- 11 - Q-13: How does a deduction (offset) of an account balance in order to repay a plan loan differ from a deemed distribution? A-13: (a) Difference between deemed distribution and plan loan offset amount.--(1) Loans to a partici- pant from a qualified employer plan can give rise to two types of taxable distributions-- (i) A deemed distribution pursuant to section 72(p); and (ii) A distribution of an offset amount. (2) As described in Q&A-4 of this section, a deemed distribution occurs when the requirements of Q&A-3 of this section are not satisfied, either when the loan is made or at a later time. A deemed distri- bution is treated as a distribution to the participant or beneficiary only for certain tax purposes and is not a distribution of the accrued benefit. A distribution of a plan loan offset amount (as defined in � 1.402(c)- 2, Q&A-9(b))[8] occurs when, under the terms governing a 8Sec. 1.402(c)-2, Q&A-9, Income Tax Regs., describes a distribution of a planned loan offset amount as follows: Q-9: What is a distribution of a plan loan offset amount * * *? * * * * * * * A-9: (b) Definition of plan loan offset amount. For purposes of section 402(c), a distribution of a plan loan offset amount is a distribution that occurs when, under the plan terms governing a plan loan, the participant’s accrued benefit is reduced (offset) in order to repay the loan (including the enforcement of the plan’s security interest in a participant’s accrued benefit). A distribution of a plan loan offset amount can occur in a variety of circumstances, e.g., where the terms governing a plan loan require that, in the event of the employee’s termination of employment or request for a distribution, the loan be repaid immedi- ately or treated as in default. A distribution of a plan loan offset amount also occurs when, under the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011