February 5, 2025

§ 4972 Nondeductible Contributions: When Employers Over-Contribute

What triggers the § 4972 excise tax on nondeductible employer contributions, how to calculate it, and how carryforward amounts work.

Employers who contribute more to a qualified retirement plan than the amount deductible under IRC § 404 face a 10% excise tax on the excess under § 4972. This must be reported on Form 5330, Schedule A. Unlike prohibited transactions, this tax is often driven by careful planning decisions rather than administrative errors.

What Is a Nondeductible Contribution?

Under § 404, employer contributions to a defined contribution plan are generally deductible up to 25% of the compensation of all participating employees. Contributions above this limit in a given tax year are "nondeductible" and subject to the § 4972 excise tax — even if they are otherwise permissible under the plan document and IRC § 415 annual addition limits.

Why Would an Employer Over-Contribute?

Common scenarios include:

The Calculation: Schedule A, Lines 1–11

The calculation flows through Schedule A of Form 5330:

The excise tax is 10% of Line 11, flowing to Part I, Line 1a of Form 5330.

Carryforward of Excess Deductions

Nondeductible contributions are not lost — they can be carried forward as deductions to future tax years under § 404(a)(1)(E). This is why Schedule A requires tracking of prior year nondeductible amounts and how much was deducted this year. The § 4972 excise tax continues to apply each year the excess exists in the plan, until it is absorbed by the carryforward deduction in a future year.

Correcting the Excess

The most direct correction is to withdraw the excess contribution from the plan (within certain limits). However, the tax for the year the excess occurred is not eliminated by later withdrawal — it is only stopped from accruing in future years. EPCRS correction procedures may also be available depending on the circumstances.

Ready to prepare your Form 5330?

Use 5330Prep to calculate your excise tax and generate the completed IRS PDF — all schedules filled, ready to sign and mail. Calculate for free; download for $99/filing.

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Disclaimer: This article is for informational purposes only and does not constitute tax, legal, or financial advice. 5330Prep is a document preparation service, not a law firm or CPA firm. Always consult a qualified ERPA, CPA, or tax attorney before filing Form 5330 or making decisions about your retirement plan.

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