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2022 Excess Contribution Return - Amended Return Help Needed

@fanfare @guywong 

 

Thank you both for your help!  It is sincerely appreciated.

 

I will proceed with amending the 2022 with the following actions which I will document here in case someone else has a similar issue. My issue was outlined in my original post of this thread.

 

I will go ahead and prepare and submit an Amended 2022 Tax Return by going into TT and creating a 1099-R for the year 2023.  That is, the 1099-R will be a 2023 dated addition.

Box 1 will have the total of the excess contribution ($2900.98) + the earnings (NIA) of $50.19 = $2951.17

Box 2a will be the same total amount of $2951.17 as the entire amount needs to be taxed in 2022.  

Box 7 will have a Code of “2 P”.  The 2 is because my wife retired in 2022 and so there is an exception to the early distribution even though she is under age 59 1/2.  The code P is to denote that the 2023 1009-R is in reference to excess contribution return of the prior year, 2022, and will be taxed as 2022 income.

 

That should be it, other than the obvious Payer/Payee information which I will fill out.

 

In the 1040-X section on Notes, I will add both verbiage from the Excess Contribution letter we received informing us of the need to address this amount and the IRS recommended Note for the Amendment which says “Pursuant to 301.9100-2” which draws attention to the 2022 Tax Filing have the automatic (default) extension to Oct. 15, 2023 date since the original 2022 return was filed “Timely” by April 15, 2023.  That is, this Amendment falls within the scope and timing of the default extension allowed to correct the 2022 Return as needed here.

 

That should hopefully do it.

 

Thanks again to you both

@AMS2022

2022 Excess Contribution Return - Amended Return Help Needed

[[ removed ]]

 

@AMS2022 

2022 Excess Contribution Return - Amended Return Help Needed

Never mind.

 I take it back.

Go ahead and try it your way.

 

@AMS2022 

2022 Excess Contribution Return - Amended Return Help Needed

@AMS2022 u wrote, "Box 2a will be the same total amount of $2951.17 as the entire amount needs to be taxed in 2022. "  That's wrong.  It should be $2,900.98, the amount of the excess deferral.  Earnings is taxed in the year of distribution, not the year of contribution.  See my post from yesterday and the Thomson Reuters link below.  Once again, assuming the $2,951.17 was distributed to your wife by the IRA trustee, you should contact the IRA trustee to make sure they will be coding the excess deferral with a "P" in Box 7.

 

Since the money was distributed after April 15, 2023, you have a different problem.  I believe the only way out is if you live in a federally declared disaster area such as most counties in California where the original filing due date has been postponed to mid October.  

 

https://www.irs.gov/retirement-plans/consequences-to-a-participant-who-makes-excess-annual-salary-de...

Correcting excess deferrals

The excess deferrals can be correcting by distributing the excess (including earnings) by the due date of your tax return. 

Consequences if excess is not corrected

If the excess is not timely distributed, it is:

  1. included in your taxable income for the year contributed, and
  2. taxed a second time when the deferrals are ultimately distributed from the plan.

The excess deferrals may not be distributed until a distribution is otherwise permissible under the terms of your plan. Additionally, you do not receive basis in the excess deferrals.

 

https://tax.thomsonreuters.com/news/irs-reminds-taxpayers-to-remove-excess-salary-deferrals-by-april...

For a taxpayer who withdraws excess salary deferrals, plus earnings, by April 15, 2022:

  • Excess deferrals are taxed as 2021 income.
  • Earnings on excess deferrals are taxed as income in the year withdrawn (2022).
  • Excess deferrals aren’t subject to the 10% early distribution tax, 20% withholding, or spousal consent requirements.

However, if taxpayers with excess deferrals don’t withdraw those excess deferrals, plus earnings, by April 15, 2022:

  • Excess deferrals are taxed as income in 2021 and again when they are withdrawn.
  • Earnings on the excess are taxed in the year withdrawn.
  • Withdrawals may be subject to the 10% early distribution tax, 20% withholding, and spousal consent requirements.

To avoid double taxation, taxpayers who have exceeded the contribution limits should ask their plan administrator to distribute any excess amounts to them before April 15, 2022.

