A 401(k) loan is approved by the recordkeeper, governed by the plan document and the tax code, and repaid almost entirely through payroll. That last part is where it goes wrong. The loan itself is rarely the problem. The problem is a repayment deduction that stops during a leave and never restarts, a final paycheck that takes the wrong amount, or a repayment that sits in the operating account for two weeks before it reaches the trust.
Our 401(k) payroll handbook gives loans a short section. This page goes deeper on loan servicing from payroll's side: the rules that shape the repayment schedule, what happens during leave and military service, how a missed payment turns into a taxable deemed distribution, and what termination does to an outstanding loan.
Plan loans are an exception to the general rule that a loan from a qualified plan is taxed as a distribution. Internal Revenue Code section 72(p) and the regulations at Treas. Reg. 1.72(p)-1 set the conditions. A loan that meets them is not taxable; a loan that fails them, in form or in operation, becomes a deemed distribution.
The conditions payroll needs to understand:
|
Requirement |
Rule |
|
Maximum amount |
The lesser of $50,000 or the greater of $10,000 or 50% of the vested account balance |
|
Multiple loans |
The $50,000 is reduced by the highest outstanding loan balance during the prior 12 months, minus the current balance |
|
Term |
Repaid within 5 years, except a loan used to buy the participant's principal residence |
|
Repayment pattern |
Substantially level amortization, with payments at least quarterly |
The plan document can be stricter than the law. Many plans limit the number of outstanding loans, set a minimum loan amount, or require repayment by payroll deduction only. Payroll should work from the plan's loan policy, not from the statutory maximums.
The quarterly minimum matters more than it looks. Payroll deducts every pay period, so a normal loan is far more frequent than the law requires. But the statutory floor is what defines when a gap in payments becomes a failure, which is why a missed deduction is not automatically a deemed distribution.
When a loan is issued, the recordkeeper produces an amortization schedule and sends payroll the per-pay-period repayment amount, usually through the regular deduction feed. Payroll's job is to start the deduction on the right pay date, at the right amount, and keep it there.
Points worth building into the setup:
A loan repayment withheld from pay becomes a plan asset on the same timing rule as a deferral. The DOL's plan asset regulation at 29 CFR 2510.3-102 expressly covers amounts withheld "for contribution or repayment of a participant loan." Remit loan repayments with the deferrals, on the same file and the same day. A late repayment is a prohibited transaction requiring lost earnings and excise tax correction, exactly like a late deferral.
Unpaid leave is the single biggest cause of loan defaults that should never have happened. The deduction stops because there is no pay, nobody tells the recordkeeper, and by the time the employee returns, the cure period has run.
The regulations give plans a way to prevent this. Under Treas. Reg. 1.72(p)-1, Q&A-9, the level amortization requirement does not apply for a period of up to one year while a participant is on a bona fide leave of absence that is unpaid, or paid at a rate (after withholding) less than the installment amount. Two conditions attach:
In practice, that means the recordkeeper re-amortizes at the end of the leave, and the new payment is higher, because the same balance plus accrued interest is now repaid over a shorter remaining term. Payroll has to load the new amount, not resume the old one.
Whether suspension is available depends on the plan. The regulation permits it; the plan's loan policy decides whether and how it applies. Check before the leave starts.
Step five is where most failures occur. The employee returns, payroll reactivates the old deduction, and the loan is now on track to miss its maximum term.
Military service is handled separately. Under Q&A-9(b), if a plan suspends repayments while a participant performs service in the uniformed services, as USERRA and Internal Revenue Code section 414(u) contemplate, the suspension does not cause a deemed distribution even if it lasts longer than one year, and the maximum term is extended by the period of military service.
When service ends, repayments resume, and the loan, with interest, must be repaid in substantially level installments by the end of the original term plus the period of service.
Separately, the Servicemembers Civil Relief Act limits interest on obligations incurred before military service to 6% during the service period, and the regulations recognize that rate for plan loans during military leave. The recordkeeper applies the interest change; payroll's job is to report the leave promptly and to restart repayments at the re-amortized amount when the service member returns.
Not every missed deduction is a default. A payroll glitch, a short paycheck, or a pay period with no hours can leave a gap, and the regulations allow a plan to give the participant time to catch up.
Under Q&A-10, a plan may provide a cure period, which can continue no later than the last day of the calendar quarter following the calendar quarter in which the missed installment was due. A payment missed in February (first quarter) can be cured through 30 June (the end of the second quarter), if the plan's policy provides the maximum cure period. Some plans provide less.
If the missed installments are not made up by the end of the cure period, the entire outstanding balance, including accrued interest, becomes a deemed distribution at that point. Not just the missed payments: the whole loan.
That is why missed deductions must be reported to the recordkeeper quickly. A missed payment the recordkeeper never hears about cannot be cured, and the participant learns about it from a Form 1099-R.
A deemed distribution is a tax event, not a cash event. Under Q&A-12 and Q&A-13, it is treated as a distribution for certain tax purposes, but:
And the loan does not go away. Under Q&A-19, a deemed-distributed loan that has not been repaid is still treated as outstanding when calculating the maximum for any later loan, and any later loan requires repayment by payroll withholding or additional collateral. The participant can also continue repaying it, which creates tax basis.
