How can I avoid the 6% Roth IRA excess contribution penalty with no earned income?
I just found out I messed up big time with my Roth IRA. Apparently you need actual earned income to contribute, which I totally didn't know. I put in the full $6,500 for 2023 back in December, but since I had zero earned income for 2023, my entire contribution is considered excess. According to TurboTax, I can avoid the 6% penalty if I withdraw both the excess contribution and any earnings before the tax filing deadline (April 15) or by October 15 if I file an extension. The problem is my broker told me it takes about 10 days to process an excess contribution withdrawal, which means I'll miss the April 15 deadline that's literally 2 days away. Here's what I'm confused about - do I need to file an extension with the IRS just to avoid this penalty even though I don't actually need to file taxes otherwise? Since I had no income, I wouldn't normally need to file a return at all. I'm worried about getting hit with this penalty if I don't handle this correctly. Has anyone dealt with this situation before?
20 comments


Andre Laurent
This is actually a pretty common situation, so don't beat yourself up too much. To directly answer your question - yes, you should file an extension using Form 4868 right away. This will give you until October 15 to remove the excess contribution without penalty. The good news is that filing the extension is super easy and doesn't require you to actually owe any taxes. It's just giving you more time to complete the removal process. You can file it online for free through various services or the IRS website. Even though you don't have income that requires filing a tax return, in this specific situation, you'll want to file an extension and then eventually file a return to document that you've corrected the excess contribution. Without that documentation, the IRS might assume the excess is still there and assess the penalty.
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Carmen Diaz
•Thanks for the quick response! Just to be clear, after filing the extension and completing the withdrawal, will I need to file a tax return for 2023 specifically to show I fixed the excess contribution? I've never had to file when I don't have income, so this is all new to me.
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Andre Laurent
•Yes, in this case you'll want to file a return even with no income. The return documents that you've corrected the excess contribution situation. When you file, you'll need to include Form 5329 (Additional Taxes on Qualified Plans) where you'll report the excess contribution and show that you've withdrawn it within the allowed timeframe. The return serves as your documentation that you've resolved the issue, which prevents the IRS from automatically assessing the 6% penalty. It's a bit of extra paperwork, but it creates a clear record that you've handled everything properly.
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AstroAce
I went through almost this exact situation last year! I totally recommend checking out https://taxr.ai - it saved me so much stress. I uploaded my broker statements and it immediately flagged my excess Roth contribution and walked me through exactly what forms I needed and the timeline for avoiding penalties. The site has a specific tool for analyzing Roth IRA contributions against your earned income and spotting these kinds of issues. It even generated the exact letter I needed to send to my broker for the excess contribution withdrawal and explained how to handle the tax forms afterward.
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Zoe Kyriakidou
•Does it actually help with the processing time with the broker? That seems to be OP's main issue - the 10-day processing time putting them past the deadline. Did it speed things up for you?
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Jamal Brown
•I'm curious how it handles the earnings part. When you withdraw excess contributions, don't you also have to calculate and withdraw any earnings on that contribution? Does the tool help figure that part out?
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AstroAce
•It doesn't change the broker's processing time, but it helps with everything else. The tool generated my extension form right away, which is what OP needs immediately to extend their deadline. Then it calculated the exact amount I needed to withdraw including earnings. For the earnings calculation question, yes! That was actually the most helpful part. It analyzed my statements, calculated the earnings portion that needed to be withdrawn along with the contribution, and made sure I was requesting the right total amount from my broker. This is important because the earnings part is subject to income tax even though the original contribution isn't.
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Jamal Brown
Just wanted to follow up and say I actually tried taxr.ai after asking about it here. It was really helpful! I was in a similar situation with an excess contribution to my SEP IRA and wasn't sure how to handle the earnings calculation part. The site guided me through filing my extension which was super easy, then helped me figure out exactly how much the earnings portion was on my excess contribution. It even flagged that I had made the contribution in December which affects the earnings calculation. My broker just confirmed the withdrawal is processing now and I have until October to complete everything with no penalty. Such a relief!
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Mei Zhang
If you're really struggling to get through to the IRS to confirm what you need to do, I'd recommend trying https://claimyr.com. I had a similar Roth issue that I needed to discuss directly with an IRS agent, but kept getting the "call back later" message for weeks. Claimyr got me through to a real person at the IRS in about 15 minutes when I had been trying unsuccessfully for days. They have a video showing how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the phone system for you and call you when they have an agent on the line. The IRS agent confirmed exactly what I needed to do to avoid penalties and told me some specific codes to use on Form 5329. Definitely worth it for the peace of mind knowing I was handling everything correctly.
