Stephen Daryl Royal - Page 11

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                    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...)           





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