Yes.
You would need to amend your 2023 return to report that the excess contributions for both you and your spouse had been withdrawn. You enter the 2024 forms 1099-R with code PJ in box 7, and specify that they are for tax year 2024.
Your earnings will be taxed, but no longer subject to the 10% early withdrawal penalty (this is a new disposition of the Secure Act 2.0).
Your husband's loss is not deductible.
For your 2024 tax return, there is no need to enter these 2 forms 1099-R (as they now have been reported for 2023).
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