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Ava Martinez

How to fill out Form 5329 for excess Roth IRA contribution and when to pay penalties?

I'm really confused about what I need to do with my Roth IRA contributions and could use some help. My situation is pretty straightforward except for this one issue, so I'm trying to avoid paying someone a ton of money for tax prep. My husband and I each put $6,000 into Roth IRAs for 2023 and $6,500 for 2024. We just realized while doing our taxes that our income was too high for both years, so we've already recharacterized the 2024 contributions and moved the 2023 ones. As of a few days ago, we officially withdrew the excess earnings. According to our broker at Fidelity, with the recent market downturn, our total excess earnings for both of us from the 2023 contributions came to about $850. I'm using TaxAct because our tax situation is usually pretty simple. I found where to report the excess contribution, and it looks like the 6% penalty comes out to around $60 total. The software is showing this on the 2024 Form 5329 along with our other 2024 tax documents (I haven't submitted yet). But from what I've read online, I think I'm supposed to complete a 2023 Form 5329 with this information, not a 2024 form. So should I go ahead with what the software is showing me with this on the 2024 Form 5329, or do I need to separately fill out and mail a 2023 Form 5329? Also, I'm assuming next year I'll receive a 1099-R for the 2023 Roth where I'll need to pay the 10% early withdrawal penalty on the excess earnings, and I don't need to pay that now? Really confused about the timing of all this!

You're dealing with excess contributions to Roth IRAs, which can definitely be confusing! Let me help clarify things for you. For excess contributions to a Roth IRA, you need to file Form 5329 for the tax year in which the contribution was made. So for your 2023 contributions that exceeded the limit, you need to file a 2023 Form 5329 with your 2024 tax return (the one you're filing this year for the 2023 tax year). The 6% excess contribution penalty applies for each year the excess remains in the account. Since you've already withdrawn the excess contributions and earnings, you'll only owe this penalty for 2023. The withdrawal of earnings will be subject to income tax and potentially the 10% early distribution penalty, which will be reported on the 1099-R you'll receive for the 2024 tax year (that you'll file in 2025). Most tax software can generate the proper Form 5329 for you, but sometimes you need to manually indicate which tax year the form should apply to. Check if TaxAct allows you to specify that you're completing the 2023 version of Form 5329, not the 2024 version.

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Thanks for the explanation! I'm still a bit confused though. If I already took out the excess contributions in 2024, do I still need to pay the 6% penalty for 2023? Or does removing them eliminate that penalty? And will TaxAct automatically calculate the 10% early withdrawal penalty or do I need to do something separate for that?

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If you withdrew the excess contributions and associated earnings before your tax filing deadline (including extensions) for 2023, then you can avoid the 6% penalty. However, since you said you just withdrew them "as of yesterday," if that was after the tax filing deadline (April 18, 2024 for most people), then yes, you would still owe the 6% penalty for 2023 because the excess was still in the account as of December 31, 2023. Regarding the 10% early withdrawal penalty on earnings - you don't need to worry about that until next year. When you file your 2024 taxes (in 2025), you'll receive a 1099-R from your financial institution showing the withdrawal. At that point, your tax software will calculate the appropriate tax and penalties on those earnings.

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I was in a similar situation last year and found https://taxr.ai incredibly helpful for figuring out how to handle my excess Roth contributions. I used TurboTax initially, but it kept giving me weird calculations for my penalties. I uploaded my tax forms and IRA statements to taxr.ai and it immediately identified that I was filling out the wrong year's 5329 form. It walks you through exactly which forms to complete and in what order. For the 6% penalty, I learned that timing is everything - I had to pay it because I missed the tax deadline for correcting the prior year's contribution without penalty. The site explained that I needed to file the 2023 Form 5329 with my 2023 return (filed in 2024) for the excess contributions made for tax year 2023. Then I'll deal with the distribution penalties when I file next year.

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Did taxr.ai help you figure out how to actually file the correct year's 5329? My CPA is charging me an extra $200 just to handle this one form because she says it's "complicated" and I feel like I'm being ripped off.

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I'm curious - does taxr.ai handle state tax implications too? I'm in California and they treat some of this IRA stuff differently than federal.

