Missed RMD from IRA - IRS charging full amount plus penalties and interest! Is this right??
My dad completely forgot to take his Required Minimum Distribution (RMD) from his IRA in 2022. We only realized this mistake when doing his taxes in April 2023. Here's what happened: 1. His 2022 RMD amount was $5,695 2. As soon as we discovered the error, we immediately took the distribution (April 2023) 3. I helped him complete Form 5329 - Requested waiver of the $5,695 with detailed explanation - Included documentation proving we took the distribution Then about 6 months later, the IRS sent a letter saying he owes $6,711.80: - Tax increase: $5,695 - Failure to file penalty: $768.83 - Failure to pay penalty: $142.38 - Interest: $105.59 I've tried calling the IRS at least 8 times now but can't even get placed on hold! Just that automated message about "high call volume, try again later" and then it hangs up! This is making me lose my mind because I thought the maximum penalty for a missed RMD was 50% of the amount not taken. They're charging him the FULL amount plus all these penalties! Can the IRS make a mistake on something like this? What should we do? For reference, on Form 5329 we filled out: - Line 52: $5,695 - Line 53: 0 - Line 54: 0 - Line 55: 0
18 comments


Yuki Tanaka
What you're experiencing is definitely frustrating, but there does seem to be some confusion about what's happening. The IRS isn't "taxing the full amount" as a penalty - they're including the RMD amount in taxable income (which is normal) PLUS adding penalties. The normal 50% excise tax penalty for missed RMDs would be applied on Form 5329. By putting zeros on lines 53-55, you requested a complete waiver of this penalty. That part seems correct. However, the letter you received appears to be treating the missed RMD as unreported income plus assessing failure to file and failure to pay penalties. This is separate from the 50% RMD penalty. When you take an RMD, it's considered taxable income. Since your dad missed taking it in 2022, the IRS is now including that amount in his taxable income for that year, plus adding penalties for not reporting/paying tax on that income originally.
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NeonNova
•Wait, so are you saying the IRS is adding the RMD amount to his income (which would be taxed at his tax rate) AND they could also charge the 50% excise tax penalty? That would be paying twice! Or is it more like: they're treating the $5,695 as unreported income that should have been taxed in 2022, so now they want the income tax on that amount plus these failure to file/pay penalties because we didn't report it initially?
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Yuki Tanaka
•The IRS is treating the $5,695 as unreported income that should have been taxed in 2022, so they want the income tax on that amount plus the failure to file/pay penalties because it wasn't reported initially. This is separate from the 50% excise tax penalty. When someone takes an RMD, they always pay income tax on it. The 50% penalty is an additional excise tax for failing to take the RMD on time. By filing Form 5329 with zeros on lines 53-55, you've requested a waiver of that 50% excise tax penalty, but you still owe the regular income tax on the distribution.
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Carmen Diaz
I went through something similar with my uncle's missed RMD. What helped us was using https://taxr.ai to review our response to the IRS. The system analyzed our documentation and found we had incorrectly completed Form 5329, which was causing the IRS to misinterpret our situation. The key issue was that while we requested a waiver, we needed to properly document that we corrected the error as soon as it was discovered AND provide a reasonable cause explanation. In our case, using taxr.ai showed us exactly what language to use on the waiver request letter to meet the "reasonable cause" standard. After resubmitting with the proper documentation according to their guidance, the IRS accepted our waiver request and removed most penalties. We still had to pay the tax on the distribution (which is normal), but saved thousands in penalties.
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Andre Laurent
•How exactly does this taxr.ai thing work? Does it just give general advice or does it actually look at your specific documents? I'm helping my mom with a similar RMD issue and wondering if this would be worth trying.
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Emily Jackson
•I'm skeptical about these online services. Did you have to upload all your tax documents with personal info? Seems risky to me. And was there a big fee? Most of these "solutions" end up being expensive and not much better than just calling a CPA.
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Carmen Diaz
•It analyzes your specific documents and situations, not just general advice. You upload the relevant forms and correspondence (in your case, the Form 5329 and IRS notice), and it identifies issues specific to your situation. For RMD problems, it was particularly helpful in identifying the exact language needed for the reasonable cause statement. No, there's no need to worry about security - they use the same encryption as major tax services and you can block out personal identifiers if you're concerned. The cost was actually very reasonable compared to what my CPA quoted for handling the issue, plus we got specific guidance rather than just having someone else submit the same incorrect form.
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Andre Laurent
Just wanted to update about my experience with taxr.ai after trying it for my mom's similar RMD issue. It was actually super helpful! The system immediately identified that we were making the exact same mistake as the original poster - we had requested a waiver but hadn't properly documented the "reasonable cause" or followed the correct procedure. It showed us that we needed to submit an amended Form 5329 along with a detailed letter explaining why the RMD was missed (in our case, confusion after changing financial advisors) and documentation showing we corrected it promptly once discovered. The IRS accepted our explanation and waived the 50% excise tax penalty completely. We still had to pay the regular income tax on the distribution amount (which makes sense since RMDs are always taxable), but saved over $4,000 in penalties. Definitely worth it!
