Do I need to file a NYS return?

[hchan32]

So I made erroneous Roth IRA contributions in 2020 when I had no earned income, but withdrew all my contributions and earnings in February before the filing due date (April 15, 2021). I have no other tax liability other than the 10% penalty tax on my Roth earnings and will be filing Form 5329 on its own since I don't need to file Form 1040.

Do I also need to file a NY return? The NY tax website says that a resident must file a NY return if they have to file a federal return. I'm not sure if my situation applies or not since I'm only filing Form 5329 on its own.

[ToddL99 · Accepted solution]

Form 5329 is not a federal tax return (Form 1040). If you are not required to file a Form 1040, then you don't need to file a NY tax return.

From the IRS Instructions for Form 5329 (2020):  "If you don’t have to file a 2020 income tax return, complete and file Form 5329 by itself at the time and place you would be required to file Form 1040, 1040-SR, or 1040-NR."

[hchan32]

Thank you!