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It guided me through completing the 5329 for the correct year and even produced a filled-out PDF that I could print and mail in. The tool showed me exactly which lines to complete and what numbers to use. No extra charges like what your CPA is trying to pull. Yes, it handles state-specific issues too! I'm in New York, and it flagged that NY has some different treatments for retirement account penalties. It showed me the differences between federal and state handling of the excess contribution penalties and provided state-specific guidance.

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Just wanted to update that I tried https://taxr.ai after seeing it mentioned here, and it was exactly what I needed! I uploaded my tax forms and IRA statements, and it immediately identified that I was using the wrong year's 5329 form. Their system walked me through the process step by step, explaining that for 2023 contributions, I needed to file the 2023 version of Form 5329 with my 2023 return (which I'm filing now in 2024). The tool created a properly filled out 5329 form that I could print and mail in, plus it gave me instructions on where to get the correct form if I wanted to fill it out myself. It saved me from paying my CPA that extra $200! It also clearly explained that I'll deal with the early distribution penalties next year when I file my 2024 return. The guidance was clear and straightforward, unlike the confusing explanations I was getting elsewhere.

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I had a nightmare trying to reach the IRS about an excess contribution penalty last year. Spent HOURS on hold and never got through. Finally discovered https://claimyr.com through a tax forum and used their service to get a callback from the IRS within 2 hours! You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that for excess Roth contributions made in 2023, you need to file the 2023 Form 5329 with your 2023 tax return (which you're filing now in 2024). This is separate from any 2024 Form 5329 you might need for other issues. She also confirmed that the earnings portion of your withdrawal will be taxable in 2024 (reported on next year's return) and subject to the 10% early distribution penalty unless you qualify for an exception. Getting actual confirmation from the IRS gave me peace of mind and saved me from potentially making costly mistakes.

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Wait, how does Claimyr actually work? Does it somehow jump you ahead in the IRS phone queue? That seems too good to be true.

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I'm skeptical... I've tried those "get to a human" services before and they never worked. The IRS phone system is designed to be impenetrable. How much did this cost you and was it really worth it?

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It doesn't jump you ahead in the queue - it basically automates the hold process for you. Their system navigates the IRS phone tree and waits on hold so you don't have to. When they reach a human agent, you get a call connecting you directly to that agent. It's like having someone wait in line for you. I was skeptical too, but after being on hold for 2+ hours myself multiple times with no success, I was desperate. The service worked exactly as advertised - I got a call back with an IRS agent on the line ready to help with my specific question about Form 5329. Totally worth it for the time saved and stress reduction. Can't put a price on finally getting a definitive answer straight from the IRS.

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I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it for myself because I also had a question about excess IRA contributions that I couldn't resolve through the IRS website. The service worked exactly as promised - I submitted my request, and within about 90 minutes I got a call connecting me directly to an IRS representative. No waiting on hold, no navigating confusing menu systems. The agent was able to confirm that I needed to file Form 5329 for the year the contribution was made (not the year I discovered the error), and that the 6% excise tax applies for each year the excess remains in the account. She also walked me through exactly how to report the subsequent withdrawal of earnings in the following tax year. I've been filing my own taxes for 15 years and have wasted countless hours on hold with the IRS - this service would have saved me so much frustration over the years. Definitely keeping this in my toolkit for future tax questions!

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Don't make the same mistake I did! I had excess Roth contributions in 2022 but didn't realize it until 2023. I thought I could just withdraw the money and be fine, but I still had to pay the 6% penalty because the excess was in there past the tax deadline. The key is understanding that Form 5329 needs to be filed for the tax year of the contribution - so your 2023 contributions need a 2023 Form 5329, even though you're filing it with your 2023 return in 2024. And yes, next year you'll report the distribution of earnings on your 2024 return when you file in 2025, using the 1099-R your brokerage will send you. If your tax software isn't handling this correctly, you might need to print and mail that specific form separately.

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Quick question - if I withdrew excess contributions before the filing deadline (including extensions), do I still need to file Form 5329 at all? Or can I just skip it completely?

