Non-Qualified Distributions

My client’s husband passed away and received his NQ plan as a beneficiary. She is the spouse. The recordkeeper sent the spouse a check for the NQ plan without any taxes withheld and created a 1099. The plan stipulates that all distributions go back to the company and the company will send the money and create a W2. The original check from the recordkeeper has been cashed and deposited to the spouse’s checking account.

What are the options here since NQ money should be reported on W2’s? The recordkeeper is not wanting to reverse the distribution/1099 but without the taxes withheld, it will raise red flags. Any help is appreciated.



I’m not sure that I understand this.
With a Non-Qualified Plan distributions are shown on Form W-2 for an employee. When paid to a beneficiary Form W-2 cannot be used. Form 1099 is the appropriate form to report this kind of income. Ordinarily there is no withholding from 1099 income, so I don’t understand what the problem is with this situation.



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