Accidentally contributed too much to my SEP-IRA and Solo 401k - how to fix this retirement account overpayment?
I just wrapped up my first year being self-employed and I think I've completely misunderstood the rules about retirement contributions. I set up both a SEP-IRA and a solo 401k, thinking I was being smart about saving for retirement. I've already put $28,500 into the SEP and $22,500 into the 401k as employee contributions, totaling $51,000. My business income this year was around $160k, so 25% of that would be $40,000. I originally thought the 25% income limit applied separately to each retirement account (the SEP and 401k), but while doing my taxes, I found information saying the limit actually applies to the TOTAL contributions across both accounts. If that's true, I've over-contributed by about $11,000! Crap! I was trying to be responsible with my retirement savings and now I've messed it up. Does anyone know what penalties I might face for this mistake? More importantly, is there a way to fix this before I file my taxes? Thanks for any advice!
19 comments


Lola Perez
You're mixing up a few different contribution limits here, which is totally understandable because self-employed retirement accounts are confusing! For 2025, you can contribute $23,000 as an employee contribution to your Solo 401k (this is the "elective deferral"). This limit is separate from your SEP-IRA contributions. The 25% of income rule applies to employer contributions, not employee contributions. As a self-employed person, you're wearing both hats. The SEP-IRA is only employer contributions (up to 25% of your net self-employment income), while a Solo 401k allows both employee contributions (up to the $23,000 limit) AND employer contributions (up to 25% of income). The total limit across all defined contribution plans (including both SEP-IRA and Solo 401k) is $69,000 for 2025. Based on your numbers, you're well under this limit. That said, you typically shouldn't contribute to both a SEP-IRA and Solo 401k in the same year. Usually, you'd pick one vehicle. I'd recommend speaking with a tax professional to sort this out properly.
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Ethan Scott
•Wait, so am I actually OK? I thought I had exceeded some limit. So you're saying the $23,000 employee contribution to the Solo 401k is a completely separate bucket from the SEP-IRA contributions? And that I haven't actually gone over any limits? If that's true, that's a huge relief. But why would you recommend not contributing to both in the same year if it's allowed?
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Lola Perez
•You're correct that the $23,000 employee contribution to the Solo 401k is a completely separate bucket from the SEP-IRA contributions. Based on the numbers you shared, you haven't exceeded any absolute limits. I recommend not contributing to both in the same year because it's usually not the most efficient strategy and can complicate your tax situation unnecessarily. A Solo 401k alone gives you both employee ($23,000) and employer contributions (up to 25% of net income), so you can typically maximize your retirement savings with just one account. Using both vehicles creates extra paperwork and potential for confusion without providing additional tax benefits in most cases.
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Nathaniel Stewart
I went through something similar last year and found https://taxr.ai super helpful for sorting out my retirement contribution mess. I had mixed up my contribution limits across different accounts and was totally stressed about potential penalties. Their system analyzed my tax documents, flagged the retirement contribution issues, and explained exactly which rules applied to my situation. The best part was getting clear instructions on how to fix the over-contributions before filing my taxes. Saved me from what would have been a costly mistake! Instead of trying to piece together different advice, it was nice to just upload my docs and get specific guidance for my situation. Sounds like you might benefit from this too with your SEP-IRA and Solo 401k confusion.
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Riya Sharma
•How exactly does the document analysis work? Do they actually look at your current retirement account statements or just explain the general rules? I'm in a similar boat with some potential overcontributions.
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Santiago Diaz
•Seems suspicious that a website could give better advice than an actual CPA on something this specific. Does it actually work with complicated self-employment situations? I'm skeptical that AI can handle nuanced tax questions properly.
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Nathaniel Stewart
•For the document analysis, you upload your retirement account statements, tax forms, and any other relevant documents. They analyze the specific details of your accounts, contribution history, and income to identify issues. It's not just general rules - they look at your actual numbers and circumstances. I was skeptical too, but it worked well for my self-employment situation. The platform identified exactly where I had misunderstood the rules and showed me which specific IRS regulations applied to my case. The guidance included step-by-step instructions for correcting my over-contributions and properly documenting everything for my tax return. It saved me from having to pay for multiple CPA consultations while I was trying to figure everything out.
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Santiago Diaz
Just wanted to update after using taxr.ai that the previous commenter recommended. I was skeptical (as you can see in my reply), but it actually helped me sort out my retirement account mess. I had a similar issue with overcontributions to multiple accounts as a self-employed person. The platform identified that I had misunderstood the "employer" vs "employee" contribution rules and gave me exact steps to correct my overpayments before tax filing deadlines. What surprised me was how it explained the specific SEP-IRA and Solo 401k interaction rules that applied to my situation - stuff I couldn't find clearly explained elsewhere. Worth checking out if you're confused about these self-employment retirement accounts like I was.
