Excess Deferral to SIMPLE

[Guest Jim Brennan]

Self employed person deferred $6000 in '98 but now doesn't have $6,000 of earned income.

Is there any way to return the excess?

How is it reproted on the 1099R?

[Gary Lesser]

Remove the excess (after taking the employer's contribution into ac****) on or before the due date of the individual's Form 1040 along with any gain thereon. So, if the S-E earned, say $4,000 is to be matched 100% up to 3%:

$4,000 x .9235 = $3,694 (IRS called for reduction under IRC 1402)

$3,694 / 1.03 = $3,586.41 (elective amount)

$3,586.41 x 3% = 100%/3% match of $107.59.

$107.59 + $3,586.41 = $3,694.00.

The SIMPLE-IRA trustee will Code the 1099-R to reflect that only the gain (from first prior year) is taxable for such year. The return of the nondeductible excess contributions is not taxable when distributed. [iRC 4972(d)((1)(A)((iv)]