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Debra Bai

Do I Need to Fill Out Form 5329 for Non-Taxable Roth IRA Distribution?

Hey tax people, I'm dealing with something I'm not sure about. I took money out of my Roth IRA last month, and I've done all the research and I'm pretty confident that this withdrawal is non-taxable (I'm over 59.5 and the account is more than 5 years old). But now I'm confused about the paperwork part. Do I still need to fill out Form 5329 to report this distribution even though I know it's not going to be taxed? I got the 1099-R from my investment company showing the distribution, but I'm not clear if I need to do anything special with Form 5329 since it's technically a qualified distribution. Anyone deal with this before? I'm using TurboTax if that helps, and it's not giving me clear guidance. Thanks!

When you have a qualified Roth IRA distribution, you generally don't need to file Form 5329. Form 5329 is primarily used to report and calculate additional taxes on non-qualified distributions from retirement accounts. Since your distribution appears to be qualified (over 59.5 years old and the Roth account is more than 5 years old), you shouldn't have to worry about Form 5329. You'll still need to report the distribution on your tax return using the information from your 1099-R, but there won't be any additional tax to calculate on Form 5329. When you enter the 1099-R in TurboTax, make sure you correctly identify it as a qualified Roth distribution. TurboTax should then handle everything correctly without requiring Form 5329.

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But what if the 1099-R has the wrong code in box 7? Mine has code J but I think it should be Q for qualified distribution. Do I need the 5329 then to explain?

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If your 1099-R shows the wrong distribution code, you don't necessarily need Form 5329 to correct it. When you enter the 1099-R information in TurboTax, you'll have the opportunity to indicate that it's a qualified distribution regardless of the code on the form. TurboTax will ask you questions about your age and how long you've had the Roth IRA to determine if your distribution qualifies. If it determines your distribution is qualified, it will handle the reporting correctly without requiring Form 5329.

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I was in a similar situation last year and found myself going in circles with my taxes. I eventually discovered taxr.ai (https://taxr.ai) which really helped me figure out my Roth IRA distribution issues. The system analyzed my 1099-R and confirmed I didn't need Form 5329 for a qualified distribution, even though my brokerage had used a weird code on the form. Their document analysis tool picked up on details I completely missed and explained exactly how to handle the reporting. It saved me hours of research and worry about doing something wrong.

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Does it work with other retirement account distributions too? I have both Roth and traditional IRAs and I'm planning to take distributions from both next year.

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Sounds interesting but how accurate is it really? I've used tax software that misses things. Can it actually interpret the tax codes correctly for complicated situations?

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Yes, it handles all types of retirement accounts including both traditional and Roth IRAs, 401(k)s, and other qualified plans. It's particularly helpful when you're dealing with multiple types of distributions in the same tax year. As for accuracy, I was skeptical too at first. What impressed me was that it doesn't just give generic advice but actually looks at your specific documents. It caught a mistake in how my brokerage coded my distribution that even my tax software initially missed. It references the actual IRS tax code sections that apply to your situation.

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Just wanted to update on my experience with taxr.ai - I decided to try it with my complicated retirement situation (early withdrawal from one account, normal distribution from another). It not only confirmed I needed Form 5329 for the early withdrawal but not for the qualified distribution, but also showed me exactly which exception codes applied to my situation. Really cleared up the confusion I had about Form 5329 vs Form 8606 reporting requirements. Worth checking out if you're uncertain about retirement distribution reporting.

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Have you tried calling the IRS directly to get a definitive answer? I spent 3 weeks trying to get through to someone about a similar Roth IRA form question. After dozens of attempts, I found Claimyr (https://claimyr.com) and watched their demo video (https://youtu.be/_kiP6q8DX5c). They got me connected to an IRS agent in about 20 minutes! The agent confirmed that qualified Roth distributions don't need Form 5329, just proper reporting of the 1099-R. She also explained exactly how the 5-year rule works for determining qualified status, which was super helpful for my situation.

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How does this actually work? Do they just call for you or what? I've literally never gotten through to a real person at the IRS.

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Yeah right. Nobody gets through to the IRS these days. I've tried calling multiple times for weeks about my Form 5329 questions and always get the "high call volume" message. Not buying that any service could actually get through.

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They don't call for you - they use technology to navigate the IRS phone system and secure your place in line. When they get close to an agent, they call you and then connect you directly to the IRS. It's basically like having someone wait on hold for you. The system actually calls you when it's your turn to talk to an agent. I was super skeptical too, but it worked exactly as advertised. I didn't have to sit on hold for hours - I just went about my day until I got the call that an agent was ready to talk.

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I owe everyone an apology - especially about my comment on Claimyr. After posting my skeptical reply, I was still desperate for answers about my Form 5329 situation, so I tried it anyway. To my complete shock, I was talking to an actual IRS representative within 15 minutes! The agent confirmed I didn't need Form 5329 for my qualified Roth distribution and explained exactly how to handle the reporting with the incorrect distribution code on my 1099-R. Saved me hours of research and worry about potential penalties. I've been telling everyone about this service since then.

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Here's a quick cheat sheet for Form 5329 and Roth distributions that might help: 1. Qualified Roth distribution (over 59½ + 5-year rule met) = No Form 5329 needed 2. Early distribution with exception (education, first-time home buyer, etc.) = Form 5329 needed to claim exception 3. Early distribution with no exception = Form 5329 needed to calculate 10% penalty 4. Contribution issues (excess contributions) = Different part of Form 5329 Hope this helps!

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What about if you're taking substantially equal periodic payments (SEPP/72t distributions)? Do those require Form 5329 even though they're exempt from the penalty?

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For 72t/SEPP distributions, you do need to file Form 5329 even though you're exempt from the 10% penalty. You'll report the early distribution on Form 5329 and enter exception code "02" to show you're taking substantially equal periodic payments. This is important documentation to maintain for the IRS because if you break the SEPP plan before the required timeframe (generally 5 years or until age 59½, whichever is longer), you could face retroactive penalties on all previous distributions.

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Don't forget that you might need Form 8606 even if you don't need Form 5329! Form 8606 is used to track the basis in your Roth IRA and to determine how much of a distribution is taxable if it's not fully qualified.

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I always get confused between these forms! Which one do I use if I'm taking out contributions early but not earnings?

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Great point about Form 8606! For Roth IRAs, you generally don't need Form 8606 since Roth contributions are made with after-tax dollars. Form 8606 is mainly for traditional IRAs with non-deductible contributions. @Oscar O'Neil - If you're withdrawing Roth contributions early (but not earnings), you typically don't need either Form 5329 or 8606. Roth contributions can be withdrawn anytime without taxes or penalties since you already paid tax on that money. You only run into issues if you withdraw earnings before meeting the qualified distribution requirements. The key is making sure your brokerage properly tracks what portion of your distribution is contributions versus earnings on your 1099-R.

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