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New SEP Limit?


Guest Andy Mayo

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Guest Andy Mayo
Posted

I understand that EGTRA - Economic Growth and Tx Reconciliation Act of 2001 - amended Sec. 404(h), the deductibility limit for SEPs, but didn't amend Sec. 402(h), so the maximum contribution permitted is still 15%. In other words, a person could deduct up to 25% but can't make a contribution bigger than 15%.

Can anyone confirm this?

Posted

It appears to be the case. Even though SEPs will be subject to the new 415© limits -- which will be the lesser of $40,000 or 100% of pay, and the deduction limit will be increased to 25% of pay, it doesn't look like IRC Sec. 402(h)(2) was changed. Perhaps this is something to be fixed under a Technical Corrections bill.

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