2022 Excess Contribution Return - Amended Return Help Needed

@guywong - amazing how something could be this complex.  But I imagine the entire IRS tax code is that way.

 

To your latest comments, here are my thoughts.

 

First, I have seen in numerous places that the NIA portion of an Excess Contribution is taxed in the year of the contribution, not actual distribution.

////

See this link, https://www.thetaxadviser.com/issues/2020/apr/correcting-excess-contributions-iras.html and

the following excerpt from it:

Eliminating excess contributions by making corrective distributions

The 6% excise tax on an excess contribution may be avoided by making a "corrective distribution," provided no deduction has been allowed for the contribution. An IRA makes a corrective distribution by timely distributing the amount of the excess contribution, together with any accumulated net income attributable to the excess contribution.

A corrective distribution is timely if it is made by the extended due date of the taxpayer's tax return for the tax year of the contribution.17 That date is normally Oct. 15 of the calendar year following the year the taxpayer made the contribution (even if the taxpayer did not need or obtain an extension of time to file his or her return). However, if the taxpayer did not file a timely return for the year of the contribution, the taxpayer must complete the corrective distribution by April 15 of the year following the year of the contribution.18

If the conditions for a corrective distribution are met, the original contribution is treated as if it had not been made.19However, the distribution of income earned by the IRA on the excess contribution is taxable in the year of the contribution and is subject to the early-distribution penalty, unless an exception applies.20

////

Also see Instructions for 1099-R, page 11:

Traditional, SEP, or SIMPLE IRA. Generally, you are not required to compute the taxable amount of a traditional, SEP, or SIMPLE IRA or designate whether any part of a distribution is a return of basis attributable to nondeductible contributions. Therefore, except as provided below or elsewhere in these instructions, report the total amount distributed from a traditional, SEP, or SIMPLE IRA in box 2a. This will be the same amount reported in box 1. Check the “Taxable amount not determined” box in box 2b.
Active participation begins with the first month in which an employee became a participant under the plan and ends with the earliest of:
• The month in which the employee received a lump-sum distribution under the plan;
box 7. See Regulations section 1.1011-2(c), Example 8.
• For a distribution by a trust representing CDs redeemed early, report the net amount distributed. Do not include any amount paid for IRA insurance protection in this box.
• For a distribution of contributions plus earnings from an IRA before the due date of the return under section 408(d) (4), report the gross distribution in box 1, only the earnings in box 2a, and enter Code 8 or P, whichever is applicable, in box 7. Also, enter Code 1 or 4, if applicable.

////

Next see this example on page 34 of Pub 590-A:

Form 1099-R. You will receive Form 1099-R indicating the amount of the withdrawal. If the excess contribution was made in a previous tax year, the form will indicate the year in which the earnings are taxable.
Example. Maria, age 35, made an excess contribution in 2022 of $1,000, which she withdrew by April 18, 2023, the due date of her return. At the same time, she also withdrew the $50 income that was earned on the $1,000. She must include the $50 in her gross income for 2022 (the year in which the excess contribution was made). She must also pay an additional tax of $5 (the 10% additional tax on early distributions because she isn’t yet 591/2 years old), but she doesn’t have to report the excess contribu- tion as income or pay the 6% excise tax. Maria receives a Form 1099-R showing that the earnings are taxable for 2022.

////

In the example above, clearly the $50 NIA is taxed in year 2022, the year OF the excess contribution, NOT the distribution which occurred in April of 2023.

 

Now - where I was hung up was what amounts to enter in Box 1 and 2a.  If I only entered the $50.19 of NIA in Box 2a, I was afraid that the $2900.98 excess contribution would escape taxes and cause a problem.

 

So being conservative, I left both Box 1 and 2a with the total $2951.17, used Code P, ensured the 1099-R I created in TT was identified as 2023 (so that the P referred to 2022 - the year of the excess contribution AND the year I Amended) and filed it today.

 

The IRS return (e-file) was accepted and the additional tax I owe will be pulled on Monday.

 

I guess now time will tell if this is all correct or not.  But I have effectively “paid my dues” to the best of my understanding.

 

Thanks,

@amS2022

 

 

 

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