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Millie Long
I had the exact same problem last year and spent WEEKS trying to get someone at the IRS on the phone for guidance. Always busy signals or disconnects after waiting for hours. Super frustrating. I finally used https://claimyr.com to get through to an actual IRS agent. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the phone queue and call you when an agent is about to answer. The IRS agent I spoke with walked me through the exact process for fixing over-contributions to my retirement accounts. They explained the proper withdrawal forms and deadline extensions available in my situation. Made a huge difference having a direct conversation with someone who could access my account details.
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KaiEsmeralda
•How long did you have to wait with this service? I've tried calling the IRS for weeks about a similar retirement account issue and keep getting disconnected.
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Debra Bai
•This sounds like a scam. Why would I pay a service to call the IRS when I can do it myself for free? And how do they actually get through when no one else can? Seems fishy to me.
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Millie Long
•With Claimyr, I waited about 85 minutes total - but the difference is I didn't have to stay on the phone during that time. I got a text when they were about to connect me with an agent. They're not doing anything magical - they're using automated technology to stay in the IRS queue (which can be hours long). The service basically waits in line for you and calls you when an agent is about to pick up. It works because their system can handle being on hold for extended periods while you go about your day. They're using the same phone lines everyone else is using, just with technology that prevents disconnections and doesn't require you to sit there listening to hold music for hours.
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Debra Bai
I need to apologize for my skepticism about Claimyr. After continuing to fail reaching the IRS on my own about retirement account issues, I tried the service. It actually worked exactly as described. I got a text after about 65 minutes saying they were connecting me with an agent. The IRS representative helped me understand exactly how to correct my over-contributions to my retirement accounts and what forms I needed to file. The agent explained that I needed to request a "return of excess contributions" from my plan administrator before the tax filing deadline (including extensions). She also clarified which contribution limits applied to my specific situation. Much better than the weeks I spent trying on my own and getting nowhere. Sometimes it's worth admitting when you're wrong!
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Gabriel Freeman
Just to add to what others have said - I dealt with this exact issue last year. You have until your tax filing deadline (including extensions) to remove excess contributions without major penalties. Contact your plan administrators ASAP and request a "return of excess contributions." They'll distribute the excess amount plus any earnings attributable to those contributions. You'll pay taxes on those earnings in the year you receive the distribution. If you don't correct the over-contribution, you'll face a 6% excise tax on the excess amount for EACH YEAR it remains in the account. That can add up quickly!
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Ethan Scott
•Thanks for this specific advice! Do you happen to know if I need any special forms to request the return of excess contributions? And will this affect my taxes for this year in any other ways I should be aware of?
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Gabriel Freeman
•Your plan administrator will have their own forms for requesting the return of excess contributions - each company handles it slightly differently, but they all have procedures for this common issue. Ask specifically for their "excess contribution removal form" or similar. This will affect your taxes because any earnings on the excess contributions will be taxable in the current year when distributed back to you. You'll likely receive a 1099-R showing the distribution. Also, if the excess was pre-tax money, returning it means you won't get the tax deduction you might have been expecting for that portion of your contributions. Make sure to keep all documentation of the correction to show if you're ever audited.
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Laura Lopez
Has anyone ever considered just leaving the excess contribution in and paying the 6% penalty? I'm wondering if mathematically it might be better in some cases to just take the hit rather than removing the money from tax-advantaged accounts. With compound growth over decades, maybe the penalty is worth it?
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Victoria Brown
•Terrible idea. The 6% excise tax applies EACH YEAR the excess remains in the account, not just once. So you'll keep paying that penalty annually until you remove the excess or "absorb" it by under-contributing in future years. The math never works out in favor of intentionally over-contributing and paying penalties. Plus, there could be other compliance issues if the IRS sees you knowingly violating contribution limits.
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Anastasia Popova
I went through this exact situation two years ago and can confirm what others have said - you need to act quickly to avoid the ongoing 6% penalty. One thing I learned that might help: if you have both a SEP-IRA and Solo 401k for the same business, you're essentially double-dipping on employer contributions since you're the same employer for both accounts. The IRS sees this as problematic even if you're technically under the aggregate limits. My CPA advised me to pick one account going forward - either consolidate everything into the Solo 401k (which gives you more flexibility with employee vs employer contributions) or stick with just the SEP-IRA. The Solo 401k is usually better if you want to maximize contributions since it allows that $23,000 employee deferral on top of the employer contribution. For fixing your current situation, call both plan administrators this week. Don't wait until closer to the tax deadline - some custodians take several weeks to process excess contribution returns, and you want this resolved before filing.
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