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Excess SEP IRA contribution

I made a mistake in 2020 and contributed an excess amount to my SEP IRA (for 2019 return).  A realized this mistake a few days later and removed the excess amount via a distribution.  Now I'm getting a 1099-R form from my finance institution for the amount I took as the distribution.  It seems that I should not have to pay taxes on the distribution as it was a correction on overpayment.  How can I do this in TurboTax?  Put 0 in the taxable amount box?  Change the box 7 distribution code?

 

Thanks!

 

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9 Replies
dmertz
Level 15

Excess SEP IRA contribution

What is the code in box 7 of the Form 1099-R provided by the payer.

Is the amount in box 2a the same as the amount in box 1?

IF box 2b Taxable amount not determined marked?

Excess SEP IRA contribution

Thanks for the reply.

 

Box2a is the same amount as in box 1.

 

The box 2b "Taxable amount not determined" is checked.  The box 7 code is "1".

 

This makes sense, I have not contacted them about why I made the distribution, but I'm thinking maybe I should?  Or can I just mark box 7 myself to indicate there was an excess?

 

dmertz
Level 15

Excess SEP IRA contribution

Yes, you should have contacted them about explicitly obtaining a return of the excess contribution.

 

What you received is a regular distribution, not a return of contribution before the due date of your tax return and a regular distribution is not a proper way to have dealt with this.  The problem is that a return of contribution before the due date of your tax return is required to have been accompanied by any investment gain or loss, with only the investment gain being subject to income tax (and to an early-distribution penalty).

 

You might be able to file a substitute Form 1099-R (Form 4852) to explain how this distribution could be interpreted as a return of contribution, but doing so would require you taking into account any investment gain (which would have resulted in some amount of the excess contribution remaining in the SEP-IRA and subject to a 10% excess contribution penalty on Form 5330 unless you could somehow treat the remaing excess as a regular traditional IRA contribution) or loss (which would have resulted in the distribution being a combination of a return of contribution before the due date of your tax return and some amount of regular distribution).  However, I'm not aware of any case where the IRS has actually accepted this way of disputing the reporting on the Form 1099-R.  Without such an interpretation, you may still have the excess contribution subject to the 10% excess-contribution penalty and a regular distribution subject to the normal tax and 10% early-distribution penalty.

 

Since the contribution was made in 2020, there is some potential to have treating what would have been an excess contribution for 2019 as a contribution for 2020 instead, provided that you had already accumulated enough net earnings in 2020 to have support a SEP contribution of that amount.  The IRA custodian reports SEP contributions to the IRS as to the year in which the SEP contributions are made, not the year for which the contributions are made.

 

I generally don't ask for specific dollar amounts on this public form, but was the dollar amount of the excess SEP contribution substantial?

 

Putting a zero in box 2a will cause TurboTax to treat the distribution as a return of excess contribution after the due date of your 2019 tax return, including extensions.  This could be an alternative since the Form 1099-R does not report the timing of the distribution, and would require explanation.  Doing this, you would still owe the 10% penalty for 2019 on a 2019 Form 5330.  TurboTax does not support Form 5330.

Excess SEP IRA contribution

Thank you for the detailed reply.

 

This puts me in a big pickle, because yes it is a substantial amount in the 5 figures.  Unfortunately my income for 2020 wasn't nearly as much as in 2019, so I can't count that as a 2020 SEP contribution. 

 

Could this be straightened out with a call to my financial institution to reclassify the box 7 code?  There was essentially no gain or loss on the excess as I took the distribution only a few days after the contribution.

 

 

dmertz
Level 15

Excess SEP IRA contribution

I would certainly try to get this straightened out with the financial institution, but they tend to be reluctant to make any changes if the the Form 1099-R reflects the transaction that you requested, so don't be surprised if they leave you in the same situation that you are now.  To be able to determine what the distribution of the particular dollar amount would have reflected if some or all of it would have been treated as a return of contribution requires reversing the normal calculation of Net Income Attributable based on account balances at the time of the contribution and the time of the distribution.  Asking the financial institution to make a correction is actually a prerequisite to filing a substitute Form 1099-R (Form 4852).

 

Gain or loss is calculated over all of the investments in the account, so unless the entire account balance was held entirely in cash, it's likely that there was some investment performance needs to be taken into account.  If there was truly no significant investment gain or loss in the account over that period, it might just be considered to be a de minimis error to ignore that gain or loss.

Excess SEP IRA contribution

OK, so I qualify for Covid IRA withdrawal, and I can pay it back this year.   I guess I have to file an amended return?  Does that mean I just have to mail in a form indicating that I've paid back the distribution and want a refund for the taxed withdrawal?

 

 

dmertz
Level 15

Excess SEP IRA contribution

That the distribution reported on this code 1 Form 1099-R can be treated as a Coronavirus-related Distribution means that you can get the money back into your SEP-IRA and, if done before you file your 2020 tax return, will not be taxable on your 2020 tax return.  That would still leave you with the excess SEP contribution to resolve.

 

You shouldn't have to amend your filed 2019 tax return since only the deductible (non-excess) portion of your SEP contribution would have been reported on Schedule 1 line 15.  Even if your 2020 net earnings were less then in 2019, you would only need enough net earnings to be able to absorb the excess, not the portion of the contribution that was deductible on the 2019 tax return.  If net earnings in 2020 were not sufficient to allow all what would have been an excess contribution for 2019 as be allocated as a 2020 SEP-IRA contribution, you should be able to obtain a return of that excess contribution for 2020.

 

For example, lets say that you were eligible to make a SEP contribution for 2019 of $20,000 but mistakenly contributed $30,000 in 2020 that was originally intended to be a contribution for 2019.  Because the contribution was made in 2020, you can treat that deposit as being a combination of a contribution of $20,000 for 2019 and a contribution of $10,000 for 2020 (which you would need to document in your company records).  Then, if your 2020 net earnings will only support a $6,000 SEP contribution for 2020, that would leave you with a $4,000 excess contribution for 2020 that you should be able to have returned by an explicit return of contribution (not a regular distribution) before the due date of your 2020 tax return, avoiding any need to file any Forms 5330 and pay any penalties.

Excess SEP IRA contribution

OK, thank you that is interesting.  Your scenario is not quite what happened, but maybe similar enough to still do it.  Here's what happened, with made up numbers.  Let's say I contributed $30000 and then realized I contributed too much and then withdrew the excess amount which was $10000.  I reported on my 2019 taxes that I had contributed the correct amount, $20000.  Now I'm left with a $10,000 excess, which can count as a covid distribution for 2020.  That's way over what I can contribute based on my 2020 earnings, but I should be able to pay back the $10000 rather than count it as a SEP contribution, correct?  My understanding is that would require a separate form to do however?  Is this possible in TurboTax?

 

 

 

 

dmertz
Level 15

Excess SEP IRA contribution

Treating the $10,000 as a CRD simply allows you to get the money back into the SEP-IRA as if you never took that money out, but does require you to include Form 8915-E with your 2020 tax return to report the CRD and its repayment before the due date of your 2020 tax return.

 

Entirely separately, you treat $10,000 of the original $30,000 deposit as your a SEP contribution for 2020 and report it as such on your 2020 tax return.  The result is that you will have reported a SEP contribution of $20,000 on your 2019 tax return and a $10,000 SEP contribution on your 2020 tax return, treating your $30,000 deposit as being simultaneous contributions of $20,000 for 2019 and $10,000 for 2020.

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