Timing of employer contributions of tax-exempts as "annual additi

[Guest mike webb]

Just came across this interesting little tidbit in Reg. 1.415-6(B)(7)(ii), relating to whether an employer contribution made to a retirement plan (401(a) or 403(B))counts toward an individual's 415 limit for a particular calendar year:

"If, however, contributions are made by an employer exempt from Federal income tax under section 501(a), the contributions must be made to the plan no later than the 15th day of the sixth calendar month following the close of the taxable year (or fiscal year, if no taxable year) with or within which the particular limitation year ends."

Yet we have Code Section 412©(10), which tells us that employer contributions to dc plans must be made within 8 1/2 months (2 1/2 months, extended by regulation to 8 1/2 months) of the close of the plan year.

Let's say a tax-exempt sponsors an ERISA 403(B) plan with a annual discretionary contribution, and makes its 1999 contribution on 7/1/2000. Even though the Code deadline for that contributions is technically satisfied, does the contribution now count toward the 415 limit for 2000, not 1999, since the contribution was not made by 6/15/2000 (a potentially huge 415 limit trap for the unwary)? Or am I missing something?

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Mike W.

[Carol V. Calhoun]

I looked at this once, and it appeared to me that it was indeed possible to have contributions which would be timely for the first year for minimum funding (412) purposes, but which would still be treated as part of the annual addition for the second year. As you say, this is a trap for the unwary.

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