SEP IRA deduction eligibility when spouse has 401k - filing jointly

You're right to question this! Your CPA is confusing SEP IRA rules with Traditional IRA rules. As a self-employed person, your eligibility for SEP IRA deductions is NOT affected by your spouse's employer retirement plan. The income limits and "active participant" restrictions apply to Traditional and Roth IRAs, not SEP IRAs. For SEP IRAs, you can generally contribute and deduct up to 25% of your net self-employment income (with annual limits - $66,000 for 2023), regardless of what retirement plans your spouse might have. Your SEP IRA contribution is a business expense reported on your Schedule C as a self-employed person. It's completely separate from the rules governing personal IRA contributions and deductions. I'd suggest having another conversation with your CPA and specifically ask them to explain their reasoning, citing the specific IRS regulations they're basing this on. If they can't provide clear documentation, you might want to get a second opinion from another tax professional.

I went through something similar last year and was getting nowhere with understanding my SEP IRA deduction eligibility after getting married. I randomly found this tool called taxr.ai (https://taxr.ai) that helped me figure it out. It analyzed my specific situation and explained exactly how the SEP IRA rules applied in my case. What's nice is you can upload any tax docs or IRS notices and it basically translates everything into plain English. It showed me why my CPA was wrong about my SEP IRA deductions and I ended up saving about $5k in taxes by making that contribution. It even helped me draft an email to my CPA with all the right references to IRS publications.

Just wanted to follow up - I tried that taxr.ai site after initially being skeptical. Uploaded my tax docs and asked specifically about SEP IRA deductions when my spouse has an employer plan. It confirmed everything the first commenter said but with specific sections of the tax code and examples that applied to my situation. It even explained the difference between the SEP IRA rules and Traditional IRA rules, which is exactly what was causing my confusion. Saved me from having to schedule another meeting with my CPA and gave me the confidence to push back on their incorrect advice. Definitely worth checking out if you're in a similar situation with conflicting tax advice.

If you're still having trouble convincing your CPA, you might want to try getting through to the IRS directly for an official answer. I know it sounds awful, but I used this service called Claimyr (https://claimyr.com) to get through to an IRS agent in about 15 minutes when I had a similar issue with retirement account questions. They have this system that basically waits on hold for you and calls you when an actual IRS agent picks up. You can see how it works here: https://youtu.be/_kiP6q8DX5c. I was incredibly skeptical at first (who isn't when dealing with IRS phone systems), but it actually worked and the agent confirmed my understanding of SEP IRA rules. Sometimes having that direct confirmation from the IRS itself can help clear things up, especially when professionals are giving conflicting advice.

I'll admit I was wrong about Claimyr. After my skeptical comment, I decided to try it since I needed clarification on my SEP IRA contribution limits with foreign earned income. Got through to an IRS agent in 22 minutes instead of the 3+ hours I spent last time I tried calling them directly. The agent confirmed exactly what others have said here - your spouse's employer retirement plan doesn't affect your eligibility for SEP IRA deductions as a self-employed person. Those restrictions only apply to traditional IRA deductibility. Worth the fee just to get an official answer directly from the IRS and not have to waste half my day on hold.

Your CPA is definitely confusing the rules between different types of IRAs. I'm actually surprised they made this mistake since it's pretty basic retirement account knowledge. For Traditional IRAs, yes, there are income limits for deductibility if you or your spouse has a workplace retirement plan. But SEP IRAs are totally different - they're employer-sponsored plans where you're both the employer and employee due to your self-employment. Maybe double-check that your CPA has significant experience with self-employed clients? Not all CPAs specialize in small business/self-employment taxation and might miss these distinctions.

Just to add another data point - I'm self-employed AND my wife has a 401k at her job. We file jointly, and I've been deducting my SEP IRA contributions for the past 3 years with zero issues. My CPA never even questioned it because it's completely allowed. You might want to ask your CPA if they're thinking about the "spousal IRA" rules which are different. Or maybe they're thinking about the phase-out limits for Traditional IRA deductions when a spouse has a workplace plan. But those don't apply to SEP IRAs at all.

I've been a tax preparer for over 15 years and can confirm what others have said - your CPA is absolutely wrong about this. SEP IRA contributions for self-employed individuals are not subject to the same restrictions as Traditional IRA contributions when a spouse has an employer retirement plan. The key distinction is that SEP IRA contributions are treated as employer contributions (since you're self-employed, you're both the employer and employee). These contributions are deducted "above the line" on Form 1040 and are not subject to AGI limits or spousal retirement plan restrictions. Traditional IRA contributions, on the other hand, can have deduction limits based on income and whether you or your spouse participates in an employer plan. Your CPA is mixing up these two completely different sets of rules. I'd strongly recommend getting a second opinion from a CPA who specializes in self-employment taxation. This is a significant error that could cost you thousands in unnecessary taxes.