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Liam Mendez
I work with retirees and see this RMD problem constantly. After 10+ calls to the IRS with no answer, I discovered https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes instead of trying for days. You can see how it works here: https://youtu.be/_kiP6q8DX5c For your specific situation, you need to respond to the IRS letter with a clear explanation that: 1) You've already submitted Form 5329 requesting a penalty waiver 2) You corrected the missed RMD as soon as it was discovered 3) The amount they're charging exceeds the statutory 50% excise tax penalty The challenges is actually getting someone on the phone to explain this. That's where Claimyr helped - once I got through to an agent, they were able to put notes on the account and direct me to the exact forms needed to resolve the issue.
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Sophia Nguyen
•How does this Claimyr thing work? I keep hearing about it but seems weird that they can get you through when the IRS lines are jammed. Is it just constantly auto-dialing or something?
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Jacob Smithson
•Sounds like a scam to me. Why would anyone pay a service to call the IRS? If the lines are busy, they're busy for everyone. And I'd be worried about giving access to my personal tax info to some random company.
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Liam Mendez
•It uses a combination of predictive calling technology and timing patterns to connect when lines are most likely to be available. It's not constantly auto-dialing - instead, it analyzes historical connection data to identify optimal calling windows and then secures your place in line. I had the same skepticism initially! But they don't actually access any of your personal tax information. The service just connects the call - once you're connected with the IRS agent, it's just you and the agent talking directly. I was hesitant to try it too, but after wasting days trying to get through myself, it was honestly worth every penny to finally resolve the RMD issue that had been stressing my client for months.
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Jacob Smithson
I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it myself for an ongoing tax issue I've been trying to resolve for months. I literally could not believe when I got connected to an actual IRS person in about 15 minutes after trying for WEEKS on my own. The agent I spoke with was able to see that my RMD penalty waiver request (similar situation to the original poster) had actually been approved but the letter crossed in the mail with their automated billing system. She put my account on hold to stop the collection notices and confirmed I would receive updated paperwork within 30 days. Without getting through to a real person, I would have been stuck in paperwork hell or possibly paid penalties I didn't actually owe. I hate to admit when I'm wrong, but in this case I definitely was!
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Isabella Brown
Something doesn't add up with your numbers. If the missed RMD was $5,695, the maximum excise tax penalty should be 50% of that, which is $2,847.50. But the IRS is asking for the full $5,695 plus penalties? Did you include the distribution on his tax return for 2022 (even though it was taken in 2023)? If not, the IRS might be considering this unreported income, which would explain why they're including the full amount as a tax increase. Also, I think you misunderstood what Form 5329 does. Lines 53-55 being zero means you calculated no penalty due (requesting a waiver). But you still have to report and pay tax on the RMD amount itself once it's distributed.
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NeonNova
•Hmm, I don't think we included it on his 2022 return since he actually took the distribution in April 2023. Should we have reported it for 2022 anyway since that's when it should have been taken? And if so, would we need to file an amended return for 2022? So if I'm understanding correctly: 1. We need to pay income tax on the RMD regardless (either in 2022 or 2023) 2. There's potentially a 50% excise tax penalty, which we requested a waiver for 3. Since we didn't include it on the 2022 return, they're adding failure to file/pay penalties Is that right?
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Isabella Brown
•Yes, you've got it exactly right. The RMD should have been reported in 2022 even though you took it in 2023, since that's the year it was required. So you would need to file an amended return for 2022 showing this income. The IRS is essentially doing this correction for you automatically, which is why they're adding the tax on the RMD amount plus the failure to file/pay penalties. This is separate from the 50% excise tax penalty (which your Form 5329 requested a waiver for). I'd recommend responding to their notice explaining that you already filed Form 5329 requesting a waiver of the excise tax penalty since you corrected the error as soon as you discovered it. You might still owe the regular income tax plus some penalties for late filing/payment, but you can often get those reduced if you show good faith in correcting the issue.
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Maya Patel
Just to add another perspective - my father missed his RMD two years ago, and we went through this same process. We had to: 1. Take the missed distribution immediately 2. File Form 5329 requesting a waiver of the 50% penalty 3. Include a letter explaining WHY it was missed (in our case, health issues) 4. File an amended return to include the missed RMD as income in the correct year The IRS initially sent a similar notice to what you received, but after we responded with a detailed explanation, they waived most of the penalties. We still had to pay the basic income tax on the distribution amount plus some interest, but they removed the failure to file/pay penalties. The key was providing a legitimate reason why it was missed and showing we corrected it immediately upon discovery.
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Aiden Rodríguez
•How long did it take for the IRS to respond after you sent in all that documentation? I'm in a similar situation and getting anxious about how long the process might drag on.
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