SuzieQNEC
Feb 26 2009, 10:06 PM
Owner took a distribution last year of over $100,000 then found out she couldn't do that and deposited all of it with Lost Earnings into the plan. It was reported as a prohibited transaction on form 5330, I believe in the form of a loan. Owner would now like to take out a loan of the maximum $50,000 with the understanding that she must treat it as a loan. Since the prohibited transaction was within a year, would there be any affect on the maximum loan she can take? In this case, it would be zero since it exceeded $50,000.
ForksnKnives
Feb 27 2009, 03:43 AM
Seems to me if the distribution was reversed and the funds reinstated (rather than returned as a loan payment to payoff the loan) then it should be treated as though the original distribution did not occur, and loan availability should exclude the original distribution.
Jim Chad
Feb 27 2009, 09:46 AM
If the $100,000 was treated like a inservice distribution that was not allowed, I agree with forksnknives. There is no previous loan balance. FWIW
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