Tax Law (Questions About Taxes)/Excess 403b contribution


Hello John, and thank you for taking my question.  For 2012 I have an excess 403b contribution amount of $700.  It is noted on the H&R Block software I am using and of course on the W-2 from my employer.  The plan administrator has informed me that they will be returning the $700 with earnings to me by check and she also said that I deal with it on next year's taxes?  What do I do?  2nd question:  I fully satisfy 100% relationship, residence, age, and support for my daughter but my ex is claiming her for tax purposes.  Now what?  Thank you so much


Thanks for your question.

The excess contribution and the earnings should go on your 2012 tax return.  Otherwise, you will show an excess contribution and be subject to penalty.  This might be helpful to show the administrator.,-Employee/401(k)-Resource-Guide---Plan-Participants---Limitation-on-Elective-Deferrals

For the other issue, you need to work out an agreement with your ex.  If there is not a court order giving her the exemption, I suggest you try and reason with her.  Failing that, take the exemption but you will have to file a paper return.  The IRS will investigate, when they do, present your case, and you should prevail.

Hope this helps.

John Stancil, CPA

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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