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Roth IRA - accidentally withdrew as distribution instead of overage correction

Hello! I contributed to a Roth IRA last year, but then found out when doing my taxes this year that my income was higher than the max to contribute to a Roth. I withdrew the funds I had contributed to the Roth when I saw that, and filed my taxes as not having contributed.

 

Then when I talked to my financial institution about it they said that the withdrawal I had made counted as an early distribution and would be subject to a 10% tax, which they'd send me a form for at the end of this year to file in 2024. I hadn't been eligible to contribute in the first place, and I didn't want a distribution, just wanted to reverse the whole thing. The funds were of course, after tax, but now I'm being taxed on them again as an early distribution.

 

I talked to the FI and they said they can't retroactively mark the transaction as not early distribution, but that I might be able to submit a form of some sort to the IRS to clarify the situation so that I don't get the 10% extra tax on already after-tax contributions.

 

Is there a way for me to solve this problem so I don't have to pay the 10% early distribution tax?

 

Thank you!

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4 Replies
DianeW777
Expert Alumni

Roth IRA - accidentally withdrew as distribution instead of overage correction

Yes, when you file your 2024 tax return you will file Form 5329 requesting a waiver of the penalty. Any earnings will be taxable income.

 

Your Roth IRA withdrawals may be taxable if: you've not met the 5-year rule for opening the Roth and you are under age 59 1/2:

You will pay income taxes and a 10% penalty on earnings that you withdraw. The 10% penalty may be waived if you meet one of the eight exceptions to the early withdrawal penalty tax.

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Roth IRA - accidentally withdrew as distribution instead of overage correction

The link to the instructions for the form isn't working. Could you send the link with the list of 8 exceptions? Thank you!

RobertB4444
Expert Alumni

Roth IRA - accidentally withdrew as distribution instead of overage correction

Try this link.

 

Exceptions to the Additional Tax on Early Distributions 

 

01 Qualified retirement plan distributions (doesn’t apply to IRAs) you received after separation from service when the separation from service occurs in or after the year you reach age 55 (age 50 for qualified public safety employees and private sector firefighters) or 25 years of service under the plan, whichever is earlier. For this purpose, the term “qualified public safety employee” includes a state or local government corrections officer or forensic security employee providing for the care, custody, and control of forensic patients. 

 

02 Distributions made as part of a series of substantially equal periodic payments (made at least annually) for your life (or life expectancy) or the joint lives (or joint life expectancies) of you and your designated beneficiary (if from an employer plan, payments must begin after separation from service). Distributions received as periodic payments on or after December 29, 2022, will not fail to be treated as substantially equal merely because they are received as an annuity. And, these distributions received as periodic payments will be deemed to be substantially equal if they are payable over a period that satisfies the section 401(a) (9) requirements relating to annuity payments. For more information see Pub. 590-B. 

 

03 Distributions due to total and permanent disability. You are considered disabled if you can furnish proof that you can’t do any substantial gainful activity because of your physical or mental condition. A medical determination that your condition can be expected to result in death or to be of long, continued, and indefinite duration must be made. 

 

04 Distributions due to death (doesn’t apply to modified endowment contracts). 

 

05 Qualified retirement plan distributions up to the amount you paid for unreimbursed medical expenses during the year minus 7.5% of your adjusted gross income (AGI) for the year. 

 

06 Qualified retirement plan distributions made to an alternate payee under a qualified domestic relations order (doesn’t apply to IRAs). 

 

07 IRA distributions made to certain unemployed individuals for health insurance premiums. 

 

08 IRA distributions made for qualified higher education expenses. 

 

09 IRA distributions made for the purchase of a first home, up to $10,000. 

 

10 Qualified retirement plan distributions made due to an IRS levy. 

 

11 Qualified distributions to reservists while serving on active duty for at least 180 days. 

 

12 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. 

 

13 Distributions from a section 457 plan, which aren’t from a rollover from a qualified retirement plan. 

 

14 Distributions from a plan maintained by an employer if: 1. You separated from service by March 1, 1986; 2. As of March 1, 1986, your entire interest was in pay status under a written election that provides a specific schedule for the distribution of your entire interest; and 3. The distribution is actually being made under the written election. 

 

15 Distributions that are dividends paid with respect to stock described in section 404(k). 

 

16 Distributions from annuity contracts to the extent that the distributions are allocable to the investment in the contract before August 14, 1982. For additional exceptions that apply to annuities, see Tax on Early Distributions under Special Additional Taxes in Pub. 575. 

 

17 Distributions that are phased retirement annuity payments made to federal employees. See Pub. 721 for more information on the phased retirement program. 

 

18 Permissible withdrawals under section 414(w). 

 

19 Qualified birth or adoption distributions. Attach a statement that provides the name, age, and TIN of the child or eligible adoptee. 

 

20 Distributions due to terminal illness. Distributions that are made on or after the date on which your physician has certified that you have a terminal illness or physical condition that can reasonably be expected to result in death in 84 months or less after the date of the certification. See Notice 2024-02, available at IRS.gov/pub/irs-drop/ n-24-02.pdf, for more information. 

 

21 Corrective distributions of the income on excess contributions distributed before the due date of the tax return (including extensions). 99 Enter this exception number if more than one exception applies.

 

@egavrilova 

 

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Roth IRA - accidentally withdrew as distribution instead of overage correction

I'm not sure if all FI do the same thing but I did the same as you. My FI actually had a form I filled out electronically and they calculated the growth on what I withdrew and then I was able to put the principle back into the IRA, I will be taxed normally on the growth which I couldn't put back.

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