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@romeshdaisy Yes, I have the same situation that you mentioned.  My employer failed ADP testing and had to return excess 401(k) deferrals to about 6 employees.  This is for 2018 deferrals.  Checks were issued by Fidelity and returned to employees prior to April 15, 2019.  Employees received a 2019 1099-R, with a distribution code 8 in box 7 which has the definition of (Excess contributions plus earnings/excess deferrals (and/or earnings) taxable in 2019.  So under these circumstances, we would not add the excess deferrals to our 2018 income because they are taxable in 2019 -- the year of distribution.