource Guide - Plan Participants - General Distribution Rules and IRS Publication 575 to learn more about 401(k) loans, hardship rules, and loans treated as distributions.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

Comments (2)


Dave W.
Bakersfield, CA  |  February 08, 2012
I was let go from my employer and had to withdraw all of my 401k to pay bills and eat. I had a loan that took up only about $10k of the $50k I had saved. I had them deduct what I owed and I also had them deduct the tax penaltys as well. Or at least that is what I believe I did. Will I still have to pay taxes on it when I file my taxes in 2012 even though I asked them to deduct any and all tax liabilities before they sent me the remaining balance ? Thanks, Dave W.
Bills.com
February 08, 2012
The answer to your question is dependent on all of the information that goes into your 1040, including but not limited to your wages, taxes withheld, deductions (standard or itemized), number of dependents, and other adjustments to your income. I cannot imagine your employer knew all of these facts when it withheld the taxes from your distribution.

Complete a 1040, or consult with a tax preparer, to learn a precise answer to your question.
Waiting for comments to load Loading more comments
Thanks for your feedback!

Get a Loan Quote Now!

 
Thank you for subscribing!