Removing an actual excess from either plan is entirely proper, but asking the former plan to treat their deferrals as excess in order to provide more deferral space for the new plan before there actually is an excess deferral appears to violate this Reg:
Therefore, the prior employer should not be approached regarding a return until the excess contributions to the new plan have been made.A designated Roth contribution is treated as an excess deferral only to the extent that the total amount of designated Roth contributions for an individual exceeds the applicable limit for the taxable year or the designated Roth contributions are identified as excess deferrals and the individual receives a distribution of the excess deferrals and allocable income under paragraph (e)(2) or (e)(3) of this section.
Statistics: Posted by Alan S. — Fri Oct 10, 2025 6:39 pm — Replies 24 — Views 971