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Solo 401(k) nightmare


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Guest Phil Schwartz
Posted

S-corp. client deposits 55,000 into account in 2006. Initially thought $30,000 was 2005 deduction. Discover no W-2 wages were paid.

Fix - Client took $60,000 in W-2 for 2006 - $15,000 applied toward deferral & $15,000 toward PS. $14,000 must stay in as nondeductible contribution and apply excise and deduct in 2007. $11,000 must be refunded for exceeding the limit.

Any other suggestions or ways around the excise tax (broker wants to know, he's in a pickle)? :blink:

Posted

Does the plan document have language indicating that any contribution by the employer is

conditioned on its deductibility and will otherwise be returned to the employer?

...but then again, What Do I Know?

Posted

Is it possible that the Broker forgot that he also opened a DB Plan for his client effective 1/1/05?

Since the DB plan bases the benefit on a salary average since date of employment and the client had w-2 wages prior to 2005, he might have a significant DB contribution for 2005.

Guest Pensions in Paradise
Posted

I really hope I'm misinterpreting the implied message in the above post.

Posted

Do you remember the Twilight Zone episode where Dick York one day gains the power to read minds? It goes something like this…Dick York is working in a bank and he hears the thoughts of one of his older co-workers. The co-worker is thinking how at the end of the day he is going to walk into the bank’s vault and fill his briefcase with money and walk right out. Dick York alerts his boss, and at the end of the day the security guard grabs the old man and opens his briefcase only to discover that no money is there. Dick York is very embarrassed and confused by the whole incident. Later the old man confesses to Dick that he finds it fun to fantasize about robbing the bank, but, of course, he would never actually do such a thing.

Some things are just fun to think about. And sometimes when you think them through it helps you find a realistic solution.

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