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Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

The Community answers I have seen for variations of my question all seem to tell me to do what I have done - go on and take the RMD now, send a 5329 to IRS, ask for a waiver.  The IRA is an inherited IRA, so this isnt an RMD for being over 70 1/2.  With an inherited IRA you take an RMD based on the beneficiary's age, no matter the age, you just look it up in a table.

The IRA is at Vanguard and when I did the RMD withdrawal I told them to pay income tax on it, so as far as I know I have done everything except what I need to do at 1040 time.  If I do a paper 1040 I would just resubmit the 5329 with a note saying that I sent it in as soon as I realized the failure to take the RMD.  The advice I saw online was to do that, better to let IRS know about it ASAP.

But what do I do now as I fill in my TurboTax?  That's my specific question.

There is a place for "Extra Tax on Early Retirement Withdrawals" where you can do a 5329 for an early withdrawal of IRA funds, before age 59, but that is for the case where you took out something within the 2017 tax year, and iyou got a 1099-R for it.  But my use of 5329 is for Part IX - "Additional Tax on Excess Accumulation in Qualified Retirement Plans".  The excess accumulation is because the taxpayer didnt take the necessary RMD.  Since I took no funds in 2017 there is no 1099.

So I'm wondering if TurboTax SE does not actually provide a way to include a 5329 Part IX.



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Accepted Solutions
DianeW
Expert Alumni

Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

You are correct, as noted below. Here is what you do now: Without a Form 1099R for 2017, you do not have an ability to add the Form 5329. Keep reading to see what you should do. Plan to mail your return.

If it was withdrawn in 2018 it will be reported on your 2018 tax return.  You will receive the Form 1099R in 2018 for the withdrawal, which means you will have two years included on the form for next year.

However, you should file Form 5329 with your 2017 tax return to pay the late penalty OR request the waiver of the excess accumulation penalty on the RMD since you missed the December 31, 2017 deadline (as you indicated).

It is almost impossible to prepare a  5329 form with TurboTax if you do not have a 1099-R to file.   You are better off just downloading the forms from the IRS.  Only if you have a 2017 1099-R to enter can the 5329 be created.  If no 1099-R then also hand fill out the IRS 2017 form and attach it to your 2017 tax return that you will need to mail.

From 5329 instructions: Waiver of tax. The IRS can waive part or all of this tax if you can show that any shortfall in the amount of distributions was due to reasonable error and you are taking reasonable steps to remedy the shortfall. If you believe you qualify for this relief, attach a statement of explanation and file Form 5329 as follows.

1.    Complete lines 52 and 53 as instructed.
2.    Enter “RC” and the amount you want waived in parentheses on the dotted line next to line 54. Subtract this amount from the total shortfall you figured without regard to the waiver, and enter the result on line 54.
3.    Complete line 55 as instructed. You must pay any tax due that is reported on line 55.

The IRS will review the information you provide and decide whether to grant your request for a waiver. Here are links to the 2017 Form 5329 and instructions.  See part IX of instructions, page 7.

View solution in original post

5 Replies
DianeW
Expert Alumni

Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

You are correct, as noted below. Here is what you do now: Without a Form 1099R for 2017, you do not have an ability to add the Form 5329. Keep reading to see what you should do. Plan to mail your return.

If it was withdrawn in 2018 it will be reported on your 2018 tax return.  You will receive the Form 1099R in 2018 for the withdrawal, which means you will have two years included on the form for next year.

However, you should file Form 5329 with your 2017 tax return to pay the late penalty OR request the waiver of the excess accumulation penalty on the RMD since you missed the December 31, 2017 deadline (as you indicated).

It is almost impossible to prepare a  5329 form with TurboTax if you do not have a 1099-R to file.   You are better off just downloading the forms from the IRS.  Only if you have a 2017 1099-R to enter can the 5329 be created.  If no 1099-R then also hand fill out the IRS 2017 form and attach it to your 2017 tax return that you will need to mail.

From 5329 instructions: Waiver of tax. The IRS can waive part or all of this tax if you can show that any shortfall in the amount of distributions was due to reasonable error and you are taking reasonable steps to remedy the shortfall. If you believe you qualify for this relief, attach a statement of explanation and file Form 5329 as follows.

1.    Complete lines 52 and 53 as instructed.
2.    Enter “RC” and the amount you want waived in parentheses on the dotted line next to line 54. Subtract this amount from the total shortfall you figured without regard to the waiver, and enter the result on line 54.
3.    Complete line 55 as instructed. You must pay any tax due that is reported on line 55.

The IRS will review the information you provide and decide whether to grant your request for a waiver. Here are links to the 2017 Form 5329 and instructions.  See part IX of instructions, page 7.

Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

Thanks!!!  This one seems a bit tricky, you made it clear.
DianeW
Expert Alumni

Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

@flokey You're welcome! It was a privilege to help.
sjmyst
New Member

Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

I have already filed my 2017 return using efile with TT.  I am now filling out form 5329 to ask for a waiver.  Do I just send in form 5329?  Do I need to amend my 2017 return?  Do I have to send my 1040 with 5329?  Where do I send the 5329 form with letter and whatever else I need to attach?

Can I do Form 5329 in TT Self-Employed? I missed a 2017 IRA RMD. I took the RMD in Feb 2018, & sent a letter to IRS, with explanation & request for waiver. Now what?

@sjmyst -- 
use form 1040X to add or correct information on an already filed tax return.
If you request the waiver correctly none of the amounts on your return will change.
Do not include Form 1040 because Form 1040X reflects any changes there and becomes your new tax return.
include a separate sheet after 5329 with your explanation of "reasonable cause".

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