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Q.401k excess

지역California 아이디d**yelee0****
조회2,907 공감0 작성일4/1/2015 11:15:18 AM
 I participated in 401k and reached the max $17500 last year, but my employer returned about $10000 as an excess last week (end of March). Because I have already filed my tax this year, I inquired both my employer and IRS what I should do with the returned contribution. My employer told me that I should add it to my income in 2015 as they'll be sending 1090G by Jan. next year without changing my 2014 tax. However, IRS helpline rep told me the employer should be sending me a revised W2 and I should be amending my 2014 tax using 1040X form.


My employer quoted internal revenue code 4979(f)(2), and the IRS rep quoted the IRS rule book page 10.


Please advise which one is correct so that I can take measures accordingly. 
0/1000

* 등록된 총 답변수 1개입니다.

김광호 님 답변 [머니/재테크] 답변일 4/1/2015 12:22:36 PM
Your question caught my attention as I was honestly not aware of the tax code you mentioned in your question. After reading your question, I initially agreed with IRS Rep because that is the normal remedy/procedure when this thing happens although it rarely happens in the real world.

I looked into the fine print of the tax code 4979(f)(2) word by word and then came to a conclusion that your employer has a point according to the written tax code.

In order not to have any tax implication on your 2014 tax return, the excess has to be distributed before Feb 15, 2015. However, in the case of automatic contribution arrangement (or “Plan”), the company has 6 months to do so. In reality, most (if not all) of employers implement 401(k) Plan which can be automatically deducted and contributed to the Plan Administrator, therefore; your Plan most likely is qualified for the 6 month extension.

Since your employer is not changing your taxable wages for 2014 by following the tax code specified, and subsequently will issue 1099G in 2015, I would go with what your employers is suggesting.
If your employer is not disclosing the change to IRS, then IRS would not know otherwise.
Thanks,
Kwang

김광호 [머니/재테크>세금/세무]

직업 공인회계사

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