dmertz
Level 15

Retirement tax questions

A1.  No, you are not subject to an early-distribution penalty.  Distributions to an alternate payee under a QDRO are exempt from the early-distribution penalty.

 

A2.  Yes, you must file the Form 1099-R.  The distribution is taxable to you, so it must be reported.

 

A3.  Assuming that the IRS has not already caught that the Form 1099-R is missing from your 2018 tax return and made the necessary adjustment, you must amend your 2018 tax return to add this Form 1099-R.