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Lane, JD, CFP, MBA, CRPS
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Can I borrow money from my IRA account?

Resolved Question:

Can I borrow money from my IRA account?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

Hi and welcome to Just Answer!


Please see IRS publication 590 - http://www.irs.gov/pub/irs-pdf/p590.pdf - Prohibited Transactions on page 44.


The following are examples of prohibited transactions with a traditional IRA.


--Borrowing money from it.
See also - page 45:
Taxes on prohibited transactions. If someone other than the owner or beneficiary of a traditional IRA engages in a prohibited transaction, that person may be liable for certain taxes. In general, there is a 15% tax on the amount of the prohibited transaction and a 100% additional tax if the transaction is not corrected.

LEV :

So borrowing money from IRA account is classified as a prohibited transaction and is subject of additional penalty.
What you may do - transfer distributed funds into a different IRS within 60 days - in this case it will be considered rollover and will not be taxable distribution.

Expert:  Lane replied 1 year ago.

You say "I plan to move part of my 401k to IRA and want to know, if there is option to borrow money from IRA, which exists in 401k or similar."

 

 

 

You CAN borrow money from your 401(k), if that particular 401(k) plan allows for a loan.

 

 

 

The post above, however, is correct in saying that actual loan (FROM AN IRA) is a prohibited transaction, although I doubt that any IRA custodian would ever do a loan.

 

 

 

They would just characterize any money withdrawn as a distribution.

 

 

However, if you DID distribute the money and were able to get that same amount of money back into an IRA within 60 days (and that might be hard to do because the IRA custodian will probably - depending on your state - insist on a minimum amount of withholding, which you would have to come up with ) then it WOULD qualify as a rollover.

 

 

You can do one rollover per year.

 

 

BUT, if you have not moved the money from the 401(k) as you say, you should check on borrowing the money from there.

 

 

You will have to pay that money back within a fixed amount of time (usually 5 years, but they may allow for longer, for a home purchase) or THAT loan - whatever amount is not paid back - will be characterized as a distribution ... (and of course be taxed ... and cause a tax penalty as well, if you are under age 59 and 1/2).

 

 

 

 

 

 

 

 

 

 

Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 4019
Experience: Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
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