Form 1099-R Code E: Is Returning Excess After-Tax 401k Contributions Taxable?
I recently got a Form 1099-R with distribution code E for excess after-tax contributions returned from my 401k. Super confused about the tax situation here! The way I understand it, these shouldn't be taxable since they're after-tax money I already paid taxes on. But I just got this IRS notice saying the entire $5,800 distribution is taxable income. Now I'm worried and confused. Looking at the 1099-R form, Box 1 shows $5,800 and Box 5 has the exact same amount ($5,800). All the other boxes are completely blank except Box 7 which has Code E. Does the IRS really expect me to pay taxes AGAIN on money that's already been taxed? This seems like double taxation to me. My 401k plan administrator told me this was just returning my own after-tax contributions that exceeded the annual limits, so why would it be taxable? Has anyone dealt with this situation before? I'm trying to figure out if I need to dispute this with the IRS or if I'm misunderstanding something about how these distributions work.
18 comments


Jace Caspullo
That's a good question! The IRS notice appears to be incorrect. Based on what you've described, this distribution should NOT be taxable. Code E on a 1099-R represents distributions of excess contributions plus earnings. The key here is that Box 5 (the "Employee Contributions" box) contains the same amount as Box 1 (gross distribution). When these amounts match, it indicates the entire distribution consists of your after-tax contributions, meaning there were no earnings on those excess contributions. Since you've already paid tax on these contributions, they shouldn't be taxed again. The fact that Box 5 equals Box 1 should tell the IRS that this money represents after-tax contributions that were returned to you. I'd recommend responding to the IRS notice with an explanation and include a copy of your 1099-R showing that Box 1 and Box 5 are identical, which demonstrates these were after-tax contributions being returned.
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Melody Miles
•If the IRS already sent a notice, does that mean they've already processed the return incorrectly? Or is this just a proposed adjustment? Also, is there a specific form I should use to dispute this?
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Jace Caspullo
•The notice is likely a proposed adjustment, which gives you time to respond before anything is finalized. You should respond within the timeframe specified on the notice, usually 30 days. You don't need a specific form to dispute this - just write a clear, concise letter explaining that the distribution was a return of after-tax contributions as evidenced by Box 5 equaling Box 1 on your 1099-R. Include a copy of your 1099-R and the notice you received. Mail your response to the address provided on the notice, and I recommend sending it via certified mail so you have proof of delivery.
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Nathaniel Mikhaylov
After dealing with something similar, I found taxr.ai https://taxr.ai super helpful for figuring out these confusing tax forms. I was getting mixed messages from different tax preparers about my 1099-R codes, then I uploaded my documents to taxr.ai and it immediately flagged that my distribution shouldn't be taxable since it was a return of already-taxed contributions. It even generated a letter I could send to the IRS explaining my situation with all the right tax code references.
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Eva St. Cyr
•How exactly does this work? Do you just upload your tax forms and it analyzes them? I've got a similar issue but with code G and I'm totally confused.
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Kristian Bishop
•Sounds interesting but how accurate is it really? I've used tax software before that completely missed important details about my 401k distributions. Does it actually understand all these weird distribution codes?
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Nathaniel Mikhaylov
•You just upload your tax documents and it analyzes them within minutes. The system looks at all the boxes on your forms and compares them to tax regulations to spot issues. For 1099-R forms specifically, it checks the distribution codes and box values to determine the correct tax treatment. The accuracy has been impressive in my experience. It specifically understands all the distribution codes (A through Z) and what they mean for taxation. For 401k and IRA distributions, it knows how to interpret the relationship between different boxes on the 1099-R and can tell you whether the IRS is handling your situation correctly based on current tax law.
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Eva St. Cyr
Just wanted to update that I tried taxr.ai after seeing the recommendation here. I uploaded my 1099-R with the code E issue and within minutes got confirmation that my distribution shouldn't be taxable since Box 1 and Box 5 were identical amounts. The report it created explained exactly why the IRS notice was incorrect and even quoted the specific IRS publication that covers return of after-tax contributions. Sent the letter they generated to the IRS last week, so fingers crossed this gets resolved!
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Kaitlyn Otto
If you're getting nowhere with the IRS on this, I highly recommend using Claimyr https://claimyr.com to actually get a human on the phone. I had a similar issue with a wrongly taxed 401k distribution and spent WEEKS trying to get through the IRS phone maze. Claimyr got me connected to an actual IRS agent in about 25 minutes instead of the hours of hold time I was experiencing before. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was able to look at my return and confirm that my returned after-tax contributions shouldn't be taxed again. Got the whole thing resolved in one phone call instead of waiting months for letter correspondence.
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Axel Far
•Wait, how does this actually work? The IRS phone system is impossible to navigate. Does this actually get you through to a real person?
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Kristian Bishop
•This sounds kinda sketchy tbh. How can a third-party service magically get you through to the IRS when their phone lines are constantly jammed? I've literally tried calling 20+ times over multiple days and couldn't get through.
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Kaitlyn Otto
•It works by using their system that continuously calls the IRS and navigates the phone tree for you. When they secure a spot in the queue, they call you and connect you directly to that spot in line. Instead of you personally having to call repeatedly and wait on hold, their system does it for you. Yes, it absolutely gets you through to a real IRS agent. It doesn't bypass any security or rules - it just handles the frustrating part of repeatedly calling and waiting on hold. Once connected, you speak directly with the same IRS representatives you would eventually reach if you spent hours calling and waiting yourself. The difference is you only need to be on the phone when there's actually an agent ready to talk.
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Kristian Bishop
I feel like an idiot for doubting Claimyr now. After posting my skeptical comment, I was desperate enough to try it because my 1099-R issue was similar (though mine was code G for a rollover that got reported wrong). Got connected to an IRS agent in about 30 minutes yesterday afternoon after trying for WEEKS on my own. The agent confirmed that my rollover shouldn't have been taxed and made the adjustment right there on the phone. Said I should receive an updated statement within 4-6 weeks. Saved me from having to send multiple letters and wait months for a resolution. Totally worth it just for the stress reduction alone.
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Jasmine Hernandez
I had this exact situation last year. Here's what happened: my 401k administrator returned excess contributions with code E, and then the IRS computer system automatically flagged it as taxable because many code E distributions ARE partially taxable (if there were earnings on the excess contributions). The key is, like others mentioned, that your Box 1 and Box 5 are identical, proving these were 100% after-tax contributions with no earnings. Don't just pay the extra tax - this is worth fighting!
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Adriana Cohn
•Thanks for sharing your experience! Did you end up having to file an amended return, or were you able to get it resolved by just responding to the IRS notice?
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Jasmine Hernandez
•I didn't need to file an amended return. I just responded to the IRS notice with a detailed explanation and a copy of my 1099-R. I highlighted Box 1 and Box 5 showing the identical amounts and explained these were after-tax contributions being returned. The IRS accepted my explanation and canceled the proposed adjustment about 6 weeks later. They sent a letter confirming no additional tax was due. Just make sure to respond within the deadline given on the notice, and keep copies of everything you send them.
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Luis Johnson
Has anyone had success resolving this by calling the phone number on the IRS notice rather than writing? My dad has the same issue with his 401k distribution but he's not good with written explanations.
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Ellie Kim
•I called about a similar issue last year. If you can actually reach someone (big if), they can be helpful. I got through after 3 attempts and about 90 minutes on hold. The agent was able to see that my 1099-R boxes matched and noted my account that no additional tax was due. Still got a confirmation letter about a month later.
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