### Question
How is the term excess contributions defined?


### Answer
The term **excess contributions** is defined in *26 U.S.C. § 4973* as the following:

> the sum of—


(1) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions described in section 220(f)(5)) which is neither excludable from gross income under section 106(b) nor allowable as a deduction under section 220 for such year, and


(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of—


(A) the distributions out of the accounts which were included in gross income under section 220(f)(2), and


(B) the excess (if any) of—


(i) the maximum amount allowable as a deduction under section 220(b)(1) (determined without regard to section 106(b)) for the taxable year, over


(ii) the amount contributed to the accounts for the taxable year

#### Citation:
  - *26 U.S.C. § 4973*
  - Heading: **Subtitle D-Miscellaneous Excise Taxes > CHAPTER 43-QUALIFIED PENSION, ETC., PLANS**

