Publication 571 - Tax-Sheltered Annuity Plans (403(B) Plans) For Employees Of Public Schools And Certain Tax-Exempt Organizations Page 23

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later than April 15 of the year following the year
Excess amount, or
the excess deferral was made.
Excess deferral.
11.
Tax treatment of excess deferrals. If the ex-
Excess Amount
cess deferral is distributed no later than April 15,
it is included in your income in the year contrib-
An excess amount is a contribution that is more
Excess
uted and the earnings on the excess deferral will
than your MEA or your limit on annual additions.
be taxed in the year distributed.
Contributions
Example. William’s MAC for 2000 was
Amounts in excess of MEA. Amounts that
$10,500. All of William’s contributions were
are more than your MEA will be included in your
made through salary reductions. He contributed
income in the year of the excess contribution.
If your actual contributions are greater than your
$11,500 in 2000, an excess deferral of $1,000.
MAC, you have an excess contribution. Excess
Note. There is no MEA for years beginning
He notified his plan administrator and his em-
contributions can result in income tax, additional
after 2001.
ployer of the excess contribution on March 15,
taxes, and penalties. The effect of excess contri-
butions depends on the type of excess contribu-
2001, and the excess deferral was distributed on
tion. This chapter discusses excess
April 13, 2001. Because the excess deferral was
Amounts in excess of limit on annual addi-
contributions to your 403(b) account.
distributed before April 15, 2001, the excess
tions. In the year that your contributions are
more than your limit on annual additions, the
deferral will be included in his income for 2000,
excess amount will be included in your income.
and any earnings on the excess is included in
his income in the year they are distributed.
Amounts in excess of the limit on annual
Preventing Excess
additions that are due to elective deferrals may
If you do not receive a distribution of excess
be distributed if the excess contributions were
elective deferrals by April 15 of the year follow-
Contributions
made for any one of several reasons, including:
ing the year it is contributed, it will be included in
your earned income in the year contributed and
To prevent excess contributions, you should fig-
A reasonable error in determining the
in the year distributed.
ure your MAC at the beginning of each year
amount of elective deferrals that could be
using a reasonable estimate of compensation.
made under the limit on annual additions,
Example. Assume that, in the previous ex-
If, at any time during the year, your employment
or
ample, a distribution of the excess deferral was
status or your compensation changes, you
A reasonable error in estimating your com-
not made to William by April 15, 2001. Because
should refigure your MAC using a revised esti-
pensation.
the distribution was not made timely, the excess
mate of compensation.
deferral will be taxed in 2000 (the year contrib-
uted) and again in the year the excess deferral is
Excess Deferral
distributed. The earnings on the distribution will
How Do I Know If I
be taxed in the year they are distributed.
An excess deferral is the amount that is more
than your limit on elective deferrals. To deter-
Have Excess
Excise Taxes
mine your limit on elective deferrals, see chapter
5.
Contributions?
If your 403(b) account invests in mutual funds,
Your employer’s 403(b) plan may contain
and you exceed either your limit on annual addi-
language permitting it to distribute excess defer-
At the end of the year or the beginning of the
tions or your MEA, you may be subject to a 6%
rals. If so, it may require that, in order to get a
next year, you should refigure your MAC based
excise tax on the excess contribution. The ex-
distribution of excess deferrals, you either notify
on your actual compensation and actual contri-
cise tax does not apply to funds in an annuity
the plan of the amount of excess deferrals or
butions made to your account.
account or to excess deferrals.
designate a distribution as an excess deferral.
If the actual contributions to your account are
You must pay the excise tax each year in
The plan may require that the notification or
greater than your MAC, you have excess contri-
which there are excess contributions in your
designation be in writing and may require that
butions.
you certify or otherwise establish that the desig-
account. Excess contributions can be corrected
Worksheet 6. Calculation of Excess 403(b)
nated amount is an excess deferral. A plan is not
by contributing less than the applicable limit in
Contributions for 2001, can be used to figure the
required to permit distribution of excess defer-
later years or by making permissible distribu-
amount, if any, of excess contributions and help
rals.
tions.
you identify the type of excess contribution.
You cannot deduct the excise tax.
Worksheet 6 is in chapter 13.
Correction of excess deferrals during year.
If you have excess deferrals for a year, a correc-
Permissible distributions. A permissible dis-
tive distribution may be made only if both of the
tribution is a distribution that can be made when
following conditions are satisfied.
What Happens If I Have
one of the following events occurs.
You or your employer designate the distri-
Excess Contributions?
You reach age 59
1
/
.
2
bution as an excess deferral to the extent
You have a severance from employment.
you have excess deferrals for the year.
Certain excess contributions in a 403(b) account
You die.
The correcting distribution is made after
can be corrected. The effect of an excess 403(b)
the date on which the excess deferral was
contribution will depend on the type of excess
You become disabled.
made.
contribution.
In the case of salary reduction contribu-
tions, you encounter financial hardship.
Correction of excess deferrals after the year.
Types of excess contributions. If, after
If you have excess deferrals for a year, you may
checking your actual contributions, you deter-
Reporting requirement. You must file Form
receive a corrective distribution of the excess
mine that you have an excess, the first thing is to
5330 if there has been an excess contribution to
deferral no later than April 15 of the following
identify the type of excess that you have. Excess
year. The plan can distribute the excess deferral
a custodial account and that excess has not
contributions to a 403(b) account are catego-
rized as either an:
(and any income allocable to the excess) no
been corrected.
Chapter 11 Excess Contributions
Page 23

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