Tax treatment of certain contributions
(1) In general
(1)In general#
Effective with respect to taxable years beginning after December 31, 1973 , for purposes of this title, any amount contributed—
(A) to an employees’ trust described in section 401(a), or
(B) under a plan described in section 403(a), shall not be treated as having been made by the employer if it is designated as an employee contribution.
(1)(A)#
to an employees’ trust described in section 401(a), or
(1)(B)#
under a plan described in section 403(a), shall not be treated as having been made by the employer if it is designated as an employee contribution.
(2)Designation by units of government#
For purposes of paragraph (1), in the case of any plan established by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, or a governmental plan described in the last sentence of section 414(d) (relating to plans of Indian tribal governments), where the contributions of employing units are designated as employee contributions but where any employing unit picks up the contributions, the contributions so picked up shall be treated as employer contributions.