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@ck128 wrote:

 

          And if Fidelity does do the refund, then there won't be a double tax scenario because there is no extra money when distributing the 401K in the future, right?

          And only if Fidelity will not refund (after 4/15 or after 7/15), then this is a double tax situation, correct?

   

 


If the excess plus any earnings are not returned by the date specified by the IRS then it will be a taxable distribution.      In addition, if you are under age 59 1/2 it will also be subject to a 10% early distribution penalty.    It would make little sense to remove it after the date and not just leave it in the plan to continue to grow.  

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**