Christine Roberts
Jan 20 2004, 01:21 PM
Partner with greater than 10% interest in a p'ship may take out a loan from p'ship qualified plan, per PT exemption under EGTRRA. However, plan is being amended to name individual partners as named Trustees.
Would not loan to partner now constitute a PT, despite the EGTRRA exemption?
Belgarath
Jan 20 2004, 02:17 PM
I'm assuming the partner is a plan participant. If not, then it was, and still is, a prohibited transaction. Assuming he is a participant, then no, there is no prohibited transaction. All participants in a plan are parties in interest. The exemption then applies to all participant loans if they meet the requirements. And as you mentioned, EGTRRA removed this restriction for the partners.
Christine Roberts
Jan 20 2004, 02:20 PM
Answering my own question - no, per DOL Reg. 2550.408b-1(a)(4) - Example (1) (T, trustee of plan P, receives loan on the same terms as other participants - loan not a PT)
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please
click here.