On withholding: under Q&A-15, the amount included in income on a deemed distribution or offset is subject to withholding, but withholding applies only to the extent cash or property is distributed at the same time. A deemed distribution by itself involves no cash, so typically nothing is withheld.
When a participant with an outstanding loan leaves employment, payroll repayment ends. What happens next depends on the plan's loan policy.
Repayment options after termination. Some plans let former employees keep repaying directly, by ACH or coupon. Others require the loan to be repaid in full within a set period or declare it due on termination.
Final paycheck deductions. Taking the full loan balance out of a final paycheck is rarely possible and may be prohibited by state final pay and wage deduction rules. Take only the scheduled installment unless the plan and the employee's written authorization specifically permit more, and the applicable state rules allow it. See our final paycheck requirements by state.
The loan offset. If the loan is not repaid, the plan typically reduces the participant's account balance by the outstanding loan amount when a distribution is permitted. That is a plan loan offset, and under the regulations it is an actual distribution, not a deemed distribution.
Qualified plan loan offsets. A loan offset that occurs solely because the plan terminated, or because the participant failed to meet the repayment terms due to severance from employment, while the loan was in good standing, is a qualified plan loan offset. The participant can roll the offset amount over by contributing an equal amount to an IRA or another plan by the due date, including extensions, of the federal income tax return for the year of the offset, instead of the usual 60 days. It is reported on Form 1099-R as an actual distribution with code M in box 7.
The offset itself is the recordkeeper's to process and report. Payroll's role is to report the termination date promptly and accurately, because the date drives whether an offset is "qualified" and when the reporting falls.
If a plan is subject to the qualified joint and survivor annuity rules, which applies to money purchase plans and some 401(k) plans that offer annuity forms, using the participant's account as security for a loan requires spousal consent. Under Internal Revenue Code section 417(a)(4) and Treas. Reg. 1.401(a)-20, Q&A-24, the consent must be obtained within the 90-day period ending on the date the loan is secured. The IRS has noted that proposed regulations would extend that window, but confirm the current rule in your plan's procedures. Most 401(k) plans that are not subject to the annuity rules do not require spousal consent for loans. This is the recordkeeper's to administer, but payroll should know it exists when a participant asks why their loan is delayed.
The Plan Loans Training and Certification Program is the specialist certification for this area, for payroll and benefits staff who service loans day to day and want the plan-side rules behind the deductions they run.
The work of setting up, servicing and closing out participant loans: approving loans within the plan's policy and the section 72(p) limits, amortizing them, collecting repayments (usually through payroll), handling leave and military suspensions, administering cure periods, and reporting defaults and offsets on Form 1099-R. The recordkeeper typically handles approval and reporting, while payroll handles the repayment deduction and the timely remittance of repayments to the plan, which the DOL treats as plan assets.
If the plan permits, repayments can be suspended for up to one year during a bona fide unpaid leave, or a leave paid at less than the installment amount, under Treas. Reg. 1.72(p)-1, Q&A-9. The loan plus interest accrued during the leave must still be repaid by the original maximum term, and post-leave installments cannot be smaller than the original ones. The recordkeeper re-amortizes, and payroll must load the higher amount on return.
A plan may allow a participant to make up a missed installment within a cure period that can last no later than the end of the calendar quarter following the quarter in which the payment was due. If the missed payments are not made up by then, the entire outstanding balance, including accrued interest, becomes a deemed distribution. Plans can set a shorter cure period, so check the loan policy.
A deemed distribution happens when the loan fails the section 72(p) rules, usually from missed payments. It is taxable, not eligible for rollover, reported with code L, and the loan stays outstanding on the plan's books. A loan offset reduces the actual account balance to repay the loan, typically after termination. It is an actual distribution, and a qualified plan loan offset can be rolled over until the tax return due date, including extensions.
Yes. The DOL's plan asset regulation covers amounts withheld from wages for repayment of a participant loan on the same basis as deferrals. Repayments must be remitted as soon as they can reasonably be segregated from the employer's general assets. A late repayment is a prohibited transaction, corrected with lost earnings and excise tax, and eligible for the DOL's Voluntary Fiduciary Correction Program, including its self-correction component when the conditions are met.
Payroll repayment ends, and the plan's loan policy decides the rest. Some plans allow continued direct repayment; others require repayment in full within a set period. If the loan is not repaid, the plan usually offsets the account balance. An offset caused by severance from employment, on a loan in good standing, is a qualified plan loan offset the participant can roll over by the tax return due date, including extensions.
Most loan defaults that reach a participant's tax return start with something payroll could have caught: a missed deduction nobody reported, a leave nobody flagged, a return-to-work amount nobody updated. The Plan Loans Training and Certification Program is the place to build that knowledge, and the 401(k) Training and Certification Program covers the wider plan in which loans sit.
Loan limits, cure periods and suspension rights depend on both federal rules and your plan's own loan policy, which can be stricter. Confirm the policy with your recordkeeper before changing a deduction, and coordinate any correction with the plan administrator.

