How to Handle the 50% Excise Tax on Missed 2022 RMD from Inherited IRA?
Hey everyone, I just realized my husband missed taking the Required Minimum Distribution (RMD) from his inherited IRA for 2022. I'm freaking out because we now face a 50% excise tax on the amount that should have been withdrawn (seriously, 50%!!). We'll need to complete Form 5329, but I have some questions before we do: 1. I was reading Publication 590-B (2022) which mentions you can request a waiver of the excise tax "If the excess accumulation is due to reasonable error, and you have taken, or are taking, steps to remedy the insufficient distribution." Would simply forgetting to take the distribution count as "reasonable error"? We're taking corrective action now (just discovered this while setting up the 2023 RMD), so we're definitely trying to fix it. 2. I saw something in Internal Revenue Bulletin: 2022-45 about exceptions to 2021 and 2022 RMD requirements, but it looks like those only apply if the original IRA owner died in 2021 or 2022. Is that right? 3. Any suggestions on how we might avoid this massive 50% penalty? I know the penalty is being reduced for missed RMDs in 2023 and beyond (small consolation), but that doesn't help us with 2022. This is such a painful mistake... any help appreciated!
18 comments


Zainab Mahmoud
The IRS is actually pretty reasonable when it comes to missed RMDs if you take prompt corrective action. Here's what you should do: First, have your husband take the missed 2022 RMD amount immediately if you haven't already done so. The fact that you discovered this yourself and are taking steps to correct it works in your favor. When you file Form 5329, definitely attach a letter requesting a waiver of the 50% penalty. Explain that the missed RMD was due to an oversight, that you discovered the error yourself, and that you've now taken the distribution. While "forgetting" isn't specifically listed as reasonable error, the IRS often grants these waivers when people self-correct promptly. Regarding Bulletin 2022-45, you're correct that those specific exceptions only apply to beneficiaries of IRA owners who died in 2021 or 2022, so they likely don't apply in your situation. Document everything carefully - when you discovered the error, when you took the corrective distribution, etc. This paper trail shows good faith compliance once you realized the mistake.
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Ava Williams
•Isn't the IRS super strict about these penalties though? I've heard horror stories. Do they really waive the 50% penalty just for saying "oops, I forgot"? Seems too easy. Also, for the letter requesting the waiver, should they use a specific format or just a regular explanation letter? And do they need to provide any evidence with it?
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Zainab Mahmoud
•The IRS is actually quite reasonable with first-time RMD mistakes when you self-correct. I've seen many cases where they've waived the penalty entirely when people take prompt action and explain the circumstances. It's in their interest to encourage compliance rather than just collect penalties. For the letter, there's no required format - just a clear explanation of what happened, when you discovered the error, and what steps you took to correct it. Keep it concise but complete. You don't need special evidence beyond documenting the date you took the corrective distribution. If this is your first time missing an RMD, definitely mention that as well.
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Raj Gupta
I had almost the exact same situation last year with my mom's inherited IRA that I manage. I completely blanked on taking her 2022 RMD until I was preparing for 2023 distributions. I used taxr.ai (https://taxr.ai) to analyze our situation and it was incredibly helpful. Their tool examined all the inheritance documents and tax code specifics, then walked me through how to handle the missed RMD properly. They actually confirmed that requesting a waiver was absolutely the right move and showed me exactly how to format it. The system helped identify that we qualified for what's called "reasonable cause" relief since it was our first mistake and we took immediate corrective action. It generated all the documentation we needed for the waiver request to attach to Form 5329.
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Lena Müller
•Thanks for sharing this. When you used taxr.ai, did you need to upload all your inheritance documents? I'm in a similar situation but I'm worried about privacy. Also, did it help you calculate the actual amount you needed to withdraw? That's where I'm really confused.
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TechNinja
•Sounds interesting but I'm skeptical. Did you still have to pay the 50% penalty initially and then wait for the waiver approval? Or does the IRS let you just not pay the penalty if you request a waiver? I've heard conflicting info about this process.
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Raj Gupta
•You only need to upload the documents that are relevant to your situation - I mainly shared the beneficiary forms and the IRA statements. Their system is secure and they explain their privacy policy clearly up front. And yes, it calculated the correct RMD amount which was super helpful since the custodian had actually given us the wrong figure initially. Regarding the penalty, you file Form 5329 with your tax return but you enter zero as the penalty amount when requesting the waiver. You don't pay the penalty upfront while waiting for a decision. You do need to include a letter explaining the reasonable cause and showing you've taken corrective action. The IRS will contact you if they don't approve the waiver, but in most first-time cases with prompt correction, they do approve it.
