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Has anyone actually gone through the process of withdrawing excess contributions from a SEP-IRA? I'm in a similar situation (contributed about $9k too much) and wondering how complicated the process is. Do I need to specify which investments to sell if the money is already invested? And do I need to calculate the earnings myself or does the brokerage handle that?
I had to withdraw excess SEP-IRA contributions last year. The process wasn't too bad - I called my provider (Fidelity) and told them I needed to do an "excess contribution removal." They had a special form for this purpose. They calculated the earnings portion for me based on the performance of my investments during the time the excess was in the account. I did have to specify which investments to sell to generate the cash for the withdrawal. Once processed, they sent me a 1099-R the following January showing the distribution coded properly as an excess contribution return. Definitely do this before filing your taxes if possible!
I went through this exact same situation two years ago and can share some practical steps that worked for me. First, don't panic - this is more common than you think and is fixable. Here's what I learned: You're correct that you can't make employer contributions to both a SEP-IRA and Solo 401k that exceed the 25% limit in total. However, your $22,500 employee contribution to the Solo 401k is completely separate from this limit and is fine. For the SEP-IRA excess withdrawal, contact your provider immediately. Most major brokerages (Fidelity, Schwab, Vanguard) have dedicated forms for this. They'll calculate any earnings on the excess amount and remove both the excess contribution and earnings. You'll get a 1099-R next year, but it won't be taxable income since it's coded as an excess contribution return. One tip: if your investments have lost value since you made the contribution, you might actually get back less than you contributed, which reduces the amount you owe taxes on. The key is to do this before your tax filing deadline (including extensions) to avoid the 6% annual penalty. Also double-check your net self-employment income calculation - make sure you're deducting half of your self-employment tax before calculating the 25% limit. This often reduces the excess amount more than people expect.
This is incredibly helpful, thank you! I'm curious about the timing aspect - if I'm filing an extension, does that give me until October to fix this, or do I still need to handle it by April 15th? Also, when you mention that losses could actually work in my favor, does that mean if my SEP-IRA investments are down since I made the contributions, I'd withdraw less than the $5,000-ish excess I contributed but still be considered "fixed" for tax purposes? I'm also wondering if anyone has experience with how long the excess contribution removal process typically takes. I want to make sure I have enough time to get this sorted before whatever the real deadline is.
This is exactly the type of complex partnership liquidation issue that trips up many practitioners. You're absolutely right that Partner C's capital account should zero out upon complete liquidation. The key is understanding that when a partner with a negative capital account receives a liquidating distribution, they're essentially receiving more than their "share" of partnership assets. The $33,000 distribution plus the forgiveness of their $38,000 negative capital account results in a $71,000 economic benefit, which is taxable gain. On the K-1 Section L, you'll show: (1) the $33,000 cash distribution as a negative adjustment, and (2) a positive $71,000 adjustment labeled something like "gain recognition on liquidation of negative capital account." This brings the ending capital account to zero, which is correct for a fully liquidated partner. Don't forget to check if the partnership has any "hot assets" under Section 751 that would cause part of this gain to be ordinary income rather than capital gain. Also verify your partnership agreement doesn't have any special provisions for deficit restoration that might affect this treatment.
This is really helpful! I'm new to partnership tax issues and have been struggling with understanding how negative capital accounts work in liquidations. Your explanation about the $71,000 economic benefit makes it much clearer - I hadn't thought about it as the partner receiving "more than their share" of assets. One follow-up question: when you mention checking the partnership agreement for deficit restoration provisions, what exactly should I be looking for? Are there specific clauses that would change how we handle the negative capital account liquidation?
Great question! When reviewing partnership agreements for deficit restoration provisions, look for clauses that require partners to contribute cash or property to eliminate negative capital account balances upon liquidation or dissolution. These are sometimes called "DRO" (Deficit Restoration Obligation) provisions. If the partnership agreement contains a deficit restoration clause, Partner C might be legally obligated to contribute $38,000 to bring their capital account to zero before receiving any distribution. This would change the tax treatment significantly - instead of recognizing $71,000 of gain, they might have a different result. However, most partnership agreements don't include deficit restoration provisions because partners typically don't want personal liability for partnership losses beyond their investment. If your agreement is silent on this issue (which is common), then the standard treatment applies - Partner C recognizes the gain as described. Also check for any "qualified income offset" provisions under Treasury Regulation 1.704-1(b)(2)(ii)(d), which can affect how negative capital accounts are handled. These provisions are often found in agreements with special allocations to ensure compliance with the substantial economic effect requirements.
