403b / 415 Limits

415 Limits:

(e) Limitation year for individuals on whose behalf section 403(b) annuity contracts have been purchased. The limitation year of an individual on whose behalf a section 403(b) annuity contract has been purchased by an employer is determined in the following manner.

(1) If the individual is not in control of any employer (within the meaning of §1.415(f)-1(f)(2)(ii)), the limitation year is the calendar year. However, the individual may elect to change the limitation year to another twelve-month period. To do this, the individual must attach a statement to his or her income tax return filed for the taxable year in which the change is made. 

Has anyone ever filed such a statement?

No. But I'm curious as to why it matters? 415(e) was repealed last century.

The quoted section in the OP is from Regulation 1.415(j-)-1.

Do you agree that the 415 limitation year for a 403b is always the calendar year unless this election is made?

1 minute ago, david rigby said:

The quoted section in the OP is from Regulation 1.415(j-)-1.

 

My bad thanks for clarifying...

For what it's worth, I've never had a client who wished to change the limitation year on their 403(b) plan.  But it makes sense that Treasury would at least provide for such a possibility. 

If a client did wish to change their limitation year, I would take the conservative approach and recommend that they attach such a statement to their return.  It may seem redundant if there is also a plan amendment to support the change, but why not?  If there is a requirement, then dot your i's and cross your t's. 

I am sure you could draft the statement using 50 words or less even while citing the regulation.