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Depends...on the plan...if it is "qualified" under the IRS rules or not AND if the contribution is within certain limits (as a percentage of income, etc.).

Also, it is almost always TAXABLE...but generally not NOW. Which is to say it may not be taxable the year it was contributed, but it (and the earnings on it) generally are when they are withdrawn or received.

As a general rule - most employers plans (like a 401k - which is named after the section of the code that establishes the guidelines for it) are qualified...and contributions to them by either party are not currently considered income taxable (although they may be subject to social security tax)...but upon retirement and taking the $ out, that will be.

To complicate it more, not all States follow the federal rules for what they consider income or unemployment, etc. taxable. (When and how much the employer gets to deduct as a payroll expense can be a much more complex calculation...but the employer paid contribution (he gets nothing out), is a payroll expense at some time).

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17y ago

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