BG5150 Posted August 24, 2023 Posted August 24, 2023 Employee participated in two plans during 2022 and went over the 402(g) limit by $1,000. Can we just remove the funds from the plan and the ER issue a corrected W2? Before all of the "Nooooooo" answers, consider this: The ER is already reissuing a new W2 b/c of another, unrelated problem. Can/should they "correct" the deferral and remove the funds from the plan? If so, does it get placed int he suspense account or can it be sent back to ER as Mistake of Fact? QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
BG5150 Posted August 24, 2023 Author Posted August 24, 2023 Side note, the participant live in CA and has an IRS extension due to the wildfires, so taxes were not filed yet. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
C. B. Zeller Posted August 24, 2023 Posted August 24, 2023 This seems like a lot more trouble than just having the plan issue the refund directly to the participant with the appropriate 1099-R. acm_acm, Luke Bailey and ugueth 3 Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co
CuseFan Posted August 24, 2023 Posted August 24, 2023 Isn't it up to the Employee to catch and then request from which plan they want the refund? It's not up to the Employer to fix, it's only the Employer's responsibility to distribute the requested excess amount when requested by the Employee. acm_acm, Bill Presson and Luke Bailey 3 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
BG5150 Posted August 24, 2023 Author Posted August 24, 2023 Thing is, the company has to re-do the W2 for other reasons. So why not knock out two birds w/ a single missile? QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
BG5150 Posted August 24, 2023 Author Posted August 24, 2023 Plus, it'll get him out of the double taxation thing. (It seems the CA extension lasted until 8/15, unless they put in another one in for the recent hurricane. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
MDCPA Posted August 25, 2023 Posted August 25, 2023 So you're suggesting to act counter to published guidance regarding excess deferrals, and have the employer alter payroll records to hide what actually happened to fix an employee's issue? I wouldn't do it, but you have fun with that. CuseFan, C. B. Zeller and Luke Bailey 3
CuseFan Posted August 28, 2023 Posted August 28, 2023 Or to put it another way, play a game of audit roulette. Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
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