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SEC. 4979. TAX ON CERTAIN EXCESS CONTRIBUTIONS.

4979(a) GENERAL RULE. --In the case of any plan, there is hereby imposed a tax for the taxable year equal to 10 percent of the sum of --

4979(a)(1) any excess contributions under such plan for the plan year ending in such taxable year, and

4979(a)(2) any excess aggregate contributions under the plan for the plan year ending in such taxable year.

4979(b) LIABILITY FOR TAX. --The tax imposed by subsection (a) shall be paid by the employer.

4979(c) EXCESS CONTRIBUTIONS. --For purposes of this section, the term "excess contributions" has the meaning given such term by sections 401(k)(8)(B), 408(k)(6)(C), and 501(c)(18).

4979(d) EXCESS AGGREGATE CONTRIBUTION. --For purposes of this section, the term "excess aggregate contribution" has the meaning given to such term by section 401(m)(6)(B). For purposes of determining excess aggregate contributions under an annuity contract described in section 403(b), such contract shall be treated as a plan described in subsection (e)(1).

4979(e) PLAN. --For purposes of this section, the term "plan" means --

4979(e)(1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a),

4979(e)(2) any annuity plan described in section 403(a),

4979(e)(3) any annuity contract described in section 403(b),

4979(e)(4) a simplified employee pension of an employer which satisfies the requirements of section 408(k), and

4979(e)(5) a plan described in section 501(c)(18).

Such term includes any plan which, at any time, has been determined by the Secretary to be such a plan.

Code Sec. 4979(f), below, prior to amendment by P.L. 109-280, applies to plan years beginning on or before December 31, 2007.
4979(f) NO TAX WHERE EXCESS DISTRIBUTED WITHIN 21/2 MONTHS OF CLOSE OF YEAR. --

4979(f)(1) IN GENERAL. --No tax shall be imposed under this section on any excess contribution or excess aggregate contribution, as the case may be, to the extent such contribution (together with any income allocable thereto) is distributed (or, if forfeitable, is forfeited) before the close of the first 21/2 months of the following plan year.

4979(f)(2) YEAR OF INCLUSION. --

4979(f)(2)(A) IN GENERAL. --Except as provided in subparagraph (B), any amount distributed as provided in paragraph (1) shall be treated as received and earned by the recipient in his taxable year for which such contribution was made.

4979(f)(2)(B) DE MINIMIS DISTRIBUTIONS. --If the total excess contributions and excess aggregate contributions distributed to a recipient under a plan for any plan year are less than $100, such distributions (and any income allocable thereto) shall be treated as earned and received by the recipient in his taxable year in which such distributions were made.

Code Sec. 4979(f), below, as amended by P.L. 109-280, applies to plan years beginning after December 31, 2007.
4979(f) NO TAX WHERE EXCESS DISTRIBUTED WITHIN SPECIFIED PERIOD AFTER CLOSE OF YEAR. --

4979(f)(1) IN GENERAL. --No tax shall be imposed under this section on any excess contribution or excess aggregate contribution, as the case may be, to the extent such contribution (together with any income allocable thereto through the end of the plan year for which the contribution was made) is distributed (or, if forfeitable, is forfeited) before the close of the first 21/2 months (6 months in the case of an excess contribution or excess aggregate contribution to an eligible automatic contribution arrangement (as defined in section 414(w)(3))) of the following plan year.

4979(f)(2) YEAR OF INCLUSION. --Any amount distributed as provided in paragraph (1) shall be treated as earned and received by the recipient in the recipient's taxable year in which such distributions were made.

BACK TO SEC. 501 EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN TRUSTS, ETC.

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