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Re: Solo 401K and 1040

 

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Subject Author Date
Re: Solo 401K and 1040 NKaufman 04-23-2006
Posted by NKaufman on April 23, 2006, 1:43 am
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I think using $10K at two places might be confusing you.

So to start over - let's say I put away $10K in Simple-IRA
at work, $4K from side business and another $12K from
business as profit share.

so, now - $10K is not involved at all since it is mentioned
in W-2.

However for the portion of side business - line 28 includes
both 4K and 12K (it is my understanding that for a sole
prop, one cannot deduct profit share as an expense unless it
is for another employee). hence both amounts are added and
included on line 28. does that sound right? if yes, then how
does the IRS make sure that I did not exceed $14K total
contribution in a year?

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<< and does NOT constitute legal OR professional advice. >>
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Posted by Rich Carreiro on April 24, 2006, 10:35 am
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> So to start over - let's say I put away $10K in Simple-IRA
> at work, $4K from side business and another $12K from
> business as profit share.
>
> so, now - $10K is not involved at all since it is mentioned
> in W-2.
>
> However for the portion of side business - line 28 includes
> both 4K and 12K (it is my understanding that for a sole
> prop, one cannot deduct profit share as an expense unless it
> is for another employee).

Correct.

> hence both amounts are added and
> included on line 28. does that sound right?

Correct.

> if yes, then how
> does the IRS make sure that I did not exceed $14K total
> contribution in a year?

(a) IRS knows your side-business profit, and therefore can
calculate your max possible profit-sharing contribution.
(b) IRS subtracts (a) from line 28 to get how much of line 28
is your "employee" contribution.
(c) IRS knows from your W-2 from your day job how much you
contributed to the SIMPLE-IRA.
(d) IRS adds (b) and (c) to see if you've gone over the limit.

That's not perfect, of course. If you didn't make the max
profit-sharing contribution the calculation will lead the
IRS to believe you made a higher "employee" contribution than
you really did.

--
Rich Carreiro rlcarr@animato.arlington.ma.us

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Steve Pope on April 24, 2006, 11:14 am
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wrote:

> I think using $10K at two places might be confusing you.
>
> So to start over - let's say I put away $10K in Simple-IRA
> at work, $4K from side business and another $12K from
> business as profit share.
>
> so, now - $10K is not involved at all since it is mentioned
> in W-2.
>
> However for the portion of side business - line 28 includes
> both 4K and 12K (it is my understanding that for a sole
> prop, one cannot deduct profit share as an expense unless it
> is for another employee). hence both amounts are added and
> included on line 28. does that sound right?

Yes.

> if yes, then how
> does the IRS make sure that I did not exceed $14K total
> contribution in a year?

The IRS knows the total amount you may contribute to a Solo
401(k) plan, based on the profit from your schedule C and
the details of your schedule SE, and upon any other elective
deferal plans for it has information reports, such as the
Simple-IRA you have with your employer.

So an IRS computer could, at least in some cases, flag
excessive amounts on line 28.

But I can think of cases where this is not true, for
example, if the self-employed qualified retirement plan was
a traditional 401(a) (formerly Keogh), instead of a solo
401(k), the IRS would seem to have no way of knowing this
from examining 1040 even though the allowed contributions
are (usually) less for the Keogh. It would pop up when they
eventually examine the plan itself (form 5500).

Steve

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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