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Why is my Spouse's form 5329 not included in our tax return?

 
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3 Replies
ThomasM125
Expert Alumni

Why is my Spouse's form 5329 not included in our tax return?

That form is primarily associated with premature distributions or excess contributions to retirement plans. Without knowing further details it is hard to comment on. Can you clarify what she may have done to be required to file Form 5329?

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mhj
New Member

Why is my Spouse's form 5329 not included in our tax return?

I have the same problem.  Two 1099-R forms for both primary & spouse for return of excess Roth IRA contributions of $8000 apiece in 2025 (our income ended up exceeding $246,000).  We are both over 65 and have had Roth IRA accounts open for over 5 years.  Annoyingly, Vanguard added code J to line 7 of both our forms.  Their customer support would not issue correction but said to file 5329 forms.  IRS instructions say each of us need a 5329.

 

When leveraging "Extra tax on early retirement withdrawals", web interface defaults to primary filer name, does NOT ask about spouse filer, and only allows "Revisit" to the one NOT adding another.

mhj
New Member

Why is my Spouse's form 5329 not included in our tax return?

Argh.  PICNIC (problem in chair, not in computer):  After re-reviewing the values from the uploaded spouse 1099-R PDF, I discovered that the second line 7 distribution code (J) was not picked up.  After correcting, the spouse "Extra tax on early retirement withdrawals" shows up for data entry.

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