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well, when the person files his income taxes, the IRS, since they do everything so brilliantly will add the W-2s and notice the overage in deferrals, and so, whether the person claimed it or not, will tax the person anyway (well, ok, maybe that won't happen, but that is what should happen) and yes, since we are past the April 15 deadline, the person gets taxed in the year of distribution as well. these are the notes I have: If excess deferrals are not distributed by the April 15 deadline, the excess is taxed twice, once in the year deferred and once in the year the excess is distributed. Only one 1099-R is issued—for the actual year of distribution—but the individual still needs to report the deferral on the tax form in the year the excess occurred. In addition, excess deferrals that are not distributed timely (before April 15) are subject to the Section 72(t) 10 percent premature distribution tax. ....... again I think it's 1 1099 because the govt has caught the fact the person had excess and adjusted the taxes appropriately.

In no particular order: 1) IRC 413©(2) addresses multiple employer plans and the exclusive benefit rule. 2) Based on an article I've seen, I believe Kirk Maldonado may have some expertise in this area. 3) May I propose a question to GBurns on behalf of J.C. Fogerty and CCR: I want to know, Have you ever seen the rain? I want to know, Have you ever seen the rain Comin' down on a sunny day?