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How to fill out Form 5329 for excess Roth IRA contribution and when to pay penalties?

I'm really confused about what I need to do with my Roth IRA contributions and could use some help. My situation is pretty straightforward except for this one issue, so I'm trying to avoid paying someone a ton of money for tax prep. My husband and I each put $6,000 into Roth IRAs for 2023 and $6,500 for 2024. We just realized while doing our taxes that our income was too high for both years, so we've already recharacterized the 2024 contributions and moved the 2023 ones. As of a few days ago, we officially withdrew the excess earnings. According to our broker at Fidelity, with the recent market downturn, our total excess earnings for both of us from the 2023 contributions came to about $850. I'm using TaxAct because our tax situation is usually pretty simple. I found where to report the excess contribution, and it looks like the 6% penalty comes out to around $60 total. The software is showing this on the 2024 Form 5329 along with our other 2024 tax documents (I haven't submitted yet). But from what I've read online, I think I'm supposed to complete a 2023 Form 5329 with this information, not a 2024 form. So should I go ahead with what the software is showing me with this on the 2024 Form 5329, or do I need to separately fill out and mail a 2023 Form 5329? Also, I'm assuming next year I'll receive a 1099-R for the 2023 Roth where I'll need to pay the 10% early withdrawal penalty on the excess earnings, and I don't need to pay that now? Really confused about the timing of all this!

CosmicCadet

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This is a really helpful thread! I'm dealing with a similar situation but with a twist - I made excess contributions to both traditional AND Roth IRAs for 2023. Do I need to file separate Form 5329s for each type of account, or can I report both on the same form? Also, I'm seeing conflicting information about whether I can recharacterize the traditional IRA excess contribution to a Roth IRA to avoid the penalty, or if that would just create another excess contribution issue since my income was too high for direct Roth contributions anyway. Has anyone dealt with this double excess contribution scenario before? My tax software (H&R Block) is giving me error messages when I try to enter both types of excess contributions, so I'm wondering if I need to handle this manually or switch to different software.

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You can report both traditional and Roth IRA excess contributions on the same Form 5329 - there are separate sections for each type of account. Part IV is for excess contributions to traditional IRAs, and Part V is for excess contributions to Roth IRAs. Regarding recharacterization, you're right to be cautious. Since your income was too high for direct Roth contributions, recharacterizing your traditional IRA excess to a Roth would indeed create another excess contribution problem. You'd essentially be moving the excess from one bucket to another rather than solving it. Your best bet is probably to withdraw the excess contributions plus earnings from both accounts before the filing deadline. This would eliminate the 6% penalty for both. The earnings from the traditional IRA withdrawal would be subject to income tax and the 10% early withdrawal penalty, while the Roth earnings would only be subject to the 10% penalty (since Roth contributions are made with after-tax dollars). If H&R Block is giving you errors, you might need to enter them separately or consider switching to software that handles multiple excess contributions better. Some people have had success with the tax tools mentioned earlier in this thread for complex IRA situations.

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Sarah Jones

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This thread has been incredibly helpful! I'm dealing with a similar situation but wanted to clarify something about the timing. You mentioned withdrawing the excess contributions "as of a few days ago" - the key deadline here is the tax filing deadline for the year the contribution was made (including extensions). For 2023 contributions, that deadline was October 15, 2024 (with extension). If you withdrew after this date, you'll still owe the 6% penalty for 2023 even though you removed the excess. The penalty applies because the excess was still in the account on December 31, 2023. Regarding TaxAct showing this on your 2024 Form 5329 - that's incorrect. You need the 2023 Form 5329 to report excess contributions made for tax year 2023. Most tax software struggles with this cross-year reporting. You may need to manually prepare and mail the 2023 Form 5329 separately from your main return. And yes, you're correct about the timing for the earnings tax - you'll report that on your 2024 return next year when you receive the 1099-R from Fidelity. The 10% early withdrawal penalty will apply to just the earnings portion, not the original contribution amount.

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Jason Brewer

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This is really helpful clarification about the timing! I had no idea about the October 15th deadline with extensions. So just to make sure I understand correctly - if someone made excess 2023 contributions and withdrew them in, say, November 2024, they'd still owe the 6% penalty for 2023 because the money was still in the account on December 31, 2023, even though they eventually fixed it? Also, when you say "manually prepare and mail the 2023 Form 5329 separately," do you mean I should get the actual 2023 version of the form from the IRS website and fill it out by hand, or can I still use tax software to generate it as long as I specify it's for 2023? I'm nervous about making calculation errors if I have to do it completely manually.

