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How to fix an excess 401k contribution after employer acquisition?

I'm in a bit of a mess with my 401k after my company got bought out last year. With all the chaos of the acquisition and some payouts of accumulated PTO, I accidentally went over the maximum 401k contribution limit by about $1,350. I didn't catch this until early February when I was reviewing my W2s from both employers. I immediately contacted HR to get this sorted out, but I'm getting conflicting information and want to make sure whatever solution they implement won't come back to bite me with IRS penalties. Here's what's happened so far: The excess amount was taken out of my 401k account about three weeks ago, and I just received a check last week - but I noticed they withheld 10% for taxes. When I called the 401k administrator, they told me I'll be getting a 1099-R for the current tax year showing the excess contribution as taxable income, with a credit for the withholding. They claimed it would be coded as an "excess contribution withdrawn" so I wouldn't face an early withdrawal penalty. But everything I've read online suggests this isn't the correct procedure. Most sources indicate I should receive the full amount back, get my previous year's W2 corrected to lower the 401k contribution amount and add the excess to my taxable wages, and then pay income tax on it with last year's taxes. I should only get a 1099-R for any earnings generated by the excess contribution. I've raised these concerns with both the 401k provider and HR, but they insist their approach is correct. They're telling me to file my taxes as-is with the original W2s showing the excess contribution, and then next year add the 1099-R to my tax return and only be taxed on that $1,350 as non-penalized income with the ~$135 withholding credited. Is this the right way to handle this? Will the IRS have a problem with my return showing I contributed more than allowed? Will I only pay regular income tax on the excess without penalties? Most resources online suggest resolving this by April of the following year means no penalties, but waiting longer means getting hit with taxes twice. At this point, I'm tempted to just go with their solution since it was partly my fault for not catching it sooner, but I want to make sure I won't have problems later. Any advice would be appreciated!

Mei Lin

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Your 401k provider is handling this correctly, but there's one detail everyone's missed: you need to check if they're distributing the EARNINGS on the excess contribution separately. Those earnings are subject to the 10% early withdrawal penalty (unless you're over 59.5), even when the excess contribution itself isn't. This is a common mistake 401k providers make. When you get your 1099-R, check if they've separated the excess contribution from its earnings. If they haven't, you might need to calculate this yourself to properly report it on your tax return. The earnings portion should be small if you caught this quickly, but it's still important for accurate tax reporting.

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This is really helpful info I hadn't considered. The check I received was for exactly the excess amount ($1,350) minus the 10% withholding. Does that mean they didn't include any earnings, or would the earnings have been calculated into that amount? Should I specifically ask about the earnings portion?

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Mei Lin

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Based on the amount you received, it sounds like they may not have calculated earnings separately, which is actually a mistake. Even a small excess contribution will generate some earnings while it was in the account. You should definitely call your 401k provider and specifically ask about the earnings on your excess contribution. Ask them how those earnings were calculated and how they'll be reported on your 1099-R. The correct procedure is to distribute both the excess contribution and its earnings. If they haven't properly accounted for the earnings, you might need to request an additional distribution specifically for those earnings. The provider should be able to calculate what those earnings were for the period the excess contribution was in your account.

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Quick tip: If your 401k provider hasn't been helpful, try contacting the IRS directly at 877-829-5500 which is their specific line for retirement plan questions. That's how I sorted out my excess contribution issues last year.

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GalacticGuru

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That number has been impossible to get through on. I tried for weeks and never spoke to anyone. The wait times are insane or they just tell you to call back later.

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Don't overlook the "safe harbor" rule in Section 121! You mentioned you've owned the home for 10+ years. If you lived in it as your main home for at least 2 years during the first 10 years of ownership, you should qualify for at least partial exclusion ($250K for single filer, $500K for married filing jointly). What matters is that you satisfy the 2-out-of-5 years requirement BEFORE you started your nomadic lifestyle. Your continuous ownership still counts, and as others mentioned, temporary absences (even long ones) don't disqualify you as long as you maintain the home as your official residence.

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Demi Hall

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What if they DID rent it out while traveling though? Doesn't that change things?

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Good question. If you rented the property while traveling, it gets more complicated but doesn't automatically disqualify you. The IRS uses a facts-and-circumstances test. If you rented it out occasionally (like on Airbnb) when you weren't using it, that's generally not a problem. If you converted it to a full-time rental property, you'll need to calculate the portion of ownership that qualified as primary residence vs. rental property. You might still get a partial exclusion based on the percentage of time it was your primary residence during the 5-year period before sale.

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Has anyone actually been audited on this specific issue? I'm in almost the exact same boat (traveling since 2020, house still my only permanent address) and just got a notice from the IRS questioning my Section 121 exclusion claim from my 2023 return. Getting super nervous about it.

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Kara Yoshida

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I was audited on this exact issue last year. The key was providing documentation proving the house remained my "tax home." I submitted copies of my voter registration, driver's license, bank statements showing the address, utility bills in my name (even with minimal usage), and property tax statements. The IRS accepted my explanation that my travels were temporary absences and I had always intended to return to my home. I didn't lose my exclusion. Document everything!

