To help ensure that companies extend their 401(k) plans to low-paid employees, an IRS rule limits the maximum deferral by the company's highly compensated employees (HCEs) based on the average deferral by the company's non-highly compensated employees (NHCEs). If the less compensated employees save more for retirement, then the HCEs are allowed to save more for retirement. This provision is enforced via "non-discrimination testing". Non-discrimination testing takes the deferral rates of HCEs and compares them to NHCEs. In 2008, an HCE was defined as an employee with compensation greater than $100,000 in 2007, or as an employee that owned more than 5% of the business at any time during the year or the preceding year.[32] In addition to the $100,000 limit for determining HCEs, employers can elect to limit the top-paid group of employees to the top 20% of employees ranked by compensation.[32] That is, for plans with the first day of the plan-year in the 2007 calendar year, HCEs are employees who earned more than $100,000 in gross compensation (also known as 'Medicare wages') in the prior year. For example, most testing done in 2009 was for the 2008 plan-year, which compared 2007 plan-year gross compensation to the $100,000 threshold in order to determine who was an HCE and who was an NHCE. The threshold was $125,000 for 2019, and is $130,000 for 2020.[28]
An indirect rollover allows for the transferring of assets from a tax-deferred 401(k) plan to a traditional IRA. With this method, the funds are given to the employee via check to be deposited into their own personal account. With an indirect rollover, it is up to the employee to redeposit the funds into the new IRA within the allotted 60 day period to avoid penalty.
America’s 401(k) is a subsidiary of Group RHI, a leader in the retirement services industry. Group RHI’s companies serve businesses, nonprofits, and municipalities throughout the country, providing objective advice on 401(k) design and services, retirement plan consulting, and pension outsourcing. Collectively we serve close to 5,000 organizations, handling diverse retirement plan needs for hundreds of thousands of participants. For more information about Group RHI and its operations, visit www.grouprhi.com.
If your custodian reported the transaction incorrectly, and you handoff the documentation to your tax professional without explaining the transaction to them, it could get reported on your return incorrectly. To make sure you don't pay tax on an IRA rollover or transfer, carefully explain any IRA rollover or transfer transactions to your tax preparer, or double-check all documentation if you prepare your own return.
Amounts that must be distributed during a particular year under the required minimum distribution rules are not eligible for IRA rollover treatment. However, you can distribute shares of investments from your IRA to satisfy the RMD requirements. These shares can then stay invested in a non-retirement brokerage account. Whether you distribute cash or shares, any amount distributed from your IRA will be reported on a 1099-R and is included on your tax return as income.

If the employee contributes more than the maximum pre-tax/Roth limit to 401(k) accounts in a given year, the excess as well as the deemed earnings for those contributions must be withdrawn or corrected by April 15 of the following year. This violation most commonly occurs when a person switches employers mid-year and the latest employer does not know to enforce the contribution limits on behalf of their employee. If this violation is noticed too late, the employee will not only be required to pay tax on the excess contribution amount the year was earned, the tax will effectively be doubled as the late corrective distribution is required to be reported again as income along with the earnings on such excess in the year the late correction is made.

Retirement plans: A retirement plan distribution paid to you is subject to mandatory withholding of 20%, even if you intend to roll it over later. Withholding does not apply if you roll over the amount directly to another retirement plan or to an IRA. A distribution sent to you in the form of a check payable to the receiving plan or IRA is not subject to withholding.
This tax information is not intended to be a substitute for specific individualized tax, legal, or investment planning advice. Where specific advice is necessary or appropriate, Schwab recommends that you consult with a qualified tax advisor, CPA, financial planner, or investment manager.  Depending on the type of account you have, there are different rules for withdrawals, penalties, and distributions.  Please understand these before opening your account.
“A direct transfer going from your 401(k) to your IRA is the best and easiest option. You can get a check and then use the 60-day period to put the money into a qualified account but use caution. Some states require a tax to be withheld. You can only do one rollover per year when doing it this way. Most plans allow a direct transfer at age 59 1/2 even if you are still working, which can allow you to move the bulk of your retirement dollars to an IRA and still contribute to a 401(k).” — Mark Henry, CEO, Alloy Wealth Management
“The ability to rollover retirement assets can lead to a simpler retirement strategy with more control over investment choices. If an individual has had multiple employers throughout their working career, he or she most likely have multiple retirement accounts. It can become easy to lose track of those accounts. Rolling those accounts over to another IRA or potentially even a Roth IRA can drastically simplify an overall portfolio. While funds are in a 401(k)/403(b), investment options are limited to what the company has approved. Once a rollover is completed, a client has access to a much larger pool of investment options.” — Ben Koval, Financial Planner, Decker Retirement Planning
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