Taking a loan from your 401(k) plan can be a tempting option when you're in need of cash. However, it's important to understand the legal implications and requirements of doing so under US tax law. In this blog post, we'll go over the basics of taking a loan from your 401(k) and provide some tips on how to navigate the process.

First, it's important to note that not all 401(k) plans allow for loans. Your plan administrator will be able to tell you whether or not your plan offers this option. If your plan does allow for loans, you can typically borrow up to 50% of your vested account balance or $50,000, whichever is less. However, it's important to note that the IRS has placed certain restrictions on 401(k) loans, including repayment terms and interest rates.

Repayment terms for 401(k) loans typically require the borrower to repay the loan within five years, unless the loan is used to purchase a primary residence. If the loan is used for a home purchase, the repayment term may be extended to 10 or 15 years, depending on the plan. Additionally, the loan must be repaid in regular installments, usually deducted directly from the borrower's paycheck (similar to other payroll deductions).

One important factor to consider when taking a 401(k) loan is the potential tax implications. While the loan itself is not considered taxable income, it must be repaid with after-tax dollars. This means that the borrower will essentially be taxed twice on the amount borrowed: once when they earn the money and contribute it to their 401(k) plan, and again when they repay the loan.

Another potential drawback of taking a 401(k) loan is the potential impact on retirement savings. When a borrower takes a loan from their 401(k) plan, the borrowed amount is no longer invested in the market and earning potential returns. This can have a significant impact on the borrower's long-term retirement savings, particularly if the loan is not repaid in a timely manner.

To summarize, taking a loan from your 401(k) plan can be a viable option for short-term cash needs, but it's important to understand the legal requirements and potential drawbacks of doing so. If you're considering a 401(k) loan, be sure to consult with your plan administrator and a tax attorney at Safeguard Law, PLLC to make sure the decision is right for you.