Excess Contributions Subject to Excise Tax Per Committee Report 5102?

[billfgrady]

An accountant that we are working on an issue involving excess contributions to qualified plans and the 10% excise tax is referencing Committee Report 5102. The accountant is referencing an exception that says that excess contributions, while they are not deductible, are not subject to the 10% excise tax if they are an "employer matching contribution." I am familiar with Joint Committee Reports, but cannot find one with this number or citation format. Can anyone point me in the right direction?

[Belgarath]

This sounds suspiciously like a RIA paragraph reference to a writeup/analysis of the PPA '06. I'd ask the accountant for a copy of the reference. And part of it says, "As under present law, for purposes of determining the excise tax on nondeductible contributions, matching contributions to a defined contribution plan that are nondeductible solely because of the overall deduction limit are disregarded."

Anyway, you'd want to look at IRC 404 as amended by Section 803 of PPA '06.

Hope this helps.