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Level 4
March 14, 2024
Question

401 K Excess Contribution -- Repercussions for not removing excess

  • March 14, 2024
  • 5 replies
  • 54 views

I made some $117 excess in 401k contribution between the 2 401K plans I had in 2023. I know I can request removal of excess using a form . 

My question is : If I am ok to pay the penalty while filing taxes , will I be penalized only 1 year or will the penalty be levied till I finally take this excess $117 out ?

 

How much is the penalty approx?

 

Thanks

Kevin

5 replies

Level 15
March 14, 2024

There is no penalty other than that the $117 must be reported as other earned income on Form 1040 line 1h, making it taxable on your 2023 tax return, and it will be taxed again when the funds are eventually distributed as a regular distribution sometime in the future.  That means that the "penalty" is $117 times the sum of your federal and state marginal tax rates.

Level 4
March 15, 2024

 Thanks drertz: That means that the "penalty" is $117 times the sum of your federal and state marginal tax rates"

In case of a regular withdrawl after retirement age, if I am in 32% federal tax bracket

will that be 117*.32 = $37.44 and that will be only 1 time during that particular withdrawal?

 

Is my understanding correct?

 

What happens in case if I decide to take an early distribution due to hardship? Will IRS consider this $117 amount as a "first out" item from the total existing 401K balance ?

 

Thanks

Kevin

 

Level 15
March 15, 2024

Technically the $117 excess would come out first, but that doesn't really matter since it will be taxed the same way as additional amounts distributed.  It would be different if the excess was a contribution to a designated Roth account in the 401(k) where the $117 and any earnings attributable the $117 would be the first amounts out and would be taxable.