How do i file a form 5329?

[DianeW777]

If you do not have a 1099-R to file you must include form 5329 when you e-file and unfortunately this can only be done using the "Forms" mode which is only available with TurboTax CD/Download.

You can change to TurboTax Basic CD/Download if you choose.

• How to switch from TurboTax Online to TurboTax CD/Download?

Once this is completed here are the steps to add Form 5329 to your return.

1. Enter the forms mode and click on open form (left). Type in 5329.
2. Choose 5329-T for the taxpayer (first person listed on your tax return), or 5329-S (for spouse - 2nd person on tax return)
3. Scroll down to Part IX line 52 and enter the RMD amount that should have been taken.
4. On line 53 enter the amount of the RMD that was actually taken (probably zero if it was missed).
5. Then in the box right under line 53 "Waver of Tax Smart Worksheet" enter the same amount as line 52 (the RMD amount). Then click the "Explanation" button and enter the reason for missing the RMD and your statement requesting a waver.

You will not pay any penalty now until the IRS determines if it will grant the waver, then they will inform you if you owe the penalty.

@vasantraga65 

[KRR4061]

I'm trying to file an amended 2022 Filing to add  IRS Form 5329 since I failed to take it before Dec.30 ANy info helps

[12ARMTT]

I’m reporting a withdrawal of excess contribution to my Traditional IRA and was instructed by Turbo Tax expert to input it on the form 1099-R even though I didn’t get one. When I was reviewing my Form 1040, I saw something on IRA Contributions worksheet on Line 15 that says Excess traditional IRA contributions, to Form 5329, but this line shows blank. 

You said that if Turbo Tax determined that I have an excess contribution, it will generate form 5329 automatically. Was I instructed incorrectly by your expert to input my excess contribution on 1099-R? How do I fix this if it’s wrong? Thank you!

[DanaB27]

If you haven't taken the RMD then take it as soon as possible. 

You will need to file Form 5329 and request a waiver of the penalty if you have reasonable cause. Please see Relief for Reasonable Cause for additional information.

You will need to file 1040-X after your original return has been processed. Please see How do I amend my federal tax return for this year?

Unfortunately, this can only be done using the "forms" mode which is only available with the TurboTax Desktop software if you do not have a Form 1099-R to file:

1. Enter the forms mode and click on "Open Form" and type "5329".
2. Scroll down to Part IX line 52 and enter the RMD amount that should have been taken. On line 53 enter the amount of the RMD that was actually taken (probably zero if it was missed).
3. Then in the box right under line 53 "Waver of Tax Smart Worksheet" enter the same amount as line 52 (the RMD amount). 
4. Click the "Explanation" button and enter the reason for missing the RMD and your statement requesting a waiver.

If using the TurboTax Online version and have no 2022 Form 1099-R to file, you will have to prepare the 5329 manually.

Download Form 5329 from the IRS website and fill it out the same as above. Print and mail your return with the 5329 form and explanation attached as described in the 5329 instructions.

The 2022 Form 5329 must be attached to your printed and mailed 2022 amended tax return and cannot be e-filed.

Please be aware that you can only use this method if you are requesting a waiver of the penalty and there is no taxable amount on Form 5329 form line 55 that must be transferred to Schedule 2 line 8.

@KRR4061 

@12ARMTT 

If you withdrew the excess contribution for 2022 plus earnings by the due date then you don't have to pay the 6% penalty (you don't enter the contribution in the IRA contribution interview). Also, if you removed the excess on or after December 29, 2022, then the 10% early withdrawal penalty doesn't apply. If the excess was removed before December 29, 2022, then TurboTax will calculate the 10% early withdrawal penalty.

If you withdrew a 2022 excess traditional IRA contribution plus earnings in 2023 before the due date, then you will get a 2023 Form 1099-R in 2024 with codes P and 1. This Form 1099-R will have to be included on your 2022 tax return and you have two options:  

• You can wait until you receive the 2023 Form 1099-R in 2024 and amend your 2022 return or
• You can report it now in your 2022 return and ignore the 1099-R when it comes unless there is Box 4 Federal Tax withholding and/or Box 14 State withholding. Then you must enter the 2023 Form 1099-R into the 2023 tax return since the withholding is reported in the year that the tax was withheld. The 2023 code P will not do anything to the 2023 tax return but the withholding will be applied to 2023.

To create a Form 1099-R in your 2022 return please follow the steps below:

1. Login to your TurboTax Account 
2. Click on the "Search" on the top right and type “1099-R” 
3. Click on “Jump to 1099-R”
4. Answer "Yes" to "Did you get a 1099-R in 2022?"
5. Select "I'll type it in myself"
6. Box 1 enter total distribution (contribution plus earning)
7. Box 2 enter the earnings
8. Box 7 enter P and 1 
9. Check the "IRA/ SEP/ SIMPLE" box

1. Click "Continue"
2. On the "Which year on Form 1099-R" screen say that this is a 2023 1099-R.
3. Click "Continue" after all 1099-R are entered and answer all the questions.
4. Continue until "Did you use your IRA to pay for any of these expenses?" screen and enter the amount of earnings under "Another reason" if you are over 59 1/2 (if you are under 59 1/2 and removed the excess after December 29, 2022, then enter it next to "Corrective Distributions made on or after December 31, 2022")

Please be aware, code P will say in the drop-down menu "Return of contribution taxable in 2021" you can ignore that since the follow-up question will tell TurboTax that it will be taxable in 2022.