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Liam McConnell
•Wait, how does this actually work? I don't understand how a third party service can get through when the IRS lines are jammed. Seems fishy to me.
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Amara Oluwaseyi
•I tried calling the IRS last week about my excess IRA contribution and was on hold for 2+ hours before getting disconnected. You're telling me this service can actually get through? Sounds too good to be true. What's the catch?
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Mei Zhang
•It works by using their system that continuously redials and navigates the IRS phone tree for you. When they finally get through to a human agent, they connect that call to your phone. So you're not giving them any of your tax information - they're just doing the frustrating hold/redial process for you. The reason it works is because they have an automated system doing the redialing constantly with optimal timing, whereas most of us give up after a few tries. They basically just handle the frustrating part of waiting on hold and navigating all the prompts.
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Amara Oluwaseyi
I was super skeptical about Claimyr when I posted here, but I was desperate enough to try it yesterday. I'm shocked to report it actually worked! Got connected to an IRS agent in about 20 minutes when I'd been trying for days. The agent walked me through the exact process for handling my excess Roth contribution and filing the extension. They confirmed I should file Form 4868 for the extension ASAP, then file a return with Form 5329 after I complete the withdrawal. They even explained exactly what codes to use on the form to show I'm correcting the excess contribution within the extended period. Definitely worth it when you're dealing with something time-sensitive like this penalty deadline.
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CosmicCaptain
One thing nobody's mentioned yet - when you withdraw the excess contribution, make sure you specifically tell your broker it's an "excess contribution removal" and not just a normal withdrawal. The coding on the transaction matters for tax purposes! Also, check if your broker has a specific form for excess contribution removals. Some do, and using their form might speed up the process a bit. Worth asking if there's any way to expedite given your time constraints.
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Carmen Diaz
•That's super helpful, thanks! Do you know if I need to specify tax year 2023 when requesting the removal? And should I specifically ask for "removal of excess contribution plus associated earnings" or just "excess contribution removal"?
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CosmicCaptain
•You definitely need to specify that it's for tax year 2023. That's critical because the coding will be different on your 1099-R depending on the tax year. Ask specifically for "removal of excess contribution plus associated earnings for tax year 2023." For the earnings part, your broker will calculate that for you based on how the investments performed since the contribution date. That's part of why it takes processing time - they have to determine exactly how much of your current balance is attributable to that excess contribution.
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Giovanni Rossi
Just a quick tip from someone who processes these requests at a financial institution - call your broker immediately rather than submitting online if possible. Explain that you're bumping up against the deadline and ask if there's any way to expedite. Sometimes we can push these through faster when there's a legitimate time crunch like a tax deadline. No guarantees, but it's worth asking! The phone rep might also be able to help you prepare everything correctly so it doesn't get delayed by errors.
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Fatima Al-Maktoum
•This is solid advice. I used to work at Fidelity and we definitely had ways to expedite certain transactions when tax deadlines were involved. Just be super polite about it and explain the situation clearly.
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Pedro Sawyer
I've been through a similar situation and wanted to share what worked for me. First, definitely file that extension (Form 4868) TODAY - you can do it online through the IRS website in about 10 minutes. This buys you until October 15th. Here's what I learned the hard way: even though your broker says 10 days, call them directly and explain you're facing a tax penalty deadline. Many brokers can expedite excess contribution removals when there's a legitimate time crunch. When you call, use the exact phrase "removal of excess contribution plus associated earnings for tax year 2023" - this ensures they code it correctly. Also, don't stress too much about the earnings calculation - your broker handles that automatically based on your account performance since the contribution date. Once you get the extension filed, you'll have plenty of time to complete the withdrawal and file the necessary forms (you'll need Form 5329 with your return to document the correction). The key is getting that extension filed immediately to stop the clock on the penalty deadline!
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Hazel Garcia
•This is really comprehensive advice, thank you! I'm definitely filing the extension today. One quick question - when I call my broker to request expedited processing, should I mention that I've already filed an extension? Will that help show them I'm taking the proper steps to avoid penalties? Also, just to confirm my understanding: after I get the excess contribution + earnings removed and file Form 5329, there should be no penalty at all as long as everything is completed by October 15th, right? I want to make sure I'm not missing any other requirements.
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