Use 401k for investing...?

[Chad Smith]

I am looking into an option for financing properties I plan to rehab, refinance and hold/lease.  I'm short on funds and trying to find if it makes sense to use my 401k to help fill some gaps on capital with the plan to refinance with money out and put back to my 401k.  

Does anyone do this or has done this? What issues may I encounter doing this?

[George Blower]

@Chad Smith

@Chris Mason

1) Regarding taking a 401k loan:

• You would have to confirm that your 401k plan allows for a 401k participant loan (and that you have not had a outstanding loan in the last 12 months since your ability to take a loan is reduced by the amount of the highest outstanding balance of any 401k loan that was outstanding in the last 12 months).
• If yes, you can borrow up to 50% of the balance not to exceed $50,000.
• The repayment terms are equal monthly/quarterly payments (as you prefer) of principal and interest (e.g. prime + 1%) spread over a 5 year term (or longer if you will use the loan to purchase your primary residence). There are no prepayment penalties and no restrictions on what you can do with the proceeds of the 401k loan. Please note that you are obligated to pay back their 401k (regardless of the performance of your real estate investment).
• Per the loan offset rules that went into effect with the 2018 Tax and Job Act: if you leave your job and the loan is current at the time you leave your job but then the loan goes into default because you left your job, you will have until your tax return deadline (including any timely filed extension) to make the loan current by depositing the outstanding balance into an IRA (and thereby avoid the taxes and penalties that would otherwise apply).
• If you are self-employed with no full-time employees & you can rollover the funds, you could set up a Solo 401k, rollover the funds and take a 401k loan from the Solo 401k.

2) Regarding taking a distribution from a 401k plan and then paying back within 60 days: the issue here is that there is a 20% withholding requirement so if you distribute $10,000 you will receive $8,000 (since 20% is withheld) but you will need to deposit $10,000 within 60 days so you are effectively providing Uncle Sam with an interest-free loan equal to $2000 since you won't be able to recoup those funds until you file your taxes.