- 8 - from taxation under section 501(a). Sec. 72(p)(4)(A)(i)(I). Section 72(p)(2) sets forth an exception to the general rule of section 72(p)(1)(A). Section 72(p)(2) provides in pertinent part: SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE INSURANCE CONTRACTS. * * * * * * * (2) Exception for certain loans.-- (A) General rule.--Paragraph (1) [of section 72(p)] shall not apply to any loan to the extent that such loan (when added to the outstanding balance of all other loans from such plan whether made on, before, or after August 13, 1982), does not exceed the lesser of-- (i) $50,000, reduced by the excess (if any) of-- (I) the highest outstanding balance of loans from the plan during the 1-year period ending on the day before the date on which such loan was made, over (II) the outstanding balance of loans from the plan on the date on which such loan was made, or (ii) the greater of (I) one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan, or (II) $10,000. For purposes of clause (ii), the present value of the nonforfeitable accrued benefit shall be deter- mined without regard to any accumulated deductible employee contributions (as defined in subsection (o)(5)(B)). (B) Requirement that loan be repayable within 5 years.--Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011