jaymax69
Returning Member

ROTH 401K to ROTH IRA rollover

I've seen a similar scenario but not my exact situation.

In 2022 I had a ROTH 401K account with TD Ameritrade.  I accidentally overcontributed to it...not by maximum contributions of 27000 (which I did) but turned out after payroll taxes at the EOY I wound up $3800 over.  I have a solo401k and contributed based on expected salary but fell short and didn't catch it on the W-2 (43000 earned, 27000 contributed but turned out 3800 over after calculating withholding and SS).

 

TD Ameritrade then told me they were discontinuing ROTH 401k accounts and I was forced to rollover to a ROTH IRA.  Only caught it this week when checking last year's contributions and making sure I did everything right. Regardless, the overcontribution and subsequent earnings still remains in the ROTH IRA today.

 

As a ROTH 401k what do I do?  does the excess become ineligible to rollover to the ROTH IRA and become taxable for the 2022 tax year of the rollover?  In addition to excise taxes of 6%?  If I withdrawl the funds now - which I intend to do.   Or do I pay income tax on the excess contributions and earnings from them and then deal with 6% excise tax (and possibly 10% early withdrawl penalty)?  I'm past the excess contribution distribution timeline.