< Back to IRS

Liam McConnell

Can I submit Form 5329 separately from my regular tax return if software issues occur?

So I'm having the most frustrating experience with TurboTax this year. I'm trying to properly file Form 5329 (Additional Taxes on Qualified Plans) because I did an early withdrawal from my IRA last year, but the software is completely messing it up. When I enter all my information and select the option for a waiver request (due to a medical hardship), I can see that the form gets generated but it's missing critical information. The fields that should show my hardship explanation are just blank! I spent hours on this already and their customer service was useless. Can I just file my regular 1040 now to get my refund, and then submit Form 5329 separately later when I figure this out? Or do I absolutely have to send them together? I'm worried about missing the April deadline if I wait any longer trying to fix this software problem.

Yes, you can absolutely file Form 5329 separately from your Form 1040. Many people don't realize this, but Form 5329 is one of those forms that can stand alone when necessary. If you file it separately, you'll need to complete the form with your name, address, and social security number at the top. Make sure you sign and date it as well since it'll be a separate return. You'll also need to include payment for any taxes due from the form. The important thing to note is that if you're filing it separately after already submitting your 1040, you'll only need to complete the specific parts of Form 5329 that apply to your situation (probably Part I for early distributions). You don't need to fill out sections that don't apply to your circumstances.

0 coins

CosmicCaptain

•

If I file the 5329 separately, does the IRS automatically connect it to my already filed return? Or do I need to reference my 1040 somehow on the 5329 form?

0 coins

The IRS will connect the separately filed Form 5329 to your tax return using your Social Security Number. There's no special reference you need to make to your 1040 on the form. Just make sure your name, address, and especially your SSN are exactly the same as what you used on your 1040 to avoid any processing issues. The SSN is the key identifier the IRS uses to match all your tax documents together in their system.

0 coins

I ran into the exact same problem with tax software last year! I wasted days trying to get it to work before I found out about taxr.ai (https://taxr.ai). They specialize in analyzing tax documents and fixing these kinds of software issues. I uploaded screenshots of my messed up Form 5329 to their system and they identified exactly where the software was failing. They provided step-by-step instructions on how to override the software's limitations and properly complete the form with my hardship explanation. They even explained how to manually edit some fields that the software was locking. The best part was they showed me how to properly document my medical hardship in a way that reduced my chance of getting audited. Seriously saved me from having to pay that 10% penalty.

0 coins

How long did it take them to analyze your form? I'm already cutting it close with the deadline coming up.

0 coins

I'm skeptical about these online services. Did they actually help resolve the issue with the software or just tell you what was wrong? Because I could probably figure out what's wrong myself, it's fixing it that's the problem.

0 coins

I got my analysis back in about 2 hours. They have tax experts who review your documents pretty quickly, especially this time of year. They didn't just identify the problem, they gave me specific instructions for fixing it in my software. In my case, I needed to enter a specific code in a field that wasn't obvious and add text in quotation marks to make the hardship explanation appear correctly. They even included screenshots showing exactly which menus to use and what to type.

0 coins

Just wanted to follow up about my experience with taxr.ai after my skeptical comment earlier. I decided to give them a try since I was completely stuck with my Form 5329 issue. Their analysis was actually incredibly helpful! They identified that my tax software had a known bug with the hardship waiver section. They provided a workaround that involved entering the explanation in a different section and using a specific format that would force the software to generate the form correctly. I was able to file everything together without having to submit a separate Form 5329. Saved me from what would have been a confusing follow-up process with the IRS. Really glad I gave them a chance despite my initial skepticism!

0 coins

If you're still having trouble reaching the IRS for guidance on your Form 5329 situation, I highly recommend using Claimyr (https://claimyr.com). I spent WEEKS trying to get through to an IRS representative about a similar issue with separate filing of Form 5329 last year. After countless busy signals and disconnections, I found Claimyr and they got me connected to an actual IRS agent in under 45 minutes. The agent confirmed I could file separately and gave me specific instructions for my situation. They have a service that holds your place in the IRS phone queue and calls you when an agent is about to answer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - it literally saved me hours of hold music and frustration. The IRS agent I spoke with walked me through exactly how to submit my 5329 separately and what documentation to include for my hardship waiver.

