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Level 2
posted Mar 22, 2023 12:32:55 PM

1099R box 7. Possible wrong code?

Hi, I put some money  into daughters Roth when she didnt have any earned income. I contacted ameritrade and received and filed a removal of excess form.  There were 2 contributions in 2021, one $1000.00 contribution was made early in 2021and was earmarked for application for 2020 contribution .  She received  a 1099r with a removal of $1000.00 exactly.  The box 7 code was "J".    The removal of excess paperwork was submitted with the T D Ameritrade calculates earnings option selected.     I also had 10% federal and 6% state tax withheld.  The excess removal was filed and money paid back by check in March 2022.  Nothing has been done tax wise with it till now, and I am currently trying to figure it out. I believe the box J is incorrect  and that IRS will not see this as a removal of excess but as just an early withdraw of funds and penalties could keep accruing.

  The other contribution was made in 2021 for credit to tax year 2021 ira contribution limit.  The removal of excess form was filed in 2022 and check received in 2022. Box 7 codes were P and J . 

    I contacted Ameritrade about the code J  for removal of excess of the $1000.00 and got pushback about changing the code.  They said that it wouldnt get the code P as the contribution was for credit to 2020 ira contribution limit  even though the contribution was made in 2021. I said what about no code indicating removal of excess and the they said dont worry IRS knows that it is a removal of excess anyway.

       My big questions are  1).         Is code J correct for removal of excess of the $1000.00  for contribution to tax year 2020. If not, can I just put the correct code into turbotax or must I get Ameritrade to correct the 1099R with a correct code.

   2).    Is code   J, P correct for the other withdraw of excess?    The contribution was made in 2021 for credit to 2021 contribution limit. No taxes were taken from this smaller contribution that was removed from the Roth.   

The removal was transacted in 2022 as was the other amount as well.  Is it possible both should be coded  "8".

3). Its possible I may have made invalid contributions to my IRA's for earlier years going back some years as well. If I have those removed in the future what codes should I expect to see?

4).   Does turbotax caution you if an invalid contribution is made.  Mine may have exceeded my earned income and be invalid.   I have been retired for a number of years with most retiremennt income being pension and social security.        Thanks for any and all help.  Sorry it is so long question.

 

 

     

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1 Best answer
Level 15
Mar 22, 2023 2:18:45 PM

1)  Yes, code J is correct.  The distribution was obtained too late to be able to be done as a return of contribution to avoid the 6% excess contribution penalty on the 2020 tax return.  If the 2020 tax return did not include Form 5329 reporting the excess Roth IRA contribution for 2020, that form must be filed and the $60 penalty paid.  The excess $1,000 contribution for 2020 carries forward to 2021 where it is again subject to a 10%, $60 penalty on a 2021 Form 5329.  The code-J distribution in 2022 corrects this excess and will reduce the $1,000 excess carried into 2022 from 2021 to zero on the 2022 Form 5329.

 

2)  Yes, codes J and P are correct for the return of the excess contribution for 2021.  This return of contribution avoids any excess contribution penalty on the original contribution made for 2021.

 

3)  If you have any excess contributions made for years prior to 2022, those would be corrected by making a regular distribution of exactly the amount of the excess with no adjustment for investment performance.  You would also have to file a Form 5329 and pay the penalty for each year that there was an excess contribution in your Roth IRAs.

 

4)  Yes, TurboTax informs you of an excess IRA contribution and prepares Form 5329 to assess the penalty, assuming that you enter the contribution and do not resolve the excess contribution before the due date of the tax return, including extensions.

18 Replies
Level 15
Mar 22, 2023 2:18:45 PM

1)  Yes, code J is correct.  The distribution was obtained too late to be able to be done as a return of contribution to avoid the 6% excess contribution penalty on the 2020 tax return.  If the 2020 tax return did not include Form 5329 reporting the excess Roth IRA contribution for 2020, that form must be filed and the $60 penalty paid.  The excess $1,000 contribution for 2020 carries forward to 2021 where it is again subject to a 10%, $60 penalty on a 2021 Form 5329.  The code-J distribution in 2022 corrects this excess and will reduce the $1,000 excess carried into 2022 from 2021 to zero on the 2022 Form 5329.

