Can I withdraw from Roth IRA without penalty if amount is less than contributions? 1099-R code 1 issue
Hey everyone, I've been putting money into my Roth IRA for about 4-5 years, but back in 2023 I decided to pull everything out. The total I withdrew was actually a bit less than what I had contributed over those years (market wasn't great). Now I just got my 1099-R form in the mail and I'm confused because the distribution is listed under code 1, which apparently means it's subject to a 10% early withdrawal penalty. From what I understand, since I'm only taking out less than I put in, I should be able to withdraw that money without any taxes or penalties, right? Can someone explain why the distribution is showing code 1 if that's the case? Shouldn't it be using a different code? Really appreciate any help with this. I'm trying to get my taxes done early this year and this has me stumped.
18 comments


LongPeri
You're absolutely right in your understanding. Contributions to a Roth IRA can be withdrawn at any time without taxes or penalties - that's one of the main benefits of a Roth IRA. Since you withdrew less than your total contributions, the entire amount should be considered a return of contributions and not subject to any penalties or taxes. The 1099-R form with code 1 is likely an error by your financial institution. Code 1 typically means "Early distribution, no known exception," but in your case, there is a known exception - you're withdrawing contributions, not earnings. The form should probably have code J or Q, which indicates a distribution that's not subject to penalty.
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Freya Collins
•Thank you for confirming! So what should I do now? Do I need to contact my financial institution to get them to correct the form, or can I just report it differently on my tax return?
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LongPeri
•You have two options. You can contact your financial institution and request a corrected 1099-R with the proper distribution code, which is the cleaner approach. Or you can file Form 5329 with your tax return to claim the exception to the penalty. On Form 5329, you would enter the amount shown on your 1099-R, but then enter the same amount as an exception on line 2, resulting in zero penalty. The second approach is actually quite common since many financial institutions automatically use code 1 without analyzing whether your distribution qualifies for an exception. Just be sure to keep good records showing your total contributions over the years exceeded your withdrawal.
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Oscar O'Neil
I ran into this exact same problem last year! The financial companies often don't track your contribution basis, so they just default to code 1 on the 1099-R. I found this amazing tool called taxr.ai (https://taxr.ai) that really helped me sort through this mess. It analyzed my Roth IRA contribution history and generated a detailed report showing all my past contributions, which made it super easy to prove I was only withdrawing contributions. The documentation it created helped me fill out Form 5329 correctly and I avoided the penalty completely. The report even explained exactly why my withdrawal qualified as penalty-free.
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Sara Hellquiem
•Does taxr.ai work directly with the tax filing software, or do you just use their report separately? I'm using TurboTax and wondering if there's a way to integrate it.
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Charlee Coleman
•How does this tool know your contribution history? I'm skeptical about giving access to all my financial info to some random website. Did you have to connect your accounts or something?
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Oscar O'Neil
•The tool doesn't integrate directly with tax software, but it generates a PDF report that you can reference while filling out your forms. It made it super clear which boxes to check and what numbers to enter in TurboTax to properly claim the exception. For your question about contribution history, you don't have to connect any accounts. You can either upload statements you already have or manually enter your contribution dates and amounts. I had my contribution confirmations saved in email, so I just entered those. The tool then organizes everything chronologically and calculates your total contribution basis. It's more about organizing what you already have rather than accessing your accounts.
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Charlee Coleman
I wanted to follow up about my experience with taxr.ai after my skeptical question above. I decided to give it a try since I had a similar Roth IRA issue with withdrawing contributions but getting coded as a taxable distribution. The tool was actually really helpful - I just uploaded my year-end statements and it created this detailed contribution tracking document that made it super clear I was only withdrawing original contributions. When I was filing my taxes, I just referenced their report to fill out Form 5329 correctly. My refund went through without a hitch, no questions from the IRS. I was pleasantly surprised since I was pretty skeptical at first!
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Liv Park
If you're having trouble getting your financial institution to fix the 1099-R, you might want to try Claimyr (https://claimyr.com). I used them last year when I had a similar issue with incorrect coding on my retirement distribution forms. I had been trying to reach the IRS for weeks with no luck. Claimyr got me connected to an actual human at the IRS in about 25 minutes when I'd previously been hanging on hold for hours and getting disconnected. They have this service where they wait on hold for you and then call you when an agent picks up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed exactly what to do with my incorrectly coded 1099-R and explained how to document everything properly so my return wouldn't get flagged.
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Leeann Blackstein
•How does that even work? The IRS phone system is a nightmare - I find it hard to believe any service could actually get through faster than just waiting on hold yourself.
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Ryder Greene
•Sounds too good to be true. I've tried calling the IRS three times this month and couldn't get through. If this actually works, I'd be shocked. Do they guarantee you'll actually talk to someone or do they just take your money either way?
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Liv Park
•It works because they have some kind of system that places multiple calls and monitors which ones are progressing through the queue. When one of their calls gets through, they connect it to you. It's not that they have a special "line" to the IRS, they're just more efficient at navigating the phone system. They only charge if they successfully connect you to an agent. If for some reason they can't get through (which didn't happen in my case), you don't pay anything. They just text you when an agent picks up and then immediately connect you - it saved me literally hours of holding time.
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Ryder Greene
Well, I'm back to eat my words from my skeptical comment above. After struggling for weeks to get through to the IRS about my misreported retirement distribution, I finally tried Claimyr. Within 35 minutes I was talking to an actual IRS representative who walked me through exactly how to handle the Form 5329 exception for my Roth withdrawal. The agent confirmed that I don't need a corrected 1099-R as long as I properly document the exception on Form 5329. She also gave me specific notes to include with my return to prevent any confusion. Honestly, that 35-minute call saved me hours of frustration and potentially prevented a much bigger headache down the road. Never thought I'd be recommending a service like this, but it actually delivered.
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Carmella Fromis
Just wanted to add that you should keep good records of all your Roth IRA contributions over the years. I learned this the hard way! The financial institutions don't track your basis for you, and if you ever get audited, the burden is on you to prove those were contributions coming out, not earnings. I recommend creating a simple spreadsheet with dates, amounts, and which tax year each contribution was for. Keep copies of your account statements showing the contributions too. This makes it super easy if you ever need to withdraw or if there's any question about what portion of your Roth is contributions vs. earnings.
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Freya Collins
•That's really good advice. I think I have most of my contribution records in old emails, but should I also request official documentation from my financial institution to be safe?
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Carmella Fromis
•Absolutely get official documentation if you can. Year-end statements are great because they often summarize annual contributions. Some institutions also provide specific tax forms or contribution confirmations. If they offer any kind of contribution history report, definitely request that. Email confirmations are good supplementary evidence, but official statements directly from the institution carry more weight if there's ever a question. The more documentation you have, the better, especially for older contributions that might be harder to verify years later.
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Theodore Nelson
Has anyone tried just calling the financial institution directly? Sometimes these 1099-R coding issues are just simple mistakes they can fix by issuing a corrected form. My brother had this happen last year with Fidelity and they sent him a corrected 1099-R with the right code within a week.
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AaliyahAli
•I tried that with Vanguard last year and they refused to change the code. They said their policy is to use code 1 for all early distributions and it's up to the taxpayer to claim any exceptions on their tax return. Super annoying but apparently common practice.
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