As a general rule, you are not taxed when you take out the loan. The following conditions must be present to avoid taxation when the loan is made.
- The plan loan is required to be repaid in full within five years unless the loan is used to buy the employee’s principal residence.
- The loan provisions must require substantially equal amortization of principal and interest and payments must be made at least quarterly. As an example, a five-year loan with interest only payments and a balloon payment at the end of the period will not qualify.
- The loan must be supported by a legally enforceable agreement.
- The loan is limited to the lower of: (1) $50,000; or (2) one-half of the employee’s vested accrued benefit.
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