 

2)  Yes, codes J and P are correct for the return of the excess contribution for 2021.  This return of contribution avoids any excess contribution penalty on the original contribution made for 2021.

 

3)  If you have any excess contributions made for years prior to 2022, those would be corrected by making a regular distribution of exactly the amount of the excess with no adjustment for investment performance.  You would also have to file a Form 5329 and pay the penalty for each year that there was an excess contribution in your Roth IRAs.

 

4)  Yes, TurboTax informs you of an excess IRA contribution and prepares Form 5329 to assess the penalty, assuming that you enter the contribution and do not resolve the excess contribution before the due date of the tax return, including extensions.

Level 2
Mar 22, 2023 3:09:56 PM

Thank you for using your expertise to give me a reply to my tax question .  II find doing the IRA's  the toughest part of my yearly tax routine.  With theYour answer gives me another question/s though.  Do I need to file amended returns for Form 5329 for either of those 1099s  for tax year 2020 or 2021. Thanks again for your help.

Level 2
Mar 22, 2023 3:14:01 PM

Oh and by the way, this tax issue is for my daughter who is a student and had no income for tax years 2020 and 2021, so she didnt file returns at all for these years.    So previous question should have been....should she file a return for 2020 and 2021  and submit the form 5329  or could she just send in form 5329 for these years.  Thanks .

Level 15
Mar 22, 2023 8:58:05 PM

Form 5329 can be filed stand-alone, but if an original tax return was filed for the particular year (in the case of your excess contributions, not your daughter's excess contributions) it's probably best to include Form 1040-X to establish that there is no other change to your originally filed tax return.

Level 2
Mar 25, 2023 8:51:42 PM

Hi dmertz, I filed a 1040 with form 5329 showing I had made the excess to daughters IRA for tax year 2020 and that the excess was not removed  by tax filing time for tax year 2020. A 60 dollar fine was assessed and paid. As I mentioned in original question, the excess of $1000 for 2020 (and the 10 excess for tax year 2021) were both removed in March of 2022 before the filing deadline for tax year 2021.

  You mentioned in reply......The excess $1,000 contribution for 2020 carries forward to 2021 where it is again subject to a 10%, $60 penalty on a 2021 Form 5329.      If I removed the $1000  2020 excess contribution that carried over into 2021 before April 18 2022 (tax filing deadline)  would I be subject to the $60 penalty?  Thanks for the clarification.

Expert Alumni
Mar 26, 2023 5:33:24 AM

Yes, you will be subject to the 6% penalty for the 2020 excess on your 2021 tax return/ 2021 Form 5329 because the 2020 excess wasn't removed by December 31, 2021. The extended time until the due date of the 2021 tax return would only apply to a 2021 excess contribution, not to the 2020 excess.

 

@kojajt 

Level 15
Mar 26, 2023 5:43:43 AM

The deadline to make the $1,000 regular distribution to avoid a 6% penalty for 2021 was December 31, 2021.

Level 2
Apr 4, 2023 8:07:58 PM

Hi, still a bit confused here. Can you explain what year the 1099 R for the $1000 excess contribution for tax year 2020 should be filed too.  It says 2022 Form1099R on top.   Would I report this 1099R on a amended 2020 return?

 

This excess was removed last year  on March 15 2022.  Fidelity only returned the excess contribution with no earnings calculations.  What happens with those if there are any? How are they accounted for. Thank you

Level 15
Apr 5, 2023 4:34:20 AM

The regular distribution of $1,000 in 2022 is reportable on your daughter's 2022 tax return.

 

Because 6% penalties for 2020 and 2021 are paid, the earnings on the $1,000 remain in the Roth IRA.

