401(k) HCE Excluded (now included) from Plan and IRA Contributions

I have a client who maintains a 401(k) Plan with a year end of 9/30. The Plan excludes Highly Compensated Employees (more than 120k) from the Plan. My client has been highly compensated and thus making Traditional IRA contributions in lieu of 401(k) contributions. His W-2 Box 13 “Retirement Plan” has been unchecked (as expected).

Here’s my question, he is now making less than 120k, has been made “eligible” in the retirement plan as of 10/1/2018. He has been making IRA contributions through 9/30. Will his W-2 Retirement Plan now be checked and thus make his IRA contributions non-deductible? His spouse does not work and is not covered by a retirement plan. it seems he may get a partial deduction if his income falls between $101,000 and $121,000?

His spouse has also been making Traditional IRA contributions, it seems like her contributions will remain fully deductible as their income is less than $189,000. Correct??

He is in a tough spot as the fiscal retirement plan year plan does not align well with a calendar year w-2 and the covered by a retirement plan at work criteria. Any thoughts?? Am I thinking about this correctly?



Since client was not an active participant for the plan year that ended (9/30/2018) in the client’s taxable year his W-2 for 2018 should NOT have Box 13 checked. Therefore, for 2018 client and spouse should get a full TIRA deduction, but if he is contributing now or receives any automatic contribution for the plan year 10/2018-9/2019, the box will be checked on his 2019 W-2.

I see the wording is based on Plan Year end. Thank you for the clarification. 

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