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Level 4
posted Mar 19, 2020 2:31:25 PM

TT asks if I am "covered by a retirement plan at work". What precisely is meant by "covered ..."?

I am self employed. I have a SEP IRA that I last contributed to years ago. Does this mean I am currently "covered by a retirement plan at work"? TT is prompting me to contribute to a traditional IRA.

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2 Best answers
Expert Alumni
Mar 19, 2020 7:08:40 PM

Please view this irs link. in this link it states:

 

You’re covered by an employer retirement plan for a tax year if your employer (or your spouse’s employer) has a:

  • Defined contribution plan (profit-sharing, 401(k), stock bonus and money purchase pension plan) and any contributions or forfeitures were allocated to your account for the plan year ending with or within the tax year;
     
  • IRA-based plan (SEP, SAR SEP or SIMPLE IRA plan) and you had an amount contributed to your IRA for the plan year that ends with or within the tax year; or
     
  • Defined benefit plan (pension plan that pays a retirement benefit spelled out in the plan) and you are eligible to participate for the plan year ending with or within the tax year.

Intuit Alumni
Mar 20, 2020 2:07:46 PM

Here are the IRS regulations for the definition of Covered by a Retirement Plan:

 

You’re covered by an employer retirement plan for a tax year if your employer (or your spouse’s employer) has a:

  • Defined contribution plan (profit-sharing, 401(k), stock bonus and money purchase pension plan) and any contributions or forfeitures were allocated to your account for the plan year ending with or within the tax year;
     
  • IRA-based plan (SEP, SARSEP or SIMPLE IRA plan) and you had an amount contributed to your IRA for the plan year that ends with or within the tax year; or
     
  • Defined benefit plan (pension plan that pays a retirement benefit spelled out in the plan) and you are eligible to participate for the plan year ending with or within the tax year.

 

Here is a link to the IRS above article:  IRS Article on Covered by Employer's Retirement Plan.

23 Replies
Expert Alumni
Mar 19, 2020 3:35:56 PM

No, it's not referring to a SEP IRA you contributed to years ago.  It's referring to a retirement plan (401(k), 403(b), pension plan, etc.) offered by an employer you worked for during 2019.

Level 4
Mar 19, 2020 6:38:53 PM

Thank you for your response.

I asked because TT gave examples of “a retirement plan at work”, including “ 401k,403b, Keogh, SEP, SIMPLE, qualified pension plans , and some other situations” where “ ... you’re also considered covered”.

Thus, could you please confirm that a SEP IRA previously contributed to by a self employed person does not now make that same person considered to be “ covered by a retirement plan at work”.

Expert Alumni
Mar 19, 2020 7:08:40 PM

Please view this irs link. in this link it states:

 

You’re covered by an employer retirement plan for a tax year if your employer (or your spouse’s employer) has a:

  • Defined contribution plan (profit-sharing, 401(k), stock bonus and money purchase pension plan) and any contributions or forfeitures were allocated to your account for the plan year ending with or within the tax year;
     
  • IRA-based plan (SEP, SAR SEP or SIMPLE IRA plan) and you had an amount contributed to your IRA for the plan year that ends with or within the tax year; or
     
  • Defined benefit plan (pension plan that pays a retirement benefit spelled out in the plan) and you are eligible to participate for the plan year ending with or within the tax year.

Level 4
Mar 19, 2020 7:14:23 PM

I worked for myself in 2019. A SEP IRA was established for myself a few years ago. No contribution to my SEP IRA for 2019. Why am I not considered "covered at work" for 2019  - is it simply because I will not be contributing to my SEP IRA for 2019?  

Level 4
Mar 19, 2020 7:19:35 PM

Thank you DavidF (and the other David, too). I did not see the last response before I posted my followup questions above. I  do see now that as no contribution made to SEP IRA for 2019, I am thus not considered covered. 

Expert Alumni
Mar 19, 2020 7:21:32 PM

If the only retirement plan you have is the SEP-IRA and if you made no contribution to it then you are not covered by a retirement plan at work. 

Level 4
Mar 19, 2020 8:27:07 PM

DaveF:

To be clear, I did make contributions to my SEP IRA for some prior years. I did not make one  for tax year 2019.