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Thanks for sharing your experience! That's really reassuring. I'll definitely gather all those documents. Did you have to provide any evidence about your travels too, or just focus on proving the house was still your main residence?

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Has anyone successfully claimed the small business investment tax credit for film investments? I put $5000 into a friend's short film project and they registered it as a CCPC (Canadian-Controlled Private Corporation).

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Sean Kelly

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If it's properly registered as a CCPC, you might qualify for the Small Business Investment Tax Credit, but only if the corporation issued eligible shares to you and meets all the other criteria. Did you receive actual shares in the company or just an agreement promising a percentage of profits?

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Zara Mirza

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Don't forget that film investments sometimes qualify for cultural industry deductions in certain provinces! My sister claimed her $10k investment in a Manitoba film project through their Cultural Industries Printing Tax Credit (it was a film about publishing, oddly enough). The rules are super specific though - the film had to meet certain "Manitoba content" requirements.

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Something to consider - check if your township has a "first-time penalty abatement" policy. Many local tax authorities will waive penalties (but not the tax itself or interest) for first-time issues if you have a clean compliance history. When I had a similar issue with missed township tax in 2021, I wrote a letter explaining that I was unaware of the requirement since I had moved from a township with no local income tax. They waived about $175 in penalties as a one-time courtesy, though I still had to pay the tax and interest. Definitely be proactive about 2022 and 2023 though! The township will appreciate you coming forward voluntarily rather than them having to track you down.

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Thanks for this tip! Do I need to specifically ask for a "first-time penalty abatement" using those exact words, or can I just explain the situation? Also, since I'm now disputing part of the 2021 amount with the collection agency, should I wait for that to resolve before addressing the 2022 taxes?

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You don't need to use those exact words - just explain that this was your first time dealing with this township's taxes, you weren't aware of the requirement after moving, and you're now trying to get into compliance. Ask if they have any programs for waiving penalties for first-time issues or good-faith mistakes. Being polite and showing that you're trying to fix the problem goes a long way. I wouldn't wait on addressing the 2022 taxes. Handle them separately from your 2021 dispute. The sooner you file and pay your 2022 taxes, the less interest will accrue, and it demonstrates to the township that you're being proactive about compliance going forward. This good-faith effort might even help your case with the 2021 dispute.

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CosmicCowboy

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One thing nobody mentioned - you should check if your township has a reciprocal agreement with the township you lived in before. Some townships will give you credit for taxes paid to another local jurisdiction to avoid double taxation. For example, I moved from Philadelphia to a suburb mid-year, and I got credit for the Philly wage tax I had already paid against what I owed to the new township. Saved me a few hundred dollars!

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Adding to this - some states like PA have really complicated local tax systems where the credits aren't automatic. You have to specifically request them and provide proof of payment to the other locality. Don't assume the townships talk to each other because they definitely don't!

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CosmicCowboy

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That's absolutely right. The reciprocal agreements exist in many places, but you definitely have to claim them yourself. The townships don't communicate with each other about who paid what. Be prepared to provide documentation showing exactly how much local tax you paid to your previous township during the part of the year you lived there. W-2s, paystubs, and your state tax return can all help establish this. If your employer was withholding for the wrong township entirely (which happens a lot), you might need to request a refund from the incorrect township while paying the correct one.

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Luis Johnson

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20k on 415k income isn't that bad honestly. That's less than 5% additional tax. Your total effective tax rate is still under 20% which is pretty reasonable for that income level. I actually owed 35k last year on a similar income because I had a bunch of RSUs vest and didn't account for them properly. One thing to consider: are you maxing out your 401ks, HSAs and any other pre-tax contributions? That could help reduce your taxable income. Also, might be worth considering estimated quarterly payments going forward if your W-4 adjustments aren't enough.

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Adriana Cohn

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Thanks for that perspective - makes me feel a bit better about the situation. We actually aren't maxing our 401ks completely. Do you think that would make a significant difference in our situation? And how complicated are quarterly estimated payments to set up?

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Luis Johnson

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Maxing out your 401ks would definitely help! Each of you can contribute up to $23,000 for 2025 (assuming you're under 50), which would reduce your taxable income by $46,000 total. At your tax bracket, that could save you roughly $15,000-18,000 in federal taxes. Quarterly estimated payments aren't complicated at all. You can set them up online through the IRS Direct Pay system or through EFTPS. It's basically just making four payments throughout the year based on what you expect to owe. The IRS Form 1040-ES has a worksheet to help you calculate the right amount.

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Ellie Kim

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Make sure you check your state tax withholding too! Everyone always focuses on federal taxes, but under-withholding can happen at the state level too. We had a similar federal situation last year ($14k owed on about $300k income) but then got hit with another $7k in state taxes we didn't expect. Double whammy.

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Fiona Sand

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This! I live in California and my state tax bill was almost as painful as federal. Definitely check both withholdings when you update your W-4.

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Adriana Cohn

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Oh man, I didn't even think about state taxes yet. We're in Massachusetts which isn't quite California rates but still significant. I'll definitely look at both when redoing our withholdings. Thanks for the heads up!

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