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I don't know what the best option is. I am looking for best possible solution from you. I need to file my 2018 taxes tomorrow since I had filed an extension. I also never listed the deposit on 2017 tax form since I thought it was being returned prior to tax year.
@macuser_22, yes I was suggesting that as a possibility if the distribution was made before the due date of the 2017 tax return, but I don't know how the IRS would react to it. The law does not specify how a return of contribution must be reported by the payer, only that a distribution that is a return of contribution must be accompanied by attributable gains (or loss), so treating a regular distribution made by the due date of the tax return as a partial return of excess contribution seems reasonable to me.
However, I didn't address the issue that the distribution actually occurred on 4/18/2018. 4/18/2018 is one day beyond the statutory due date of 4/17/2018, but on 4/17/2018 the IRS had processing problems that caused them to treat tax returns filed on 4/18/2018 to be timely filed. There was debate last year about whether or not this also extended the deadline for making IRA contributions or a corrective distribution before the due date of the 2018 tax return. My position on this was that the IRS granted an automatic 1-day extension but did not actually change the due date (since IRS processing problems had no bearing on the ability of an IRA distribution to be processed), so with that interpretation it appears that the distribution on 4/18/2018 was actually made after the due date of the 2017 tax return, that the 6%, $390 penalty is due for 2017 (on 2017 Form 5329), and the $6,500 regular distribution resolves the excess on the 2018 Form 5329, but is nontaxable. In 2018 TurboTax it's necessary to enter $0 in box 2a to trigger TurboTax to treat it as a nontaxable return of contribution after the due date of the tax return and prompt for explanation.
If one takes the position that the distribution can be treated as a return of contribution before the due date of the 2017 tax return, given that a 2018 code P Form 1099-R is reportable on the 2017 tax return I imagine that one would amend the 2017 tax return with an explanation statement indicating the partial return of the excess contribution that I described but include the substitute Form 1099-R (2018 Form 4852) with the 2018 tax return to explain why the code 7 Form 1099-R is not being included in income on the 2018 tax return.
I have corrected 2018 1099-R and put 0 in line 2A. Is is ok to amend my 2017 tax return after I file 2018. Also do I need to show excess contribution on amended 2017 and wait for any excess earned to be returned before I amend 2017 taxes?
You can amend 2017 after filing 2018, but you need to make sure that your 2018 Form 5329 shows on line 9 the $6,500 of excess contribution carried in from line 16 of the amended 2017 Form 5329 you will be filing. Don't wait too long to file your 2017 amendment.
@dmertz wrote:
You can amend 2017 after filing 2018, but you need to make sure that your 2018 Form 5329 shows on line 9 the $6,500 of excess contribution carried in from line 16 of the amended 2017 Form 5329 you will be filing. Don't wait too long to file your 2017 amendment.
@dmertz I am assuming that by filing the 2018 1099-R with box 2a a zero that the poster is conceding that the entire $6,500 2017 contribution was not timely removed and therefore owes a 6% penalty (excise tax) of $390 for 2017. Am I correct that in that case the earnings can stay in the IRA and do not need to be removed since the penalty has been paid on the entire amount?
Correct. Payment of the 6% excess contribution penalty and the need to distribute earnings are mutually exclusive. The need to distribute earnings is only mentioned in the statute regarding a return of contribution before the due date of the tax return.
I made an omission in my discussion of the deadline for removal of the excess contribution before the due date of the 2017 tax return. As long as the 2017 tax return was timely filed or an extension was timely requested, the deadline for the return of the excess contribution made for 2017 was October 15, 2018 and the distribution on April 18, 2018 was certainly before that (and I'm not sure why the custodian would not have completed the distribution as a return of contribution if that is what was requested). I'm not remembering my entire train of thought, but the fact that the distribution occurred before the extended due date is probably why I didn't originally consider treating the distribution as a return of contribution after the due date of the 2017 tax return.
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