Retirement tax questions

You don't get a penalty calculated on an excess deferral (this applies to IRA excess contributions). But if you do not take out the excess amount by April 15th (note this is different from the tax due date), then you are taxed twice on the excess deferral left in the plan.  This happens once when you contribute it (with the steps below) and again when you receive it as a distribution. You can't include the excess amount in the cost of the contract even though you included it in your income.

To confirm, you added the excess deferral on your 2022 tax return with these steps (this will show up on line 1h):

1. Login to your TurboTax Account 
2. Click "Wages & Income" (under Federal) on the left side of your screen
3. Scroll  down to "Less Common Income" and click "Show More"
4. Scroll down to "Miscellaneous Income, 1099-A, 1099-C" and click "Start"
5. Select "Other income not already reported on a Form W-2 or Form 1099" and click "Start"
6. On the "Did you receive any other wages?" screen answer "Yes" and click "Continue"
7. Continue until you get to the "Any other earned income" screen, answer "Yes" and click "Continue"
8. On the "Enter Source of Other Earned income" screen select "Other" and click "Continue"
9. On the "Any Other Earned Income" screen enter "2022 Excess 401(k) Deferrals" for the description, enter the amount and click "Done".

Please see Pub 525 for additional information.

Since you missed the deadline to withdraw the excess deferral, you might want to check with your plan if you can leave the excess in the plan until you are 59 1/2 to avoid the 10% early withdrawal penalty.