You indicated I am not considered covered (for 2019) if I did not contribute to my SEP IRA. Are you referring a contribution at any time, or a contribution for tax year 2019? "Not considerd covered" for tax year 2019 if no contribution to SEP IRA for tax year 2019 (or if no contribution to SEP IRA at any time)?

 

Intuit Alumni
Mar 20, 2020 2:07:46 PM

Here are the IRS regulations for the definition of Covered by a Retirement Plan:

 

You’re covered by an employer retirement plan for a tax year if your employer (or your spouse’s employer) has a:

  • Defined contribution plan (profit-sharing, 401(k), stock bonus and money purchase pension plan) and any contributions or forfeitures were allocated to your account for the plan year ending with or within the tax year;
     
  • IRA-based plan (SEP, SARSEP or SIMPLE IRA plan) and you had an amount contributed to your IRA for the plan year that ends with or within the tax year; or
     
  • Defined benefit plan (pension plan that pays a retirement benefit spelled out in the plan) and you are eligible to participate for the plan year ending with or within the tax year.

 

Here is a link to the IRS above article:  IRS Article on Covered by Employer's Retirement Plan.

Returning Member
Feb 15, 2021 6:39:56 PM

What if you work at two places and one had a plan and one did not?

Expert Alumni
Feb 15, 2021 6:58:50 PM

You are covered by a retirement plan at work if you were eligible to participate.   If you were eligible to participate for the plan year ending with or within the tax year, you are considered covered by a plan at work.  

 

Box 13 on the Form W-2 you receive from your employer should contain a check in the “Retirement plan” box if you are covered. If you are still not certain, check with your (or your spouse’s) employer.

 

The limits on the amount you can deduct don’t affect the amount you can contribute. However, you can never deduct more than you actually contribute.    @jimri

Returning Member
Feb 16, 2021 7:12:52 PM

Just so I am clear on you explanation , if I worked at ANY company during the year that checked the box then I am covered by a retirement plan.  

Level 15
Feb 16, 2021 7:20:12 PM

Yes.

Expert Alumni
Feb 16, 2021 7:20:26 PM

Yes, if you were eligible to participate in any one employer plan, you are considered covered by a retirement plan at work.    @jimrice57

Level 1
Mar 25, 2022 2:04:49 PM

Hello - I have a question about this topic this year (2021), although I have a different situation. Background: I worked in 2021, but my husband did NOT. We both made IRA contributions since I made enough at work to cover them both.

 

I am unsure how to answer the question on TurboTax that asks if my husband was covered by a retirement plan at work.

 

He did not work, so I feel like the answer should be he was NOT covered by a retirement plan at work. However, I am not sure since he was only allowed to make an IRA contribution because I worked and therefore maybe since I was covered by a retirement plan at work, he is also considered covered by my retirement plan. 

 

Additionally, I don't think this has any bearing on the situation, but want to make sure. My husband is a military retiree who gets a military retirement, but since he no longer works (for past 2.5 years) he isn't currently covered by a retirement plan at work. 

Expert Alumni
Mar 25, 2022 3:38:57 PM

Even though an IRA is owned by an individual, the limit and deductibility for the IRA contribution depends on whether your OR your spouse if covered by a retirement plan at work.

 

If I remember the questions you are referring to, the first question will be for your husband (is he covered by a retirement plan at work), to which you can answer "No". The second question asks if you (the spouse) is covered by a retirement plan at work, to which you answer "Yes" (assuming that you are covered).

 

Please see this IRS webpage for more information.

Level 3
Feb 13, 2023 10:10:35 AM

So, if I'm retired from an employer (and collecting my pension), but did NOT work for them in 2022, I should click "Not covered". It would help if the instructions were clearer for those who retired (but still have earned income elsewhere).

Expert Alumni
Feb 13, 2023 10:52:50 AM

Correct.  To be covered by that employer's plan you had to have worked for the employer in 2022.  

