401k Excess Contribution Late Withdrawal

[ka2626_b]

Due to having multiple employers in 2022, I exceeded my 401k contribution limit. I requested a refund of the excess deferrals, but because the plan provider is backlogged on requests they may not process my refund in time for 2022 tax filing.

Per these threads (401k overcontribution and What if I have a 401(k) excess deferral?) I understand the process assuming the refund is issued on time, but what about if the refund ISN'T issued on time? Is it still the same process of adjusting the box 12 amount to meet the contribution limit and adding the excess under Miscellaneous income? Is the only difference that for 2023 tax filing, I add the excess again as well as any earnings (presumably based on the 1099-R form issued for the refund) to be taxed a second time as a penalty for the late withdrawal?

[DanaB27]

First, you will have to add the excess deferral to your wages on your 2022 return no matter if you get it before April 15th or after. Please, review the steps below (you don't need to change your W-2 unless you receive a corrected one):

1. Login to your TurboTax Account 
2. Click "Federal" from 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".

If you do not take out the excess amount by April 15th, then you are taxed twice on the excess deferral left in the plan. This happens once when you contribute it (with the steps above) and again when you receive it as a distribution (enter Form 1099-R on your 2023 return). You can't include the excess amount in the cost of the contract even though you included it in your income.

If you receive the distribution of the excess deferral and earnings  before April 15th, 2023, then please note for the Tax Year 2023 tax filing due April 15, 2024: 

2023 Forms 1099-R will be issued reporting the excess.

• Form 1099-R with code P in box 7 can be ignored if you reported the excess as described above in 2022. 
• However, the earnings on Form 1099-R with Code 8 in box 7 should be reported in 2023.

Please see Pub 525 for additional information.

[ka2626_b]

Thank you for the clarification on how the double tax works.

Just one more thing - this thread (401k overcontribution) indicates that when the excess deferral is returned on time, the W-2 Box 12 Code D amount should be corrected to show there is no excess contribution. However, in the case that I don't have the excess deferral returned by April 15th, do I still make this adjustment or should I leave the amount as is? Will this flag an error when I'm doing the filing?

[DianeW777]

No.  If you do not plan to have the excess deferral removed from your plan by April 15th, then do not change your W2. However this will trigger an additional penalty for you.

• In brief, excess elective deferrals not distributed from a 401(k) plan by April 15 of the calendar year following the calendar year in which they were contributed will be taxed twice and may be subject to an additional 10% tax on early distributions.
  • 401(k) Fix It Guide

[ka2626_b]

So to summarize, if the excess deferral is issued to me after the deadline of April 15, 2023 but before April 15th, 2024:

1) For my 2022 filing, I add the excess deferral amount as Miscellaneous Income following the instructions that DanaB27 gave, but I DO NOT adjust the amount in box 12 code D as I did not make the corrective distribution before the deadline.

2) The excess deferral and earnings made on it will be reported once more in my 2023 filing as a 1099-R form as codes P and 8 respectively, and at that time I may also pay an additional 10% tax penalty for the early withdrawal.

Sorry for all of the questions, this is my first time encountering this situation and I just want to make sure I have all of the details straight. Thank you very much for your help!

[DanaB27 · Accepted solution]

1) Yes, you will add the excess deferral with the steps mentioned above.

2) If you receive the distribution after April 15th, 2023 then it will be a regular early distribution and you will have to enter the received Form 1099-R on your 2023 tax return. As Tax Expert DianeW777 mentioned this distribution will be subject to the 10 % early withdrawal penalty. 

If you a certain that they cannot remove the excess before April 15th, 2023, you might want to consider leaving the excess in the account until you are 59 1/2 to avoid paying the 10% early withdrawal penalty. 

@ka2626_b 

[ka2626_b]

Understood, thank you for the clarification! I'm not certain that the excess can't be removed on time, just unsure as I couldn't be given a specific ETA, but I'll keep an eye on the status and consider cancelling it if it doesn't seem to be making any progress.

[ka2626_b]

@DanaB27 @DianeW777 

Hello, thank you again for your help previously! From the earlier replies I understand the instructions assuming the refund is not issued on time, but I wanted to clarify one detail assuming that the excess is refunded on time, as I've been getting conflicting answers:

I previously referenced a discussion about amending W2 forms that seemed to indicate that the W2 box 12 amount should be reduced if the excess deferral was returned on time. However, this thread seems to indicate that no changes should be made to the box 12 amount and that the only correction for the W2 should be the addition of the excess deferrals as miscellaneous income. Which of these statements is correct? To be clear, I will not be receiving an updated W2 statement as my retirement account is being managed by a different company from my actual employer.

[DanaB27]

You don’t need to change your W-2 box 12 entry, only enter it as reported on your Form W-2. You can ignore the warning about the excess deferral since you corrected it by adding it as other earned income with the steps above. The warning won’t cause a penalty (this only applies to excess IRA contributions). Therefore, you can ignore it.

@ka2626_b

[ka2626_b]

Understood, thank you very much for the clarification!

[dnlb]

You mentioned leaving the excess distribution in the account - I am over 50 and would like to just leave it in there. Would you please clarify- if I do that, what do I need to change on my 2022 tax return? 

[DanaB27]

You will have to add the excess deferral for 2022 to your wages with these steps:

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 be aware, if you do not take out the excess amount by April 15th, then you are taxed twice on the excess deferral left in the plan.  This happens once when you contribute it with the steps above 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.

Please see Pub 525 for additional information.

@dnlb 

[kilter]

I'm in the same situation as the original poster, and I know I will not receive the excess back in time before the deadline, perhaps at all given the restrictions of my 401k since this withdrawal is not one of allowed types of early withdrawals.

According to the official IRS website on this issue (https://www.irs.gov/retirement-plans/consequences-to-a-participant-who-makes-excess-deferrals-to-a-4... ) it talks about the taxed amount if corrective distribution is made before 4/15 along with how to handle earnings on the gap period -- but not if corrective distribution is not made in time (after 4/15).

So...if I wait until 59.5 (either forced to due to plan terms or by choice), am I going to have to pay significantly more tax on the earnings over that time period since the gap period, is like, 15 years in that case, or is "gap tax" on earnings still limited to earnings during the calendar year (which, in this case, was actually a loss over the calendar year)?

I don't want some really massive tax 15 years from now.  So if someone can clarify specifically -- for the case where corrective distribution of the excess is not possible -- 1) when do I pay tax; and 2) what is the the amount paid each time I have to pay taxes?  For ease of example, let's say the excess was $10,000.  Please advise!

@DanaB27 

[kilter]

Also, I already filed my 2022 taxes, so in addition to the above question on what my tax basis will be, do I have to now file an amendment to my 2022 taxes?  Do I do that now, next year, some other time?

Thanks!

@DanaB27 

[dmertz]

"am I going to have to pay significantly more tax on the earnings"

When distributed, earnings in the traditional 401(k) are taxable as ordinary income whether or not they derived from excess contributions.  If you have no after-tax basis in the 401(k), any distribution from the 401(k) is entirely includible in taxable income.  Even though the excess contribution came from already-taxed money (due to having to report the excess contribution as miscellaneous taxable income on the tax return for the year in which the excess elective deferral was made), the excess contribution does not add to your after-tax basis in the plan.

If not already reported on your 2022 tax return, the excess contribution must be reported as miscellaneous  taxable income by amending your 2022 tax return.  There is no reason related to this to delay amending your 2022 tax return.  You'll just want to wait until your 2022 tax return has been processed before amending.