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HOPE2
Level 7
March 27, 2024
Solved

More 2% shareholder S-Corp

  • March 27, 2024
  • 2 replies
  • 19 views

Hi to all.

Sole shareholder of S-Corp who formed Nov 2023 his S-Corp and did not have W-2 for 2023 as a employee.

He had few 1099-NECs(Total $121000)  under his name and two 1099-NECs (Total $51200) under his S-Corp.

In 2023 around June he contributed $6000 on ROTH 401-K and $16500 on individual 401-k under  EMPLOYEE CONTRIBUTION ( I mean description on Vanguard transaction confirmation ) not under employer contribution.

How do I enter on his tax return, on S-Corp tax return or on individual 1040?

I think it should be under EMPLOYER CONTRIBUTION when I see Vanguard transaction confirmation ! Am I right?

 Any insight would be greatly appreciated.

This topic has been closed for replies.
Best answer by TaxGuyBill

@TaxGuyBill thanks your help.

For 2023 and 2024 client been working as a physician assistant and already announced to all employers do not issue 1099-NEC under my name for 2024. Around January 2024 he contributed on Roth 401-K and Solo401-K under his name for the year of 2024. (same description: 2024 employee contribution)

Since he will not have any 1099-NEC under his name, so we will not make any Sch C for him based on net income and consider solo 401-k as well, just he will have a W-2 from his S-Corp for 1040 and 1120-S , now I think he should cancel recent solo 401-K contribution under his name? Am I right?  

and run 401-k through the payroll because he wants to have a employee for 2024.



@HOPE2 wrote:

Around January 2024 he contributed on Roth 401-K and Solo401-K under his name for the year of 2024. (same description: 2024 employee contribution)

now I think he should cancel recent solo 401-K contribution under his name? Am I right?  

and run 401-k through the payroll because he wants to have a employee for 2024.


 

Yes.  Any 401k contributions for 2024 need to be through the S-corporation and the employee portion is processed through payroll.

2 replies

abctax55
Level 15
March 27, 2024

Kinda hard to have an "employee" contribution on an S corp return that doesn't have an "employee", isn't it?

HumanKind... Be Both
HOPE2
HOPE2Author
Level 7
March 27, 2024

Thanks for your help@abctax55

I mean, when a self-employed (1099) wants to contribute on Vanguard, discripto should be employee contribution or employer contribution?

 

Level 15
March 27, 2024

@HOPE2 wrote:

 

I mean, when a self-employed (1099) wants to contribute on Vanguard, discripto should be employee contribution or employer contribution?

 


It could be either one.  They called it an employee contribution and that is fine (and is probably better because it allows more flexibility for adding an employer contribution later).

qbteachmt
Level 15
March 27, 2024

"He had few 1099-NECs(Total $121000)  under his name and two 1099-NECs (Total $51200) under his S-Corp."

Since an S Corp doesn't even get issued a 1099-NEC under most conditions, this person needs some guidance on how to use Form W9. Also, the 1099-NECs don't qualify as the only business revenue; these are the only customers whose payments to your client meet the reporting threshold. Did you ask about bookkeeping reports? 1099-K?

"In 2023 around June he contributed $6000 on ROTH 401-K and $16500 on individual 401-k under  EMPLOYEE CONTRIBUTION"

401(k) accounts require a Plan. There would be an employer Plan filed that qualifies there to be 401(k) accounts. That's different than when an individual establishes their personal IRA account; IRA accounts don't get established because of a plan.

"( I mean description on Vanguard transaction confirmation ) not under employer contribution."

And, as noted, an Employee contributes from payroll.

"How do I enter on his tax return, on S-Corp tax return or on individual 1040?"

I wonder if this already disqualifies the plan/account.

"I think it should be under EMPLOYER CONTRIBUTION when I see Vanguard transaction confirmation ! Am I right?"

You're no righter than they are right.

 "Any insight would be greatly appreciated."

Let's remember that 401(k) is based on earnings, so that's been violated. Even Solo 401(k) is based on earnings.

I think this might be a bit beyond your experience. Heck, even though I do a lot of benefit work, I would need to do a ton of research on this. Why not find a mentor?

The S Corp is already late filing, if that is what you are working on. There is time to fix 2023 for most things, even though it might result in some penalties. Some things might be fixable and moot, no penalty.

Don't yell at us; we're volunteers
HOPE2
HOPE2Author
Level 7
March 29, 2024

@qbteachmt Thanks but I totally could not understand.

qbteachmt
Level 15
March 30, 2024

You didn't understand, so let me try this part, again:

The 401(k) account only exists because Vanguard would have required proof of a Plan. That Plan document is going to state if this was his Sole Proprietorship or his S Corp as forming (sponsoring) a Plan.

He can put money into Solo 41(k) amount as Sole Proprietorship. He is both an employer and his own employee as the S Corp. You need to find out whose Plan this is, to know whether or which parts were done right and which were done wrong. He might not need to remove any funds, because "employer" can make nonelective contributions.

Read this:

https://www.irs.gov/retirement-plans/one-participant-401k-plans

And you might need expert help for this. You will learn from that mentor.

Don't yell at us; we're volunteers