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Question

I am an employee of company X. Company X provides me with a 401(k) plan that I contribute $15,500 to. Company X also matches my contributions. Let's say their match is $10K. In addition to my employment with company X, I generate self-employment income through board seats I maintain. As a self-employed person, I am looking to establish a SEP-IRA and would like to better understand the interplay between my ability to defer effectively 20% of my net self-employment income (up to $49K) with deferrals I make through my company X 401(k) plan and the employer match company X makes on my behalf. Am I understanding the rules correctly that since my company X employment income is separate from my self-employment income that I can stand to put away the full $49K into a SEP without that deferral being reduced by any amounts I defer through my W-2 employment 401(k) deferral and/or the matching contributions made by company X to that 401(k)? Please be detailed and provide sites if possible.

Submitted: 25 days and 21 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: California

Already Tried:
Reviewing IRS Publication 560. Internet Research. Review of BNA Tax Portfolio 568 excerpts.

Posted by LEV 25 days and 21 hours ago.

Answer

Annual contributions an employer makes to an employee's SEP-IRA cannot exceed the lesser of:

-- 25% of compensation, or

-- $49,000 for 2009 and 2010

The same limits on contributions made to employees' SEP-IRAs also apply to contributions made to a self-employed individual's SEP-IRA. However, special rules apply when figuring out the maximum deductible contribution. When figuring the deduction for contributions made to your own SEP-IRA, compensation is your net earnings from self-employment, which takes into account both the following deductions.

-- The deduction for one-half of your self-employment tax.

-- The deduction for contributions to your own SEP-IRA.

 

$49,000 should be used for 2009 and 2010 as a limit of all contributions for defined contribution plans

Please see published all COLA adjustments - http://www.irs.gov/newsroom/article/0,,id=187833,00.html

Sole proprietors and partners deduct contributions for themselves on line 28 of Form 1040.

See also IRS publication 560 - http://www.irs.gov/pub/irs-pdf/p560.pdf

Overall limit on SEP contributions. If you also make nonelective contributions to a SEP-IRA, the total of the nonelective and elective contributions to that SEP-IRA cannot exceed the lesser of 25% of the employee's compensation or $46,000 for 2008 ($49,000 for 2009). The same rule applies to contributions you make to your own SEP-IRA.

 

See also - http://www.irs.gov/retirement/article/0,,id=112859,00.html#22

May an employer contribute to the SARSEP for its employees?
Yes, the employer may make non-elective contributions to the SEP-IRAs of its employees subject to an annual addition limit. The annual addition limit is the lesser of 100% of the employee's compensation (limited to $245,000 for 2009 and 2010, subject to annual cost -of-living adjustments) or $49,000 for 2009 and 2010 (subject to annual cost -of-living adjustments). In determining this limit, all contributions made to the employee's SEP-IRA must be included: the amounts deferred by the employee and the non-elective contributions the employer made to the SEP-IRA. In addition, contributions made on behalf of an employee to another defined contribution plan the employer sponsors must be included in determining the annual addition limit. The same rule applies to contributions self-employed individuals make to their own SEP-IRA
.

 

Let me know if you need any help.

 

25 days and 20 hours ago.

Reply

Lev, Thank you for your note. I'm pretty clear on the limitations applied to the SEP-IRA as a stand-alone retirement vehicle I setup for my own business (i.e. the 25%/20% and $49,000 limits). What I remain unclear on, however, is if because I am both employed through Company X and self-employed, if my contributions to Company X's 401(k) and Company X's matching contributions to the 401(k) reduce my own ability to defer amounts under my SEP-IRA (i.e. do I need to reduce my $49,000 deferral by either amounts I defer in my 401(k) or matching 401(k) contributions Company X makes on my behalf, or both. I believe it is clear that if I, as a self-employed person, maintained both a SEP-IRA and a 401(k) the answer to the question above would be yes. But I am not clear under my scenario where the employers are different. That is, the employer for the Company X 401(k) plan is of course Company X. Whereas the employer for my SEP-IRA is me. I hope this helps clarify my question. Thank you.

Posted by LEV 25 days and 20 hours ago.

Answer

$49,000 should be used for 2009 and 2010 as a limit of all contributions for defined contribution plans.

To determine your contribution limit as self-employed - you need to reduce that amount by all contributions - yours and your employer's into your 401k plan.

Thus if your contribution into 401k plan was $15500 and your employer contributed $10,000 - your overall contribution limit into SEP should be

$49,000 - $15,500 - $10,000 = $23,500.

As you are self-employed - an employee's limit would not apply to your situation - only overall limit will apply.

25 days and 20 hours ago.

Reply

Thank you Lev. I am happy with this response as it does speak directly to my question. As I have been unable to locate any authoritative literature that specifically spells out that two separate employers cannot each contribute separate $49K amounts, can you point to anything I can read to this effect? If not, I will accept your answer as I do appreciate it, but would love to have something to read if it's out there. Thanks again.

Accepted Answer

I think that the reference above provides the answer about overall limit application - http://www.irs.gov/retirement/article/0,,id=112859,00.html#22

May an employer contribute to the SARSEP for its employees?
Yes, the employer may make non-elective contributions to the SEP-IRAs of its employees subject to an annual addition limit. The annual addition limit is the lesser of 100% of the employee's compensation (limited to $245,000 for 2009 and 2010, subject to annual cost -of-living adjustments) or $49,000 for 2009 and 2010 (subject to annual cost -of-living adjustments). In determining this limit, all contributions made to the employee's SEP-IRA must be included: the amounts deferred by the employee and the non-elective contributions the employer made to the SEP-IRA. In addition, contributions made on behalf of an employee to another defined contribution plan the employer sponsors must be included in determining the annual addition limit. The same rule applies to contributions self-employed individuals make to their own SEP-IRA.

 

Let me know if you need any help.

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Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 10/28/2009

Tax Preparer

Taxes, Immigration, Labor Relations

25 days and 19 hours ago.

Reply

Yes, but this still speaks to a single employer offering multiple plans, instead of multiple employers sharing a single contribution limit.

Accepted Answer

I think you might looking for that -
TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter D > PART I > Subpart B > §415. Limitations on benefits and contribution under qualified plans

(b) Limitation for defined benefit plans - http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000415----000-.html

 

You may also call the RS 1-800-829-1040 and confirm the answer.

Let me know if you need any help.

 

Picture
Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 10/28/2009

Tax Preparer

Taxes, Immigration, Labor Relations

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