Excess 401k Contribution Transferred to IRA
A client worked for two unrelated companies in 2023 and he ended up overcontributing to his 401k by $400.
He contributed $6,400 to the first 401k and $16,500 to the second 401k for a combined 2023 contribution of $22,900, while the limit was only $22,500 in 2023. He has since rolled over both of those 401k plans to his own IRA because he started a new job at yet a different company a few months ago so he is unable to go back to the original employer to have them correct his 2023 overcontribution. Do you know how he can fix his overcontribution of $400 now that his funds are in his IRA?
Thank you!!
Permalink Submitted by Alan - IRA critic on Mon, 2024-10-07 13:46
There is no requirement to remove the excess deferrals, but he will be taxed on the excess $400 in 2023 and again whenever he takes an IRA distribution, possibly decades from now in the form of RMDs.
He cannot claim the $400 as IRA basis on Form 8606 and the G coded 1099R forms were (or will be) coded as normal as non taxable direct rollovers.
Note that some taxpayers are forced into this situation because most former employers will not correct an excess deferral when there is no excess for the particular plan even if there was still a balance in the plan, which is not the case here. Other taxpayers consider this type of excess to be too small to bother with, considering that the second taxation will be decades away, they may have received a match for the excess, and the excess will continue to generate tax deferred gains the entire time.
Permalink Submitted by Jonathan Sard on Mon, 2024-10-07 16:44
How will he be taxed on the excess $400 in 2023 since it was a direct transfer from the 401k to the IRA? If not 1099 is issued for the $00 excess contribution how does the IRS know it should be taxed and how would the client report it on his 2024 1040? Thanks again!!
Permalink Submitted by Alan - IRA critic on Mon, 2024-10-07 16:53
The sum of the elective deferrals for all employees will show on the W-2 forms, Box 12 Code D. When the w-2 forms are entered into a tax program, tax will be charged for the amount that exceeds the deferral limit. Even if someone filed a paper return, the IRS should catch the excess deferred per the W-2 forms. No 1099R is needed to generate this taxable income.
Permalink Submitted by Jonathan Sard on Mon, 2024-10-07 16:57
Thank you as always! I have just never heard of a situation where an excess contribution did not have to be removed.
Permalink Submitted by Alan - IRA critic on Mon, 2024-10-07 17:04
That’s for IRAs, which are subject to an annual 6% excise tax if excess contributions are not removed. This does not apply to qualified plans.