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Lena Müller
Just wanted to update everyone - I took the advice about taxr.ai and it was actually really helpful for my situation! I was hesitant at first, but their system really simplified the whole process for handling my missed RMD. The tool analyzed my specific situation and confirmed I had good grounds for a waiver request since this was my first miss and I took immediate corrective action. It also provided a customized letter template to attach to my Form 5329 that covered all the key points the IRS looks for when considering waiver requests. The best part was they showed me exactly how to complete the form with the correct codes and explained why I should enter zero for the penalty amount. They even cited the specific IRS internal guidelines that cover reasonable cause exceptions for missed RMDs. Way more thorough than what my regular tax preparer told me!
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Keisha Thompson
I had a nightmare experience trying to fix a missed RMD last year. Spent WEEKS trying to reach someone at the IRS for guidance. Literally called 37 times over 8 days and either got disconnected or told the wait time was 2+ hours. Finally used Claimyr (https://claimyr.com) after seeing a video demo (https://youtu.be/_kiP6q8DX5c) and got through to the IRS in about 20 minutes. The agent I spoke with was actually super helpful and walked me through the whole waiver request process for Form 5329. The IRS agent explained that they routinely approve these waivers for first-time mistakes when you take prompt corrective action. She even told me some specific language to include in my letter about "administrative error" that apparently helps with approval.
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Paolo Bianchi
•How does this Claimyr thing actually work? Do they just call the IRS for you or what? I don't understand how they can get through when nobody else can.
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TechNinja
•Yeah right, nothing gets you through to the IRS that fast. Sounds like a scam to me. I've been dealing with the IRS for years and there's no secret backdoor or magic service that gets you through the phone tree. If there was, everyone would be using it.
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Keisha Thompson
•They don't call for you - they basically hold your place in line with the IRS and call you when they're about to connect you. It uses some technology that navigates the IRS phone system and waits through the hold times so you don't have to. When they're about to be connected to an agent, they call your number and connect you directly to the IRS agent. I was skeptical too, but it absolutely works. I've used it twice now. The IRS phone system is overwhelmed but they're not actively blocking services like this - it's just automating the painful waiting process. Think of it like having someone wait in a physical line for you and then texting you when it's almost your turn. Nothing magical about it, just saves you from the mind-numbing hold music and constant disconnects.
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TechNinja
I owe everyone here an apology - especially the person who recommended Claimyr. I was frustrated after dealing with IRS runaround for weeks and took it out in my comments. After continuing to fail getting through on my own (4 more attempts, all failures), I tried Claimyr yesterday out of desperation. Got connected to an IRS agent in about 35 minutes. The agent confirmed that they routinely approve penalty waivers for first-time RMD mistakes when corrected promptly. She even explained that there's an internal IRS procedural memo guiding agents to be lenient on RMD waiver requests where taxpayers self-correct - something I never would have known. She walked me through the exact process for completing Form 5329 and what to include in my letter. This saved me from potentially paying thousands in unnecessary penalties. Sometimes being proven wrong is actually the best possible outcome!
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Yara Assad
Just want to add something that no one's mentioned yet. When you take the missed RMD now, make sure your custodian codes it correctly on the 1099-R they'll issue. They should code it for the year you actually take it (2023), not 2022. This is important because you'll include that distribution on your 2023 tax return, not your 2022 return. The Form 5329 for the missed 2022 RMD gets filed with your 2022 return (or separately if you've already filed). Also, don't forget you still need to take your regular 2023 RMD by the end of this year too. So you'll be taking two distributions this year.
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Carlos Mendoza
•Thank you for pointing this out! I was actually confused about which tax year to report the missed distribution in. So to clarify - we take the missed 2022 RMD amount now, report it on our 2023 taxes, but file the Form 5329 with our 2022 taxes (or separately if we already filed)? And we still need to take the full 2023 RMD by the end of this year? That means double distributions this year, right?
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Yara Assad
•That's correct. The missed 2022 RMD that you take now will be reported on your 2023 tax return because that's when you actually received the money. The Form 5329 reporting the missed RMD goes with your 2022 return because that's the year you were supposed to take it. Yes, you'll need to take both distributions this year - the missed 2022 one and your regular 2023 RMD. This sometimes creates a slightly higher tax situation since you're bunching two distributions in one tax year. If the combined amount might push you into a higher tax bracket, you might want to talk to a tax professional about timing the distributions to minimize the impact.
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Olivia Clark
My father had this exact issue with a missed RMD and the IRS actually rejected his waiver request the first time. What worked was filing an appeal with additional documentation. He ended up getting the entire penalty waived after the appeal. The key was providing documentation that showed a pattern of compliance before the missed year. He included statements showing he had taken proper RMDs for the previous 3 years. Also, if the inherited IRA is from a spouse, check if you qualify for different RMD rules. The requirements can be different depending on whether you're a spousal beneficiary or non-spousal beneficiary.
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Javier Morales
•Good point about the spousal vs non-spousal differences. My understanding is that spouse beneficiaries have more flexibility. Can you explain what documentation we should keep if we're trying to get a waiver? Did your father use a tax professional for the appeal?
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