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Great discussion here! I'm dealing with this exact situation right now. Just started a consulting business and bought a laptop that I use for both work and personal stuff. From what I'm gathering, it sounds like the key is being reasonable and having some basic documentation to back up whatever percentage you claim. I think I'll go with the simple tracking method @QuantumQuasar mentioned - just documenting a typical week to establish my usage pattern. One thing I'm still wondering about - if I upgrade my laptop mid-year, can I deduct the business portion of both laptops? Or does that look suspicious since most people don't need two laptops for business?

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@Anastasia Sokolov That s'a great question about upgrading mid-year! You can potentially deduct the business portion of both laptops, but you ll'need to show legitimate business reasons for the upgrade. For example, if your old laptop broke, became insufficient for your work needs, or you needed different capabilities for your consulting business. The IRS isn t'automatically suspicious of equipment upgrades if they make business sense. Just document why you needed the upgrade - maybe your consulting expanded into areas requiring more processing power, or the old laptop became unreliable. Keep receipts for both and be clear about the business justification. What might look questionable is claiming 100% business use on both laptops simultaneously, since that suggests you re'using two laptops full-time for work. But if you can show the old one was replaced or repurposed maybe (one became a backup or is used for different business functions ,)that s'perfectly reasonable. The key is having a legitimate business reason and being able to explain it clearly if asked.

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Nia Davis

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I've been following this thread closely since I'm in a similar situation with my new consulting business. Based on everyone's advice, I started keeping a simple usage log and it's actually been really eye-opening. What I discovered is that my actual business usage was lower than I initially thought - around 55% instead of the 70% I was planning to claim. I'm glad I tracked it before filing because claiming an inflated percentage would have made me nervous about potential audits. One tip I'd add: consider your personal usage patterns realistically. I initially forgot to account for weekend personal browsing, streaming, and online shopping. When I factored in ALL my usage over a full week, the business percentage dropped significantly. The peace of mind from having actual data to back up my claim is worth the small effort of tracking for a few weeks. Thanks everyone for the great advice - this community has been incredibly helpful for a new business owner!

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@Nia Davis This is such a valuable point about being realistic with your estimates! I think a lot of people myself (included tend) to overestimate business usage when they re'first thinking about it. Your experience of actually tracking and discovering it was 55% instead of 70% is probably pretty common. I m'definitely going to do the same tracking exercise before I file. Better to be conservative and accurate than optimistic and potentially wrong. Plus like you said, having real data makes you feel so much more confident about your deduction. Did you track for just one week or did you do it over multiple weeks to account for variations in your work schedule? I m'wondering if I should track during both busy and slow periods to get a more accurate average.

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Just wanted to add my experience as someone who went through this exact same situation two years ago. The stress you're feeling is totally understandable - that 1099-S form can be really intimidating when you see the full sale price listed! The good news is that since you lived in the house as your primary residence for over 2 years (you mentioned 7 years), you almost certainly qualify for the capital gains exclusion. With your gain around $85K, you're well under the $250K limit for single filers. One thing that really helped me was organizing all my documents beforehand. Make sure you have: - Your original purchase contract/closing statement - Records of any major improvements (new roof, kitchen renovation, etc.) - Your recent sale closing statement - The 1099-S form When I used the VITA program, I created a simple one-page summary showing: "Purchase price: $X, Sale price: $Y, Major improvements: $Z, Estimated gain: $A (under exclusion limit)." The volunteer preparer really appreciated having everything laid out clearly. Don't worry about the mortgage payoff amount shown on the 1099-S - that's totally normal and expected. The tax preparer will use your closing statement to calculate your actual proceeds and basis correctly. You're going to be fine!

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This is exactly the kind of reassurance I needed to hear! I've been losing sleep over this 1099-S form, but reading everyone's experiences here has really helped calm my nerves. Your suggestion about creating a one-page summary is brilliant - I'm definitely going to do that before my appointment. I do have all my closing documents and most of my improvement records (we did a bathroom renovation and replaced the HVAC system), so I think I'm in good shape documentation-wise. It's just such a relief to know that other people have gone through this same situation and it worked out fine. Thanks for taking the time to share your experience - it means a lot to know I'm not the only one who was stressed about this!

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StarSailor}

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I completely understand your stress about the 1099-S - I had the exact same panic when I sold my condo last year! The form showing the full gross proceeds is standard and doesn't mean you'll be taxed on that entire amount. Since you've lived there as your primary residence for 7 years and your actual gain is around $85K, you're definitely eligible for the capital gains exclusion (up to $250K for single filers, $500K for married filing jointly). The key is making sure your tax preparer understands this. Here's what I'd recommend for your VITA appointment: 1. Bring your original purchase closing statement to establish your cost basis 2. Include documentation of any major home improvements you made (these increase your basis and reduce taxable gain) 3. Your recent sale closing statement showing the mortgage payoff 4. Write a brief note explaining: "Primary residence for 7+ years, eligible for capital gains exclusion, actual gain approximately $85K" The volunteer preparers are trained to handle home sales, but that summary note will help ensure nothing gets missed. You're well under the exclusion threshold, so you shouldn't owe any tax on the sale. The 1099-S is just the IRS's way of tracking the transaction - your actual tax liability will be calculated correctly on Forms 8949 and Schedule D. You're going to be fine! This is a very common situation and the tax code is designed to protect homeowners in exactly your circumstances.

