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Level 2
February 10, 2024
Question

Form 5329-t generated when not needed.

  • February 10, 2024
  • 19 replies
  • 122 views

When doing my 2023 Income Tax I noticed that TurboTax Deluxe Desktop generates form 5329-t entering a value on line 2 of Part I, with an exception number of 12.

This is being generated automatically after entering a 1099-R with the distribution code in box 7 being a "U". This distribution is already exempt from early distributions, and it is not an early distribution as I am older than 59 1/2.

When I look at the IRS instructions for Form 5329, it says that exception 12 is for "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 591/2 or older." Exception 15 is "Distributions that are dividends paid with respect to stock described in section 404(k)" which is what a distribution code "U" is in box 7 of the 1099-R.

I've had this same Distribution coded U in the past few years and Form 5329 was never generated before, however when I opened up my previous two years TT programs, there was an update that took place and now form 5329 is generated for my pervious taxes. When I look at my printed tax form there is no Form 5329.

Why is TurboTax generating this form when it is not needed?

Thanks,

GS

    19 replies

    Level 15
    February 11, 2024

    A properly entered Form 1099-R with cod U in box 7 does not cause TurboTax to create an entry on Form 5329.  If you are using the CD/download version of TurboTax, make sure that you are not making entries in forms mode.  If all else fails, delete your Forms 1099-R, delete the Form 5329, then reenter the Forms 1099-R.

    GJS60Author
    Level 2
    February 11, 2024

    dmertz,

    Thanks for your reply.

    I have started 3 new tax returns and only used the Step-by-Step view to answer the questions, and whenever I use code U in box 7 when entering Form 1099-R TurboTax does create Form 5329-T.

    As I stated it enters the amount from line 1 of the 1099-R on Form 5329-T in Part I, Column A, Line L in the "Distributions Not Subject to Additional Tax Smart Worksheet" and also on line 2. It also enters exception 12 on line 2 as well.

    I agree that it should not generate Form 5329-T, but I have tried it several times and it always generates Form 5329-T when box 7 is set to code U.

    I have entered the form 1099-R using code 7 in box 7 and no Form 5329-T is generated, then if I go in and edit the 1099-R and make box 7 a U Form 5329-T is then generated.

    Have you tried this recently? It happens to me every time. I think there is a bug in the program. 

    I also did what you suggested, deleting Form 5329-T and the 1099-R and reentering it, but again the same thing happens.

    Please help.

    Thanks

    Level 15
    February 11, 2024

    I was not able to reproduce the symptom with either the CD/download version or the online version of TurboTax.  When I created a tax return for someone age 33 with the only income being a Form 1099-R with an amount in box 1, the same amount in box 2a, no box 2b boxes marked, code U in box 7 and the IRA/SEP/SIMPLE box unmarked, Form 5329 was not produced.

     

    Do you have any other Forms. 1099-R entered?  There have been a few occasions over the years where TurboTax has had some bizarre interactions between Forms 1099-R, although all of those I'm aware of have been resolved.