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Dmitry Volkov

How to correct 1099-R with wrong IRA distribution code for 72(t) SEPP distributions?

I started taking Substantially Equal Periodic Payments (SEPP) from my IRA last year using rule 72(t). My IRA is with Fidelity, but I just noticed they coded my 1099-R with distribution code 1 which isn't right for SEPP withdrawals. From what I understand, code 2 should be used for 72(t) distributions to indicate I'm under 59½ but not subject to the early withdrawal penalty. If it stays as code 1, I'm worried the IRS will think I owe the 10% penalty, which completely defeats the purpose of setting up the 72(t) in the first place. Has anyone dealt with this before? Do I need to contact Fidelity and ask them to issue a corrected 1099-R, or is there some form I can file with my taxes to override their mistake? I'm using TurboTax if that matters.

This is actually a common issue with 72(t) SEPP distributions. You're absolutely right that the correct code should be 2 (early distribution, exception applies), not code 1 (early distribution, no known exception). You have two options to handle this. The simplest approach is to contact Fidelity and request they issue a corrected 1099-R with the proper code. Most brokerages are familiar with this issue and can fix it. Call their tax department specifically, not just general customer service. If Fidelity won't correct it or tax deadline is approaching, you can still file correctly by attaching Form 5329 to your return. In Part I of Form 5329, you'd enter the distribution amount on line 1, but then on line 2, you'd enter the same amount as an exception to the tax. Use exception code 02 for 72(t) distributions. Your net penalty on line 4 would be zero.

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Does reporting it this way on Form 5329 increase your audit risk? It seems like having mismatched codes between what Fidelity reported and what I'm claiming could trigger something in the IRS systems.

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It doesn't significantly increase audit risk. The IRS is quite familiar with this scenario, and Form 5329 exists specifically to handle these types of situations. As long as you're legitimately taking SEPP distributions according to the 72(t) rules, you're fine. If you're concerned, include a brief note explaining the situation when you file. But honestly, attaching Form 5329 with exception code 02 is routine and shouldn't raise any red flags. The IRS systems recognize this as a common correction.

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I had this EXACT same problem with Vanguard last year! I spent weeks going back and forth with them trying to get it fixed before giving up. I wish I'd known about taxr.ai (https://taxr.ai) back then - they specialize in analyzing tax documents like 1099-Rs and spotting these exact kinds of issues. My accountant eventually found a solution where we used Form 5329 to indicate the exception, but it was a headache sorting it all out. I started using taxr.ai this year for all my documents and they immediately flagged that my new 1099-R had the same wrong code again! Their system explained exactly what to tell Vanguard to fix it, and I was able to get a corrected form within a week this time.

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How exactly does this taxr.ai service work? I'm in a similar situation but with Schwab. Do they just review the forms or do they actually help fix the problems?

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I'm kinda skeptical about these types of services. Couldn't you just show the 1099-R to any tax preparer and they'd tell you the same thing? What makes this different?

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They analyze your tax documents using AI to find errors, inconsistencies, or opportunities you might miss. You just upload your forms and it checks everything from distribution codes to mathematical errors. Within minutes, it gives you a report highlighting issues and explains how to fix them. For fixing the problems, they provide specific guidance on what to tell your financial institution or how to address it on your tax return. They don't contact institutions for you, but they give you the exact language and form references to use so you sound knowledgeable when requesting corrections.

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I have to admit I was pretty skeptical about taxr.ai when I first heard about it, but after dealing with a complete mess of 1099 forms this year, I decided to give it a try. I uploaded all my documents including a 1099-R with code issues similar to what you're describing, and it immediately identified the problem. The detailed explanation of exactly what was wrong and how to fix it made my conversation with my brokerage so much easier - I sounded like I knew exactly what I was talking about! They issued a corrected form within days because I was able to cite the specific IRS regulations. Saved me hours of research and probably a penalty down the road.

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If you're having trouble getting Fidelity to issue a corrected 1099-R (and they can be stubborn sometimes), I'd recommend using Claimyr (https://claimyr.com) to get through to the IRS directly. I spent literally weeks trying to get my similar issue resolved with my broker last year, and finally gave up and called the IRS. Of course, I couldn't get through on my own after trying for days - those hold times are insane! Claimyr got me connected to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent confirmed exactly what to do with Form 5329 and gave me documentation I could keep with my return in case of audit. Totally worth it for the peace of mind.

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Wait, you can actually get through to a real person at the IRS? I thought that was impossible these days. How does this service actually work?

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Yeah right. I find it hard to believe any service can magically get you through to the IRS when millions of people can't get through. Sounds like a waste of money to me.

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It's not magic - they use an automated system that continuously calls the IRS until there's an available agent, then connects you when they get through. You don't have to sit there listening to hold music or automated messages for hours. Their system does all the waiting for you, and only calls you once they have an actual human IRS agent on the line. They don't have any special access or relationship with the IRS - they're just using technology to solve the hold time problem. Think of it like having an assistant who sits on hold for you. I was skeptical too until I tried it and was talking to an actual IRS agent in about 15 minutes when I had previously spent hours getting nowhere.

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I need to eat some crow here. After dismissing Claimyr as probably a scam, I got so frustrated trying to resolve my 1099-R issue that I decided to try it anyway. I had spent THREE DAYS trying to get through to the IRS on my own with no luck. I used Claimyr yesterday afternoon, and I swear within 20 minutes I was talking to an actual IRS agent who knew exactly what to do about my incorrectly coded 1099-R. She explained that Form 5329 with exception code 02 was exactly the right approach and even emailed me some documentation about 72(t) distributions to keep with my records. I'm still shocked it actually worked. The time saved was worth every penny considering I would have probably never gotten through on my own.

