Excess SIMPLE Employer Contributions & Form 5330

Technical topics regarding tax preparation.
#1
Posts:
77
Joined:
22-Feb-2019 1:56pm
Location:
Tacoma, WA
Working on a new S-Corp client, and learned they made excess SIMPLE employer contributions for the owner in 2019 & 2020.

The business matched 100% of the contribution, and is far greater than the 3% max employer contribution.

The financial planner says they need to take an excess distribution. I've done my research but still a little lost

1) The employer will receive the excess distribution, and the employee will receive a 1099-R with 0 taxable income.
2) We need to fill out form 5330 for the Excess distribution for each year. 2020 hasn't been filed yet, so I'm hoping we can fix that, and not file a form 5330? Each year we file form 5330 will incur a 10% penalty for the contributions

My question is, I feel they should recognize the income, that they deducted on their 2019 tax return. Should I just go back and amend 2019?
 

#2
Doug M  
Posts:
3558
Joined:
22-Apr-2014 1:09pm
Location:
Oregon
I personally would amend 2019. Also include the excess contribution tax. As for 2020, just get the excess contribution out of the SIMPLE account before the due date of the return.
 


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