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Posted

A participant's distribution was processed by closing her FBO brokerage account and having checks issued to the participant (70.5%) and one to the company (20% Fed w/h, 9.5% State w/h).

Company wrote two checks and remitted with vouchers to US Treasury and FTB under the Participant's SS#.

Don't I have to prepare a 1099-R? If I do, would I put SS#s in where the Plan's EIN would normally go (Fed & State Payers ID #)? Otherwise, something isn't going to match up somewhere. I have to report a gross distribution and withholding somehow.

Posted
Don't I have to prepare a 1099-R?
Depend on your relationship to the plan.

Didn't the plan (or the plan's trustee, not the company) make the distribution? Seems like the 1099R should show the ID number(s) of the plan, and the SSN of the recipient.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

  • 2 weeks later...
Posted

We've decided to issue a 1099-R to the participant showing the gross distribution and no fed or state withholding. The estimated tax deposits (withholdings) have been remitted by the participant.

Posted
We've decided to issue a 1099-R to the participant showing the gross distribution and no fed or state withholding. The estimated tax deposits (withholdings) have been remitted by the participant.
What am I missing? Is this a rollable distribution, subject to mandatory 20% withholding if paid in cash?

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted
We've decided to issue a 1099-R to the participant showing the gross distribution and no fed or state withholding. The estimated tax deposits (withholdings) have been remitted by the participant.

Given what appears to have happened, this might be the best course of action.

What should have happened is the plan should have submitted the withholding under the electronic funds transfer payment system under its ID, and then reconciled it later under Form 945. What apparently happened is that the withholding was (effectively) submitted as a taxpayer estimated tax payment (even though it was done by the company, if the first post is accurate). Utterly wrong, but the reporting should reflect what happened, not what should have happened.

Ed Snyder

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