Level 2
Apr 5, 2023 9:20:12 PM

Okay, the 1099R for $1000 excess contribution gets reported on 2022 return.       However, the other 1099R 2022, $10 excess contribution  (plus $0.15 earnings)  removal for 2021 which was removed before the filing deadline the next year in 2022 gets reported  on the 2021 return  correct?   Thank you for your patience and for your guidance.

Expert Alumni
Apr 6, 2023 6:30:20 AM

Yes, the regular distribution of $1,000 reported on the 2022 Form 1099-R code J will be entered on the 2022 tax return.

 

Yes, the 2022 Form 1099-R with codes P and J for the 2021 excess contribution plus earnings will be entered on the 2021 tax return.

 

@kojajt 

Level 2
Apr 12, 2023 2:08:33 PM

I have this same problem with TDAmeritrade.
I made an excess deposit for tax year 2021 of $7000 in late January 2022.
In mid March I realized my mistake and filed for a return of excess contribution. Well before the tax due date by weeks.
While they sent the original deposit as marked for 2021, they have coded the excess withdrawal as an early distribution. And they say doesn't matter when the request was made, it is an early withdrawal for 2022.
They coded the 1099-R for 2022 as 8, J

Is this enough info?

How would you all handle this? 

Level 15
Apr 12, 2023 3:59:54 PM

In the case of a return of contribution from a Roth IRA before the due date of the tax return, code J is always present to indicate that the distribution is from a Roth IRA and does not necessarily mean that the distribution was an early distribution.  If you were over age 59½ at the time of the distribution, you can claim an Other reason exception on line 2 of Form 5329 to eliminate the penalty on the taxable amount.

Level 2
Apr 12, 2023 4:05:34 PM

That's awesome! I really appreciate the info and the quick response.
This goes on the 2022 and not to an amended 2021?

Level 15
Apr 12, 2023 6:48:56 PM

Yes, code 8J on a 2022 Form 1099-R means that any amount of gains shown in box 2a are taxable on your 2022 tax return.

Level 2
Apr 12, 2023 10:06:32 PM

OK, this is where I get lost. And I hope I am not abusing your good advice here.

My box 2A has $0.00 on the 2022 - 1099R. 
I mistakenly deposited 7000 in Jan of 2022, for tax year 2021.
In mid March of 2022, I realized my error and requested a return of the mistaken deposit from 6 weeks earlier for 2021 tax year.
But now I have a 1099-R for 2022 showing a Gross distribution of 6,918 as the cost basis return of the 7000.
And long after I filed for 2021, I got a 1099-R for 2021 for the deposit, which I did not include in the 2021 filing as it came so late and I was under the impression it would be nullified in the final reporting.

And TurboTax is saying I owe 6% of 7000 for an 'additional tax'.

I requested the return of the mistaken deposit prior to the due date of the 2021 tax return. It seems to read that because the excess contribution was requested prior to the return due date for the same tax year, that extra tax should not be occurring.

Should I instead be amending the 2021 return, including the 2021 1099-R deposit and then entering the 2022 10990-R? The 2021 1099-R deposit is not reported anywhere.

What's odd is even though the 7000 does not appear anywhere on my 2021 return, TurboTax is showing 7000 as a 2021 excess contribution.


Level 15
Apr 13, 2023 6:04:11 AM

If box 2a shows $0 as taxable and there is no tax withholding, entering a code-8J Form 1099-R into TurboTax only causes TurboTax to prompt for an explanation of the return of contribution.  Since the contribution returned was a 2021 contribution (you'll want to verify that with your IRA custodian or Forms 5498), the explanation is required with your 2021 tax return, not your 2022 tax return.  You must omit this Form 1099-R if it causes TurboTax to include an explanation statement with your 2022 tax return.

Level 2
Apr 13, 2023 6:19:54 AM

I have to tell you that despite my asking this question of many sources, this is the first answer that made sense to me. This actually gave me some peace of mind on how to proceed.
Thank you.