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If you withdraw the excess contributions plus earnings before your filing deadline (including extensions), you don't have to pay the 6% penalty or file Form 5329 for that specific issue. You've essentially "undone" the excess contribution. However, you'll still need to report the earnings portion of what you withdrew on your tax return for the year you take the distribution. Those earnings are subject to regular income tax and potentially the 10% early withdrawal penalty if you're under 59½.

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Does anyone know if I can e-file a return with a Form 5329 for a previous tax year? Or do I have to print and mail it?

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Most tax software can include Form 5329 with your e-filed return, but the tricky part is making sure it's for the correct tax year. When I had to file one for a previous year, TaxAct let me e-file it with my current return, but TurboTax made me print and mail it separately. Might depend on which software you're using.

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Thanks for the info! I'm using FreeTaxUSA this year so I'll check if they allow e-filing with the previous year's Form 5329 included.

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Just a heads up - make sure you're calculating the penalty on the EXACT amount of the excess contribution, not including earnings. I made that mistake and overpaid my penalty. For example, if you contributed $6,000 but were only eligible to contribute $4,000, your excess is $2,000 and the 6% penalty would be $120. The earnings don't factor into the penalty calculation, though they do get taxed when withdrawn.

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This is a really helpful thread! I'm dealing with a similar situation but with a twist - I made excess contributions to both traditional AND Roth IRAs for 2023. Do I need to file separate Form 5329s for each type of account, or can I report both on the same form? Also, I'm seeing conflicting information about whether I can recharacterize the traditional IRA excess contribution to a Roth IRA to avoid the penalty, or if that would just create another excess contribution issue since my income was too high for direct Roth contributions anyway. Has anyone dealt with this double excess contribution scenario before? My tax software (H&R Block) is giving me error messages when I try to enter both types of excess contributions, so I'm wondering if I need to handle this manually or switch to different software.

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You can report both traditional and Roth IRA excess contributions on the same Form 5329 - there are separate sections for each type of account. Part IV is for excess contributions to traditional IRAs, and Part V is for excess contributions to Roth IRAs. Regarding recharacterization, you're right to be cautious. Since your income was too high for direct Roth contributions, recharacterizing your traditional IRA excess to a Roth would indeed create another excess contribution problem. You'd essentially be moving the excess from one bucket to another rather than solving it. Your best bet is probably to withdraw the excess contributions plus earnings from both accounts before the filing deadline. This would eliminate the 6% penalty for both. The earnings from the traditional IRA withdrawal would be subject to income tax and the 10% early withdrawal penalty, while the Roth earnings would only be subject to the 10% penalty (since Roth contributions are made with after-tax dollars). If H&R Block is giving you errors, you might need to enter them separately or consider switching to software that handles multiple excess contributions better. Some people have had success with the tax tools mentioned earlier in this thread for complex IRA situations.

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This thread has been incredibly helpful! I'm dealing with a similar situation but wanted to clarify something about the timing. You mentioned withdrawing the excess contributions "as of a few days ago" - the key deadline here is the tax filing deadline for the year the contribution was made (including extensions). For 2023 contributions, that deadline was October 15, 2024 (with extension). If you withdrew after this date, you'll still owe the 6% penalty for 2023 even though you removed the excess. The penalty applies because the excess was still in the account on December 31, 2023. Regarding TaxAct showing this on your 2024 Form 5329 - that's incorrect. You need the 2023 Form 5329 to report excess contributions made for tax year 2023. Most tax software struggles with this cross-year reporting. You may need to manually prepare and mail the 2023 Form 5329 separately from your main return. And yes, you're correct about the timing for the earnings tax - you'll report that on your 2024 return next year when you receive the 1099-R from Fidelity. The 10% early withdrawal penalty will apply to just the earnings portion, not the original contribution amount.

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This is really helpful clarification about the timing! I had no idea about the October 15th deadline with extensions. So just to make sure I understand correctly - if someone made excess 2023 contributions and withdrew them in, say, November 2024, they'd still owe the 6% penalty for 2023 because the money was still in the account on December 31, 2023, even though they eventually fixed it? Also, when you say "manually prepare and mail the 2023 Form 5329 separately," do you mean I should get the actual 2023 version of the form from the IRS website and fill it out by hand, or can I still use tax software to generate it as long as I specify it's for 2023? I'm nervous about making calculation errors if I have to do it completely manually.

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