in [Event] Ask the Experts: Tax Law Changes - One Big Beautiful Bill
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If you turned 70 1/2 in 2019 then yiu had until Apr. 1, 2020 to take the first RMD so it would not be late.
Otherwise, if taken in 2020, it will be reported on a 2020 1099-R (Note that the CARES act suspended the 2020 RMD, but not the 2019 RMD).
You will need to file a 5329 form and request a waiver of the penalty. (The waiver would only be denied if there is no reasonable explanation and the missed RMD was not taken at all.)
Unfortunately this can only be done using the "forms" mode that is only available with the desktop software if you do not have a 1099-R to file.
If you do have a 2019 1099-R to report then the RMD question in the interview will go to the form 5329 waiver interview if you say that the 2019 RMD was not taken.
If you are using the CD/download version:
Enter the forms mode and click on open form. Type in 5329. Choose 5329-T for the taxpayer (first person listed on your tax return), or 5329-S (for spouse - 2nd person on tax return).
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).
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.
OR - if using the Online version and have no 2019 1099-R to file, you will have to prepare the 5329 manually .
Download the 5329 form 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 2019 5329 must be attached to your printed and mailed 2019 tax return and cannot be e-filed.
[NOTE: You can only use this method if you are requesting a waver of the penalty and there is no taxable amount on the 5329 form line 55 that must be transferred to the 1040 form]
From 5329 instructions:
Quote:
"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. "
Download blank 2019 5329 form here:
Form: http://www.irs.gov/pub/irs-pdf/f5329.pdf
Instructions: http://www.irs.gov/pub/irs-pdf/i5329.pdf
If you turned 70 1/2 in 2019 then yiu had until Apr. 1, 2020 to take the first RMD so it would not be late.
Otherwise, if taken in 2020, it will be reported on a 2020 1099-R (Note that the CARES act suspended the 2020 RMD, but not the 2019 RMD).
You will need to file a 5329 form and request a waiver of the penalty. (The waiver would only be denied if there is no reasonable explanation and the missed RMD was not taken at all.)
Unfortunately this can only be done using the "forms" mode that is only available with the desktop software if you do not have a 1099-R to file.
If you do have a 2019 1099-R to report then the RMD question in the interview will go to the form 5329 waiver interview if you say that the 2019 RMD was not taken.
If you are using the CD/download version:
Enter the forms mode and click on open form. Type in 5329. Choose 5329-T for the taxpayer (first person listed on your tax return), or 5329-S (for spouse - 2nd person on tax return).
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).
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.
OR - if using the Online version and have no 2019 1099-R to file, you will have to prepare the 5329 manually .
Download the 5329 form 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 2019 5329 must be attached to your printed and mailed 2019 tax return and cannot be e-filed.
[NOTE: You can only use this method if you are requesting a waver of the penalty and there is no taxable amount on the 5329 form line 55 that must be transferred to the 1040 form]
From 5329 instructions:
Quote:
"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. "
Download blank 2019 5329 form here:
Form: http://www.irs.gov/pub/irs-pdf/f5329.pdf
Instructions: http://www.irs.gov/pub/irs-pdf/i5329.pdf
I'm sorry that I'm still confused--I'm helping my elderly parents with their tax return. They didn't take their 2021 RMD until 2022 (as soon as I realized it, I had them take it out). Both the 2021 and 2022 RMD are in their 2022 1099-R. Do they just file the Form 5329 with their 2022 tax return? Thank you.
No, if your parents took their RMD for 2022 then they won't have to file Form 5329 for the penalty.
Both the 2021 and 2022 RMD will be included on their 2022 tax return.
They should have filed Form 5329 with their 2021 return.
Thanks so much for your quick reply. Does that mean they need to amend their 2021 tax return to include this? Or is it filed stand alone? Thank you.
If they filed a 2021 tax return then you will have to amend the 2021 tax return. Please see How do I amend my federal tax return for a prior year?
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.
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:
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 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.
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