RobertB4444
Expert Alumni

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In the instructions for form 3805P there is a lot of information about what needs to be entered on the form.  California doesn't provide as many exceptions as the federal return does.  But based on what it says what should be included with 3805P is the amounts from 5329.  If you are zeroing out the amounts on 5329 then you will not report them on 3805P and you will provide a copy of the 5329 to California.

 

However, if any of the exceptions that you are entering onto the 5329 are not covered by California then you will be taxed on the distributions regardless of what the IRS says about your 5329 form.  So check for the explanation that you are entering here and see if that is covered.  If it is then you don't need to file a 3805P with California, just a copy of your federal return with the 5329 included.  If the exception that you are asking the IRS to recognize is not recognized by California then you will need to file 3805P and pay taxes to California even if the IRS says you don't owe.

 

Here is the instructions for form 3805P.  Take a look at the exceptions and see if you can skip the form altogether.

 

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