I've been preparing partnership returns for over 15 years, and negative capital account liquidations are definitely one of the trickier areas. Your analysis is spot on - Partner C should recognize $71,000 of gain and their capital account should zero out. One additional consideration that hasn't been mentioned yet is the timing of when to report this. Make sure you're treating this as a liquidating distribution in the year it actually occurred, not spread over multiple years. The entire gain recognition happens in the year of liquidation, even if there were installment payments or other complications. Also, double-check that Partner C's original capital account calculation was correct. Sometimes negative capital accounts result from errors in prior year allocations of income, loss, or distributions. If there were mistakes in earlier years, you might need to consider amended returns before finalizing the liquidation treatment. The Section L entries you're planning are exactly right - negative adjustment for the cash received, positive adjustment for the gain recognition to zero out the account. Just make sure your gain calculation considers the partner's outside basis as well, since that affects the ultimate tax consequences to Partner C personally.
This is incredibly helpful, thank you! I'm relatively new to partnership taxation and this whole thread has been a great learning experience. The point about checking prior year allocations is something I hadn't considered - that could definitely affect the baseline negative capital account balance. Quick question about the outside basis calculation you mentioned: if Partner C's outside basis was different from their capital account balance, would that change the amount of gain they recognize on the liquidation? Or does the gain calculation only depend on the capital account and distribution amounts? I want to make sure I understand the relationship between these two concepts correctly.
Great thread with lots of helpful info! I wanted to add one important point about record-keeping that might help others in similar situations. Even if you've lost original receipts, the IRS accepts "reconstructed records" as long as they're reasonable and based on available evidence. I learned this when preparing for my home sale last year. You can use: - Bank statements showing payments to contractors or home improvement stores - Credit card statements with clear descriptions - Canceled checks made out to contractors - Permits pulled for work (these are public records) - Before/after photos with written explanations - Contractor invoices or estimates (even old ones) The key is being able to demonstrate that the improvements actually happened and provide a reasonable estimate of costs. I was able to reconstruct about $35,000 in improvements this way, which made a huge difference in my capital gains calculation. Also, don't forget about smaller improvements like new appliances, fixtures, or even landscaping that adds value - these all count toward your adjusted basis if you have documentation.
This is incredibly helpful! I never thought about using permits as documentation. My county has an online permit search system, so I just looked up my address and found records for my deck addition from 2018 and bathroom remodel from 2020. The permit applications actually show the estimated project costs, which should help establish a reasonable basis for those improvements. Thanks for mentioning this - it's going to save me a lot of stress about missing receipts!
One thing I haven't seen mentioned yet is the importance of documenting the selling expenses when you calculate your capital gains. These can significantly reduce your taxable gain and include: - Real estate agent commissions (usually 5-6% of sale price) - Title insurance and escrow fees - Attorney fees - Transfer taxes - Home inspection fees paid by seller - Staging costs - Marketing expenses - Any repairs required by the buyer as part of the sale These selling expenses are subtracted from your sale price along with your adjusted basis to determine your actual capital gain. For a $400,000 home sale, you might have $25,000+ in selling expenses, which is a substantial reduction in your taxable gain. Also, @AstroAlpha, regarding your mother's inheritance situation - make sure she gets a proper appraisal of the property's fair market value as of the date of death. This becomes her new basis, and having professional documentation will be crucial if the IRS ever questions the stepped-up basis amount. Don't rely on online estimates like Zillow - get a real appraisal from a licensed appraiser.
This thread has been incredibly helpful - thank you all for sharing your real experiences! I'm in a similar position with a property sale and have been getting pitched on DSTs left and right. What really stands out to me from reading through everyone's comments is that the legitimate DST arrangements seem to require giving up immediate access to most of your proceeds (like Maya's 30% upfront structure), while the sketchy ones promise you can have your cake and eat it too (90%+ upfront with full tax deferral). I think I'm going to follow Emma's advice and run a proper financial analysis including all fees before getting swept up in the tax deferral excitement. The 3.5% upfront fee that Ava mentioned would cost me over $50K on my transaction - that's a lot of capital gains tax I could pay instead! Has anyone here worked with a fee-only financial planner (not someone selling DSTs) to evaluate whether these arrangements actually make sense? I'm thinking an independent analysis might be worth the cost before I commit to anything.
Absolutely recommend getting an independent analysis! I used a fee-only CFP who specializes in tax planning (found through NAPFA) and it was worth every penny. They charged me $2,500 for a comprehensive analysis that included running scenarios with different tax rates, investment returns, and fee structures. What really opened my eyes was when they showed me the break-even analysis. For my DST to make financial sense, I would need to assume that capital gains rates increase significantly AND that I could earn better returns through the trust arrangement than in my own diversified portfolio. When we plugged in realistic assumptions, paying the tax upfront won by a wide margin. The planner also helped me understand the opportunity cost - that $50K in fees you mentioned could grow to over $130K in 10 years at a 10% return. Sometimes the "boring" solution of just paying taxes and investing is actually the smartest move!
