0821 Publ 4546 (PDF)

Official source: IRS Forms, Instructions & Publications (https://www.irs.gov/pub/irs-pdf/p4546.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).

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Every year it’s important that you review the requirements for operating your 403(b) plan. Use this checklist to help you keep your plan in compliance with many of the important rules. Check the box if you can answer “yes” to the question. For additional information (including examples) on how to find, fix and avoid each mistake, click on “More .”

Is your organization eligible to sponsor a 403(b) plan? A 403(b) plan may only be established by public educational institutions and Section 501(c)(3) organizations. More

Are the plan operations based on the plan document terms? Failure to monitor the operation of the plan may lead to a failure to follow the terms of the written plan. More

Are total contributions limited to comply with tax law? Total employee and employer contributions made to any plan participant can’t exceed the lesser of $58,000 (for 2021) or 100% of includible compensation. More

Are elective deferrals, including any catch-up and Roth contributions, within the limits of the tax law? Failure to limit deferrals to $19,500 (in 2021) plus any remaining catch up may result in additional taxes and penalties to the employee and employer. More

Are you and your 403(b) vendors enforcing participant loan repayments and limiting aggregate loan amounts? If not, the loan may be deemed a taxable distribution and reported as income to the participant. More

If you didn’t check all boxes, you may have a mistake in the operation of your plan. This list is only a guide to a more compliant plan, so checking all boxes may not mean your plan is 100% compliant. This list doesn’t contain all plan requirements and shouldn’t be used as a substitute for a complete plan review. Learn how to correct mistakes without penalty and without notifying the IRS at www.irs.gov/fixmyplan. Don’t send this checklist to the IRS.

See www.irs.gov/retirement and click “Types of Retirement Plans” for Fix-It Guides and other resources for 403(b) and other plan types.

Contact your tax advisor www.irs.gov/retirement Call the IRS at 877-829-5500

Publication 4546 (Rev. 8-2021) Catalog Number 48817P Department of the Treasury Internal Revenue Service www.irs.gov