SEP-IRA

Hello, Any input on the following will be greatly appreciated!
I have a client who established a SEP-IRA back in 2005. He made contributions every year for three years in a row. No contributions have been made since 2007.
Facts are:
1. He owns a C-Corp and he is the only employee.
2. He receives a W-2 from the C-corp
3. Past contributions were from checks issued by the company (C-Corp)
4. The contributions were reported by the C-corp as deductible by the company, but the IRA custodian reported the 05, 06 & 07 contributions under his social (again, he is the sole owner of the C-Corp and no other employees).
5. As of now, all 5498’s that go out at the end of the year are reported under his social, and not the C-Corp tax id.
6. He received a W-2 and paid taxes before Dec 31 2013. Has not filed his 2013 return yet and has an extension. He wants to make a 2013 contribution.

Questions:
1. Are there any issues here to be concerned about the way the deductions were taken?
2. Can he make a contribution directly, under his name without going through the C-Corp? My understanding is that the employer needs to make the contribution but since he is the sole owner of the C-corp, does that changes things?

Thanks so much!!



Form 5498 requests the PARTICIPANT’S SSN, not the employer EIN and therefore appear to be compliant with the instructions. That said, this might not bode well for the corporation accounting and/or the corporate Form 1120 where I think the deductions would be taken. He should check with his tax preparer on whether future contributions need to be made from a corporate check.



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