This entire discussion has been eye-opening! As someone who works in tax preparation, I see clients getting pitched on DSTs constantly, and the sales tactics are often quite aggressive. What concerns me most is that many promoters are targeting people who aren't sophisticated enough to understand the risks. A few red flags I tell my clients to watch for: 1) Any promoter who guarantees the arrangement will never be challenged by the IRS, 2) Promises of getting 80%+ of proceeds upfront while deferring all taxes, 3) High-pressure tactics claiming "this opportunity won't last," and 4) Reluctance to provide detailed documentation for independent review. The legitimate DST arrangements I've seen typically involve substantial genuine deferrals of proceeds (not just token amounts), have real economic substance beyond tax avoidance, and are structured by attorneys who specialize specifically in this area - not general tax preparers or financial advisors trying to earn commissions. If you're considering this route, I'd strongly echo the advice about getting multiple independent opinions. The IRS has significantly increased enforcement in this area, and the penalties for getting it wrong can be severe. Sometimes the most expensive advice is the "free" consultation from someone trying to sell you something.
This is exactly the kind of professional perspective we need more of! As someone new to this community, I'm amazed at how helpful everyone has been in breaking down such a complex topic. Your red flags list is spot-on. I've been getting calls from DST promoters who hit every single one of those warning signs - especially the high-pressure tactics about "limited time offers" and reluctance to let me take documents to an independent attorney for review. One question for you as a tax professional: when clients do proceed with legitimate DST arrangements, what kind of documentation do you recommend they maintain to protect themselves in case of an audit? I'm thinking even the properly structured ones might draw IRS attention just because of all the enforcement activity in this area. Also, do you have any thoughts on the AI tax analysis tools that Andre and Emily mentioned? I'm curious whether those are actually reliable for something this specialized or if there's no substitute for human expertise in complex arrangements like this.
Mateo Sanchez
I went through this exact situation when my father passed last year. The insurance companies are likely withholding taxes because they're being overly cautious or have automated systems that don't properly distinguish between different types of payouts. Here's what I learned: The 10% withholding is probably happening because the insurance company is treating this like a retirement account distribution rather than a life insurance death benefit. This is a common error, especially if the policies had any investment components or if there was a delay between death and payout that generated interest. My advice: Contact each insurance company directly and ask them to provide a detailed breakdown showing the death benefit amount versus any interest or earnings. Request corrected 1099 forms if they misclassified the payout. Most will cooperate once you point out the error. If they won't budge, you'll definitely get the money back when you file your taxes. Just make sure to report the withholding on your return - the IRS will credit you for taxes that shouldn't have been withheld in the first place. I ended up getting back about $8,500 in my refund from similar overwithholding.
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Declan Ramirez
ā¢This is really helpful! I'm dealing with a similar situation right now. When you contacted the insurance companies directly, did you have to provide any specific documentation to prove it was a life insurance death benefit rather than a retirement distribution? And how long did it take them to issue corrected 1099 forms? I'm wondering if I should wait for them to fix it or just go ahead and file my taxes with the incorrect forms and claim the refund. The $8,500 you got back gives me hope that this will all work out!
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Yara Khoury
ā¢When I contacted the insurance companies, I had to provide a copy of the death certificate and the original policy documents that clearly identified it as a life insurance policy rather than an annuity or retirement product. Some companies also asked for a copy of my ID to verify I was the named beneficiary. The timeline varied - one company issued corrected 1099s within about 3 weeks, but another took nearly 2 months. If you're close to the tax filing deadline, I'd recommend going ahead and filing with the incorrect forms rather than waiting. You can always file an amended return later if needed, but you don't want to miss the deadline. The key is making sure you report the withholding amount on your tax return regardless of whether the 1099s get corrected. The IRS systems will match up the withholding and give you credit for it. In my case, since the entire $85,000 death benefit wasn't actually taxable income, I got back almost all of the withheld amount plus some additional refund from my regular withholdings.
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Yara Elias
I'm dealing with a very similar situation right now with my grandmother's life insurance policies. Two smaller policies withheld taxes while the larger one didn't, and I was completely confused about why. After reading through all these responses, it sounds like the insurance companies are making errors in how they classify these payouts. I'm definitely going to contact them directly with the death certificate and policy documents to request corrected 1099 forms. One question I have though - if there was interest that accrued between the date of death and payout, how do I figure out what portion of the withholding was legitimate (for the interest) versus what should be refunded (for the death benefit portion)? The insurance statements aren't very clear about breaking this down. Also, has anyone had success getting the insurance companies to actually admit they made an error and issue corrected forms? Or do they usually just tell you to handle it on your tax return?
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