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Posted

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, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted

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, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted

This seems like a lot more trouble than just having the plan issue the refund directly to the participant with the appropriate 1099-R.

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

Posted

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, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted

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, ERPA

Two wrongs don't make a right, but three rights make a left.

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