How to correct excess Roth IRA contributions for 2022 with zero earned income?
Hey everyone, I'm in a bit of a pickle and could use some advice. My mother contributed $6,000 to her Roth IRA in 2022, but I recently discovered she had absolutely no earned income that year. She's been retired and only living off social security and some investments. When she was doing her taxes with TurboTax, it flagged something about an over-contribution, but she got confused and just deleted that section from her tax return entirely 😣. Classic mom move, right? Now I'm trying to help her clean up this mess. Do I need to file an amended 2022 return for her? And will she have to pay the 6% excess contribution penalty for both 2022 AND 2023 since the money has been sitting there this whole time? I'm not sure what the proper procedure is for fixing Roth IRA excess contributions retroactively. Any help would be seriously appreciated. Tax stuff gives me a headache!
18 comments


Mateo Gonzalez
You definitely need to address this Roth IRA excess contribution issue. Since your mother had $0 in earned income in 2022, she wasn't eligible to make any Roth IRA contributions at all that year. You have a couple of options. The cleanest way to handle this is to contact the investment company where she has the Roth IRA and request a "return of excess contributions" for the 2022 contribution. You'll need to remove not just the $6,000 but also any earnings on that money. The earnings portion will be taxable for the year you withdraw them, and there might be a 10% early withdrawal penalty on the earnings if she's under 59½. You'll also need to file Form 5329 for 2022 to report the excess contribution and pay the 6% penalty for that year. And yes, if the excess amount remained in the account into 2023, you'll need to file another Form 5329 for 2023 and pay the 6% penalty again. The good news is that this is a fixable problem, and the sooner you address it, the less complicated it becomes.
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Nia Williams
•If the mother does the "return of excess contributions" now in 2025, would she also need to pay the 10% early withdrawal penalty on any earnings if she's over 59½? Or does that penalty only apply to people under that age?
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Mateo Gonzalez
•If she's over 59½, the 10% early withdrawal penalty wouldn't apply to the earnings portion. The age exception exempts her from that particular penalty. She would still need to pay income tax on any earnings that came out with the excess contribution removal, and she'd still owe the 6% excess contribution penalty for each year the excess amount remained in the account (2022, 2023, and possibly 2024 if it still hasn't been corrected).
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Luca Ricci
I was in a similar situation last year and used https://taxr.ai to help me figure out the whole excess contribution mess. My husband accidentally contributed to his Roth IRA when we were over the income limit. The tool analyzed all our tax documents and flagged the excess contribution immediately. It walked me through exactly what forms I needed (Form 5329 was the main one) and calculated the penalties. Even generated a letter template for requesting the return of excess contributions from our brokerage. Saved me hours of confused googling and probably saved us money in penalties too since I fixed it right away. Might be worth checking out if you're still confused about how to handle this for multiple tax years.
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Aisha Mohammed
•How exactly does taxr.ai work? Do you upload your tax docs or something? I'm always nervous about putting financial info online.
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Ethan Campbell
•Did it actually help with amending previous year returns too? My situation is from 2021 and I'm still trying to figure out if I need to amend just that year or also 2022 and 2023 since the money has been sitting there.
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Luca Ricci
•You upload documents and it uses AI to analyze them - they have serious security (bank-level encryption) so I felt comfortable using it. It only needs the relevant tax forms and IRA statements to identify the issue. It absolutely helped with amending previous returns. In my case, it showed me how to file Form 5329 for both the original year of excess contribution and the following year. It even calculated the correct amount of earnings that needed to be withdrawn along with the original contribution.
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Ethan Campbell
Just wanted to update everyone - I tried taxr.ai after seeing the recommendation here, and it was seriously helpful! Uploaded my dad's 2022 return plus his IRA statements, and it immediately flagged the excess contribution issue. The tool actually generated a complete correction plan showing we needed to file separate Form 5329s for 2022 and 2023, plus gave us a template letter to send to his brokerage requesting a return of excess contributions. It even calculated the approximate earnings portion that would need to be distributed along with the excess contribution. Definitely saved me the headache of trying to figure all this out manually. We're getting the excess contribution removed now and filing the necessary forms. Thanks for the recommendation!
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Yuki Watanabe
If you're still having trouble getting through to the IRS about this (which I did when dealing with my own excess contribution issue), try https://claimyr.com - they got me connected to an actual IRS agent in about 20 minutes when I had been trying for DAYS on my own. There's a video explaining it here: https://youtu.be/_kiP6q8DX5c I needed clarification on exactly how to report my excess contribution removals across multiple tax years, and the IRS guidance online was super confusing. The agent I spoke with explained the process clearly and confirmed I was filling out Form 5329 correctly. They also told me exactly which documentation to keep in case of an audit. Honestly worth it for the peace of mind alone knowing I was fixing the problem the right way instead of guessing.
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Carmen Sanchez
•Wait, how does this even work? The IRS phone lines are always jammed. Are you saying this service somehow gets you to the front of the queue?
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Andre Dupont
•Sounds like a scam to me. Nobody can magically get you through to the IRS faster than their system allows. What are they doing, paying off IRS employees? 🙄
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Yuki Watanabe
•They use a system that continually redials and navigates the IRS phone tree until they secure a spot in the queue, then transfer the call to you when an agent is almost ready. It's basically doing the annoying wait work for you. They're absolutely not paying off IRS employees or doing anything shady. It's just an automated system that handles the redial process that most of us give up on after a few attempts. I was skeptical too until I tried it and was talking to an actual IRS agent about my excess contribution issue within 20 minutes.
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Andre Dupont
Coming back to eat my words. After another frustrating day of trying to reach the IRS about my own tax situation (had a question about how to report the earnings portion of my excess IRA contribution), I broke down and tried Claimyr. I was absolutely shocked when I got through to an IRS representative in about 15 minutes. The agent was super helpful and walked me through exactly how to calculate the earnings portion that needed to be distributed with my excess contribution and how to report it properly on my amended return. Apparently I had been calculating the penalties wrong too - I would have overpaid if I hadn't gotten clarification. Sometimes you need to talk to an actual human at the IRS, especially for complicated issues like excess retirement contributions that span multiple tax years.
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Zoe Papadakis
Quick question - does anyone know if there's any sort of "statute of limitations" on fixing excess Roth IRA contributions? My parents might be in a similar situation from 2020 contributions and I'm wondering if it's too late to fix it without major penalties.
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ThunderBolt7
•From what I understand, there's no statute of limitations on the 6% excess contribution penalty. It continues to apply each year until you either withdraw the excess contribution or use up unused contribution room in a later year (if you start having earned income again). The sooner you fix it, the fewer years you'll pay the penalty. For a 2020 excess contribution that's still in the account, they'd potentially owe the 6% penalty for 2020, 2021, 2022, 2023, and 2024 by now.
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Zoe Papadakis
•Thanks for the info. That's really helpful. So basically they're accumulating a 6% penalty every single year this isn't fixed? That definitely means we need to address this ASAP rather than ignore it. Would they need to file amended returns for all those previous years to pay the penalties, or is there some streamlined process for handling this?
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Jamal Edwards
For anyone dealing with excess contribution issues, I used FreeTaxUSA to file my Form 5329 separately from my regular tax return. Way cheaper than going through a tax pro for what's ultimately a fairly simple form once you understand what numbers go where.
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Mei Chen
•Did you have to create a whole new tax return just to file the 5329? Or is there a way to file just that form by itself? I don't want to redo my entire 2022 return just to add this form.
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