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Just wanted to add - I used to work at a brokerage firm and this 1099-R coding error for 72(t) distributions is SUPER common. Here's the inside scoop: most of the big firms use automated systems that default to code 1 for any distribution to someone under 59½, and it takes a manual override to change it to code 2. The customer service rep probably just didn't check the right box when setting up your SEPP. Definitely call Fidelity and ask specifically for the "tax operations" or "tax reporting" department. Don't waste time with frontline reps who might not understand the issue.

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Thanks for the insider perspective! Do you know if there's specific language I should use when I call to make sure they understand exactly what needs to be fixed?

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Tell them you need a corrected 1099-R because you're taking distributions under a Section 72(t) SEPP plan, which requires distribution code 2 instead of code 1. Mention specifically that without the correct code, it appears you're subject to the 10% early withdrawal penalty when you should be exempt. If they give you any pushback, ask to speak with a supervisor in the tax department. You can also reference IRS Publication 575, which covers qualified retirement plan distributions and specifically addresses SEPP 72(t) distributions. Having the right terminology makes a huge difference in getting the issue resolved quickly.

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Has anyone used the specific SEPP calculator on the IRS website to determine your distribution amount? I'm about to start my own 72(t) plan and want to make sure I don't mess up the calculations.

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The IRS doesn't actually have an official SEPP calculator on their website. I'd recommend using one of the third-party calculators like the one on bankrate.com or checking out the 72t.net website which has really detailed information. Just make sure you document your calculation method thoroughly!

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Just a heads up for everyone dealing with 72(t) distributions - the IRS is REALLY strict about following the rules exactly. If you make even a tiny mistake, they can retroactively apply the 10% penalty to ALL your previous distributions, plus interest. I learned this the hard way when I accidentally took out $50 extra one year (silly bank error). Ended up owing thousands in penalties. Make sure everything is perfect with your distributions and documentation.

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Wow, that's terrifying. Did you end up getting it resolved or did you have to pay all those penalties? I'm considering 72(t) but stories like this make me nervous.

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Unfortunately, I had to pay all the penalties. I tried fighting it by showing it was the bank's error, but the IRS was adamant that maintaining the correct SEPP amount is ultimately my responsibility. I even hired a tax attorney, but they said the rules are very clear and exceptions are rarely granted. The lesson I learned: triple-check every distribution amount before it processes, keep extremely detailed records, and maybe even have an accountant review everything annually. It's not worth the risk of getting it wrong.

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Thanks for sharing your experience, Dmitry! I'm actually dealing with a similar situation right now with Charles Schwab. They issued my 1099-R with code 1 for my 72(t) distributions, and I've been going back and forth with them for weeks. I called their tax department like Paolo suggested, and while they acknowledged the error, they said it would take 4-6 weeks to issue a corrected form. Since tax season is approaching, I'm probably going to have to go the Form 5329 route that StarSeeker mentioned. One thing I learned from my research is that you should also keep very detailed documentation of your SEPP calculation and the method you used (amortization, annuitization, or minimum distribution). The IRS can ask for this documentation if they have questions about your 72(t) distributions, especially if there's a discrepancy between your 1099-R code and your tax filing. Good luck getting it resolved! At least we know there are multiple ways to handle this common issue.

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Anna, thanks for sharing your experience with Schwab - it's really helpful to know I'm not alone in dealing with this! The 4-6 week timeline for a corrected form is exactly what I was worried about with tax season coming up. Your point about keeping detailed documentation of the SEPP calculation method is really important. I used the amortization method when I set up my plan, and I have all the original calculations saved, but I hadn't thought about how that might be relevant if there's a mismatch between my 1099-R and my filing. I think I'm going to try calling Fidelity's tax department first using Paolo's specific language about Section 72(t) and Publication 575, but if they can't turn it around quickly, I'll definitely go with Form 5329 and exception code 02. It sounds like that's a well-established path that won't cause issues with the IRS. Thanks again for the advice - this community has been incredibly helpful!

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I went through this exact situation with E*Trade two years ago! They initially coded my 72(t) distributions as code 1, and it was such a headache. Here's what I learned from the experience: First, definitely try calling Fidelity's tax operations department using the specific language Paolo mentioned about Section 72(t) SEPP distributions. When I called E*Trade, I had to escalate twice before I got someone who really understood the issue, but once I did, they were able to expedite a corrected 1099-R in about 10 business days. If that doesn't work out in time, Form 5329 with exception code 02 is absolutely the right backup plan. I actually had to use this approach the first year because my corrected form came too late. The IRS had no issues with it - it's a standard procedure they see all the time. One additional tip: if you do file with Form 5329, include a brief statement with your return explaining that you're taking SEPP distributions under Section 72(t). It's not required, but it provides context if anyone reviews your file later. I attached a simple one-page explanation with my calculation method and start date, and my CPA said it was good practice for 72(t) filers. The most important thing is that you're aware of the issue and addressing it properly - that's already half the battle!

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This is incredibly helpful, Zainab! I really appreciate you sharing the detailed timeline and process you went through with E*Trade. The 10 business days turnaround after escalating twice gives me a realistic expectation of what to expect with Fidelity. Your suggestion about including a brief explanatory statement with Form 5329 is brilliant - I hadn't thought about providing that context proactively. Even though it's not required, it makes total sense to document the situation clearly for any future reviewers. I'll definitely prepare a simple one-page summary of my SEPP plan details, calculation method, and start date if I end up going that route. It's really reassuring to hear from multiple people that the IRS sees Form 5329 with exception code 02 routinely for these situations. Between your experience, StarSeeker's advice, and Anna's current situation, I feel much more confident about having a solid backup plan if Fidelity can't get the corrected 1099-R issued quickly enough. Thanks for taking the time to share such detailed guidance - this community really is amazing for helping each other navigate these complex tax situations!

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