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Maya Jackson

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This is such helpful advice! I'm actually in a similar situation right now - just sold my home after living there for 5 years and got that scary-looking 1099-S form. Your suggestion about writing a summary note is genius - I never would have thought to do that but it makes total sense to help the tax preparer understand the situation quickly. One question though - when you mention documenting major home improvements, do things like painting, new appliances, or landscaping count? Or are we talking about bigger renovations like what @59c2da189aa0 mentioned with bathroom and HVAC work? I want to make sure I'm including the right things in my basis calculation. Thanks for sharing your experience - it's really reassuring to hear from people who've been through this successfully!

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Has anyone actually gotten FreeTaxUSA to correctly calculate the tax credit for income tax withheld on 1042-S? I tried reporting it as suggested here but my refund calculation seems off.

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Natalie Chen

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Make sure you're entering the withholding in the Federal Payments section specifically as "Other Federal Withholding" rather than with your W-2 withholding. I made that mistake last year and had to file an amendment because FreeTaxUSA didn't apply the credit properly.

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Emma Taylor

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I went through this exact same situation two years ago! As a tax resident filing jointly, FreeTaxUSA definitely works for 1042-S reporting, but you need to be careful about a few things that haven't been mentioned yet. First, double-check that your 1042-S shows the correct tax treaty benefits applied (if any). Sometimes universities mess this up even for tax residents. If you see treaty benefits applied when you shouldn't have them as a resident, you'll need to contact your university's payroll office to get a corrected 1042-S. Second, when entering the fellowship income as "Other Income" on Schedule 1 Line 8z as Chloe mentioned, make sure to also check if any of it qualifies for the American Opportunity Tax Credit or Lifetime Learning Credit. Fellowship money used for qualified education expenses can sometimes still allow you to claim these credits for other educational expenses you paid out of pocket. Also, since you mentioned HSA contributions - fellowship income actually counts as earned income for HSA contribution purposes, which is great news if you're trying to maximize your HSA contributions for the year. The combination of FreeTaxUSA plus getting official IRS guidance through something like Claimyr (as Sophie mentioned) is honestly your best bet for peace of mind on a complex situation like this.

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QuantumQuest

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This is incredibly helpful, especially the point about checking for incorrect treaty benefits on the 1042-S! I never would have thought to verify that. Quick question - when you say fellowship income counts as earned income for HSA purposes, does that apply even if it's reported as "other income" rather than wages? I was worried that since it doesn't go through normal payroll, it might not qualify for HSA contribution calculations.

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Kai Rivera

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Just wanted to add my experience here - I had this exact same issue last year and was totally confused at first. Turns out my employer switched from ADP to Workday mid-year, which caused the split reporting. What helped me was looking at the dates on my last few paystubs to see when the switch happened. The first state line covered January through June, and the second line covered July through December. Once I realized that, it made perfect sense why the amounts were different. Added both box 16 amounts together and both box 17 amounts together in FreeTaxUSA and everything worked perfectly. The state accepted my return with no issues. Don't overthink it - the software is designed to handle the totals, not the individual reporting reasons behind them.

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Ethan Clark

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That's super helpful! I didn't even think to check my paystubs to see if there was a payroll system change. Looking back at mine, I can see exactly when things switched over - that explains why the amounts are split the way they are. Really appreciate you sharing your experience with this. It's reassuring to know that adding the amounts together worked fine for your state return. I was worried about doing something wrong but this gives me confidence to just combine them like everyone's suggesting.

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Chris Elmeda

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This thread has been incredibly helpful! I'm a tax preparer and see this question come up every tax season. You all have given excellent advice - the key takeaway is definitely to add the amounts from both state lines together. One additional tip I'd share: if you're still unsure after combining the amounts, you can verify your total state wages make sense by comparing them to your federal wages in Box 1. Some states exclude certain types of income (like some retirement contributions), so state wages might be slightly lower than federal, but they should generally be close. Also, keep your W-2 handy when you file - some states require you to attach a copy, and if there's any question about the multiple lines, having the original document shows exactly what your employer reported. The bottom line is FreeTaxUSA and other tax software are designed to handle these totals, regardless of how your employer had to split the reporting for their internal systems.

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