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scottc73
Returning Member

Form 5329 Included for Early Distribution Erroneous

TurboTax Windows Desktop is generating Form 5329 Part I for additional tax on early withdrawals.  I entered Pension and IRA distributions as part of my income and selected 7-normal distribution in Box 7.  Therefore Form 5329 is not required and should not be generated.  Turbo tax has generated Form 5329 for each distribution, listed the entire distribution on line 2, Part I, and listed exception 12.  Is there a way to delete Form 5329 before filing my taxes with IRS?

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6 Replies
BillM223
Employee Tax Expert

Form 5329 Included for Early Distribution Erroneous

Please note that you may be required to file the 5329, even if you can provide an exception to the penalty.

 

"You must file form 5329 if any of the following apply:"

 

You received a distribution subject to the tax on early distributions from a qualified retirement pl...

 

So if your early distribution penalties were waived, you should still have the exception code on line 2 to the left of the number column. Is that the case?

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scottc73
Returning Member

Form 5329 Included for Early Distribution Erroneous

Thanks for your response.  The situation described in your reply does not fit my situation since my distributions are not early distributions subject to the tax.  I am over 70 and have been taking distributions from my  IRA and Pension for years.  I believe there is a bug in the TurboTax program. 

Form 5329 Included for Early Distribution Erroneous

Then I would go back and check your birthdate under My Info or Personal info.  Are you married?  Is your spouse younger than 59 1/2?

 

There are a couple bugs with 1099R.   Mainly about the RMD.  Do you need to take the RMD?  Could be this…..

 

Tax on excess accumulations.   That’s because Turbo Tax thinks you didn’t take the full RMD from all your accounts.

 

Turbo Tax changed this year. When it asks about the RMD it is only asking for that one 1099R. You need to enter the amount in box 1 on that 1099R for the RMD, not the total RMD for all.

scottc73
Returning Member

Form 5329 Included for Early Distribution Erroneous

Thanks for reply on RMD issues.  My personal info is correct regarding age and I am not subject to taking an RMD yet.

BillM223
Employee Tax Expert

Form 5329 Included for Early Distribution Erroneous

Ah, my mistake. Exception 12 states: "Distributions incorrectly indicated as early distributions by code 1, J, or S in box 7 of Form 1099-R. Include on line 2 the amount you received when you were age 59½ or older."

 

So I see that you had a distribution code of 1 - was true on every 1099 form you had? Maybe one had a 1, J, or S?

 

OK, do you have a Schedule 2 on your return? Is there an entry on line 8? For that matter, is there an entry on line 4 of your 5329? It may be not enough to just delete the 5329 (which you can do if you wish) but not if there is an entry on line 8 on Schedule 2.

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scottc73
Returning Member

Form 5329 Included for Early Distribution Erroneous

All distributions are 7-Normal Distribution.  I do not have a Schedule 2.  Thanks for taking a close look at this issue.  I will likely delete Forms 5329 before filing.

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