 

You’re covered by an employer retirement plan for a tax year if your employer (or your spouse’s employer) has a:

 

  • Defined contribution plan (profit-sharing, 401(k), stock bonus and money purchase pension plan) and any contributions or forfeitures were allocated to your account for the plan year ending with or within the tax year;
     
  • IRA-based plan (SEP, SARSEP or SIMPLE IRA plan) and you had an amount contributed to your IRA for the plan year that ends with or within the tax year; or
     
  • Defined benefit plan (pension plan that pays a retirement benefit spelled out in the plan) and you are eligible to participate for the plan year ending with or within the tax year.

Level 3
Feb 13, 2023 11:49:10 AM

Much appreciated!

 

And what about if I'm self-employed and make a SEP contribution? The traditional IRA amount that TT proposes is about 3x what it says is the maximum SEP contribution I can make.

 

But is seems to be a Spanish barber problem (In a small village, the barber shaves every man who does not shave himself... who shaves the barber?)

 

If I, as my own employer, make a SEP contribution on my behalf, am I then employed by an "employer" and therefore can't make a contribution?

 

Ah, tax law!

Expert Alumni
Feb 13, 2023 12:47:06 PM

Whether you count yourself as an employer or employee the company that you own can contribute to a SEP on your behalf.  Although if you can contribute three times as much to a traditional IRA maybe you should do that.

 

@rchead037 

Level 3
Feb 13, 2023 1:37:49 PM

Thanks!

 

Though the language that was quoted earlier from the IRS suggests that if one is "eligible" for an employer retirement plan, that prevents the making of a personal IRA contribution... It's not a big deal, but this just shows how hard it is to be precise about all this!

Level 3
Feb 13, 2023 1:41:48 PM

CORRECTION:

 

No personal IRA if you are "eligible to participate for [a defined benefit] plan year ending with or within the tax year.:

 

But for a SEP, SIMPLE, SARSEP, or DC plan, an amount has to be allocated/contributed. 

 

So it looks like I can contribute to my personal IRA _instead_ of my SEP... but not both.

 

Turbo-Tax, so far, is letting me contribute to both, and the chances of the IRA ever noticing are pretty small, I'd say... but best to play it safe, and best to be legal where it's clear what legal is.

New Member
Mar 24, 2023 2:27:47 PM

Seen this posted a lot and it’s fairly easy to find on the IRS site:

 

  • Defined benefit plan (pension plan that pays a retirement benefit spelled out in the plan) and you are eligible to participate for the plan year ending with or within the tax year.

What is the definition of eligible to participate?

 

My situation is:

I work for a municipality. They contribute to a state run defined benefit pension plan; TN Consolidated Retirement System.


I have no option to contribute anything.

The employer contributes everything and it is not considered income for us. It is a benefit they provide. 

For 17 years our W2s have had Box 13 Retirement Plan NOT CHECKED. 


I had even inquired with HR before about why this was. They told me since we did not have any option to contribute to the pension plan and the employer funds it completely, we were not considered eligible to participate. 

So my main question here is:

what makes a person eligible to participate in a defined benefit plan?

 

And if anyone has any further insight into my situation, I’d love to hear it. 

Thanks 

Expert Alumni
Mar 24, 2023 3:12:08 PM

It appears you are eligible by the fact that you are covered by the Tennessee Consolidated Retirement System.  It is not clear why your employer did not check box 13 on your W-2 as they probably should have.  The TCRS is a defined benefit plan and according to the IRS you are eligible to participate in such plan whether you were enrolled or not.  IRS Publication 590-A provides the following information about defined benefit plans and eligibility:

Defined benefit plan. If you are eligible to participate in your employer's defined benefit plan for the plan year that ends within your tax year, you are covered by the plan. This rule applies even if you:

 

  • Declined to participate in the plan,  
  • Didn’t make a required contribution, or 
  • Didn’t perform the minimum service required to accrue a benefit for the year. 

A defined benefit plan is any plan that isn’t a defined contribution plan. In a defined benefit plan, the level of benefits to be provided to each participant is spelled out in the plan. The plan administrator figures the amount needed to provide those benefits and those amounts are contributed to the plan. Defined benefit plans include pension plans and annuity plans.

Thus, you are eligible by virtue of the fact that you are an employee of a Tennessee municipality that offers a defined benefit plan.  It does not appear that you have the option to decline to participate.  However, even if you could decline to participate, you would still be considered eligible according to IRS Publication 590-A.

 

@goodoletaxes