dmertz
Level 15

Retirement tax questions

  • 2016:  Correct, you must file 2016 Form 5329 and pay the 6%, $390 penalty on the $6,500 excess contribution for 2016
  • 2017:  If you made no new excess contribution for 2017 then you would file 2017 Form 5329 and pay the 6%, $390 penalty on the $6,500 excess contribution, same as for 2016.
  • 2018:  If you made another $6,500 excess contribution for 2018, bringing your total excess in your Roth IRAs to $13,000, you must file 2018 Form 5329 and pay the 6%, $780 penalty on the combined $13,000 of excess in your Roth IRAs.
  • 2019:  After obtaining a regular distribution of exactly $13,000 from your Roth IRAs before the end of 2019, your 2019 tax return will include Form 5329 to show the $13,000 of regular distribution reducing your excess to zero and you'll own no penalty for 2019.  If your regular Roth IRA distribution is not a qualified distribution, your 2019 tax return must also include 2019 Form 8606 Part III to show that the taxable amount of the distribution is $0.
  • The total of the penalties to be paid is $390 + $390 + $780 = $1,560.  (If you fail to obtain a distribution of the $13,000 by the end of 2019, add another $780 as the penalty for 2019.)
  • Earnings remain in the Roth IRA.  Paying excess contribution penalties and the requirement to distribute earnings are mutually exclusive.