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Ask The Expert Questioner: Jane Answer: Jane, thanks for your questions. That is great to hear that you are doing well in your business. I am happy to tell you that the IRS has answered this very question: “Yes". A SEP can be set up for a person’s business even if he or she participates in another employer’s retirement plan. In 2008, the maximum contribution to an SEP-IRA is the lessor of $46,000 or 25% of your ‘eligible compensation.’ These limits apply to all contributions to defined benefit plans, which means you have to take into account 401k contributions when determining the maximum contribution to an SEP-IRA. So if you contributed $15,000 to a 401k, your maximum SEP-IRA would be $31,000 or 25% of your ‘eligible compensation,’ whichever was less. If you are self-employed, however, the definition of ‘eligible compensation’ gets more involved, the result being that the maximum percentage is 20% (not 25%). You’ll find more details in IRS Publication 560. To be safe consult your CPA, EA or tax preparer when calculating your eligible contributions. Never consult your IRA custodian since they might pretend its their job to help you, but it isn't and often times they get it wrong and you are left taking the blame. Good Luck.
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