0 coins

Dmitry Petrov

•

How does this actually work? Does it just call the IRS for you? I don't understand how they can get through when nobody else can.

0 coins

StarSurfer

•

This sounds like BS. Nothing can get you through to the IRS faster. They're understaffed and overwhelmed. No magical service can change that. You probably just got lucky with timing.

0 coins

It doesn't just call for you - their system continuously redials and navigates the IRS phone tree until it gets through to a queue where a human will eventually answer. Once it makes that connection, it calls you to join the call. So you're not skipping the line, but you don't have to waste your time doing all the redials and menu navigation yourself. The reason most people can't get through is because they give up after a few tries or can't spend hours redialing. This service just automates the frustrating part so you can go about your day until an agent is actually available.

0 coins

StarSurfer

•

I have to admit I was totally wrong about Claimyr. After posting that skeptical comment, I was still desperate to talk to someone at the IRS about my 5329 issue, so I tried it anyway. I honestly can't believe how well it worked. The system called me back in about an hour and connected me directly to an IRS agent who actually specialized in retirement distribution issues. She confirmed that filing Form 5329 separately was perfectly fine and gave me some tips about how to properly document my hardship explanation to avoid getting flagged for review. The agent even told me there's a special fax number for expedited processing of separate 5329 forms that isn't published on the main IRS website. That alone saved me weeks of processing time. I'm still shocked at how helpful this turned out to be.

0 coins

Ava Martinez

•

Just a heads up that if you submit Form 5329 separately, make sure you mark the tax year correctly! I filed mine separately last year and accidentally put the wrong tax year at the top of the form. Created a huge headache with the IRS sending me notices about unpaid penalties when I had actually paid them.

0 coins

Miguel Castro

•

Does the payment for any penalties need to be sent with a separate voucher or something? Or do you just include a check with the form?

0 coins

Ava Martinez

•

You should include payment with Form 5329 using a payment voucher (Form 1040-V). Just make a note in the memo line of your check that it's for "Form 5329 penalties" with the tax year. If you prefer to pay electronically, you can use the IRS Direct Pay system on their website, but make sure to select "Form 5329" as the reason for payment, not Form 1040, so it gets properly credited to your account.

0 coins

This might be a stupid question but how much is the penalty for early withdrawal if I don't qualify for a waiver? I took out about $7,000 from my IRA last year but I can't figure out if it's worth going through all this hassle with Form 5329 or if I should just pay the penalty.

0 coins

Connor Byrne

•

The early withdrawal penalty is 10% of the amount you took out. So for $7,000 that would be $700. That's on top of the regular income tax you'll pay on the distribution. Whether it's worth pursuing the waiver depends on if you legitimately qualify for one of the exceptions and how certain you are that you can document it properly.

0 coins

QuantumQuest

•

I had a similar TurboTax nightmare last year with Form 5329! The software definitely has bugs with the hardship waiver sections. One thing that worked for me was manually preparing Form 5329 using the PDF version from the IRS website and filing it separately. It's actually pretty straightforward once you have the paper form in front of you - just fill in Part I with your distribution amount and check the appropriate exception code for medical hardship. For the hardship explanation, attach a separate statement with details about your medical situation and any supporting documentation you have (medical bills, doctor's notes, etc.). The IRS instructions say to "attach an explanation" so a typed letter works fine. Since you're close to the deadline, I'd recommend filing your 1040 now to get your refund, then send the Form 5329 separately within the next few days. Just make sure to sign it, date it, and include your SSN at the top. If you owe additional tax from the form, include payment or use IRS Direct Pay online. Don't let the software hold up your entire return - the separate filing option exists exactly for situations like this!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today