J Samuelson
Jan 6 2000, 12:31 PM
If an employer who has a SIMPLE IRA in place,lets an employee defer $6500 instead of $6000 (it was supposed to be $250 for 24 pay periods, but they have 26 pay periods), does the W-2 need to be corrected to reflect the $6000 max allowed? It seems if the W-2 gets corrected AND a 1099 is issued, the employee will be double taxed on the excess.
Gary Lesser
Jan 13 2000, 01:09 PM
The return of the excess is not taxable. Any gain removed (required if before due date) is taxable and probably subject to the 25% penalty. I sugest that employer provide letter of explaining excess so that employee can show it to trustee/custodian and request that "an excess contribution" is being removed. [Note: there are no citations or IRS provided rules; but are my best educated guess. I do concurr with incluion on the W-2, otherwise employer subject to 10% penalty for a nondeductible contribution.] Trustee can split the amount being distributed (excess and gain).