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Haven't ever seen this one. Suppose a non-profit has a formula of 10% of pay. In a given year, they contribute 15%.

There's no penalty for a nondeductible contribution because there is no deduction anyway. The question is, can/must it be ALLOCATED even though it violates the formula?

My inclination is no - it is an operational violation of the plan, so it needs to be carried over to the next year, for which they can amend the plan to increase the contribution if so desired. Any other thoughts?

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