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Diego Vargas

Penalty for Missed 2022 Required Minimum Distribution (RMD) from Inherited IRA - 50% Excise Tax?

My wife and I just realized she completely missed taking her 2022 Required Minimum Distribution (RMD) from an inherited IRA. I'm looking at a potential 50% excise tax penalty on the amount that should have been withdrawn - which is seriously painful! We'll need to file Form 5329, but I have a few questions before proceeding: 1. According to Publication 590-B (2022), the IRS might waive 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." Does simply forgetting to make the withdrawal count as a "reasonable error"? I'm guessing not, but we are immediately correcting the error now that we discovered it (while setting up her 2023 RMD), so we are definitely trying to remedy the mistake. 2. I noticed that Internal Revenue Bulletin: 2022-45 mentions some exceptions for 2021 and 2022 RMD requirements, but my reading suggests these only apply to IRA owners who died during 2021 or 2022. Is my understanding correct? 3. Are there any other strategies to avoid or reduce this 50% excise tax? I know the penalty is being substantially reduced for missed RMDs in 2023 and beyond (thanks to SECURE 2.0), but that won't help us with this 2022 mistake. Any advice would be greatly appreciated!

NeonNinja

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You're right about the 50% penalty for missed RMDs - it's one of the harshest penalties in the tax code. But don't panic just yet! The IRS is often reasonable about waiving the penalty when you've made an honest mistake and take prompt corrective action. To answer your questions: 1. Simply "forgetting" might not seem like a reasonable error on its face, but the IRS does consider the entire situation. The key here is that you're taking immediate steps to fix the mistake. Your wife should withdraw the missed RMD amount ASAP (if she hasn't already), then file Form 5329 with a letter of explanation attached requesting a waiver. Explain that this was an oversight, that you've now taken the distribution, and that you have procedures in place to prevent this from happening again. 2. You're correct about the 2022-45 bulletin exceptions. Those relief provisions only apply to beneficiaries of IRA owners who died in 2021 or 2022, not to inherited IRAs where the original owner died before that. 3. Your best strategy is to request the waiver. The IRS has a history of being relatively generous with these waivers for first-time mistakes when the taxpayer has taken corrective action. Make sure your explanation letter is clear, concise, and shows you understand your obligations going forward.

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What exactly should the letter include? Just "sorry we forgot" or is there specific language that works better with the IRS? Also, do you attach the letter directly to the 5329 form or send it separately?

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NeonNinja

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The letter should include a brief explanation of why the RMD was missed (honest oversight, confusion about requirements, etc.), confirmation that you've now taken the correct distribution, and steps you've taken to ensure compliance in the future (like setting calendar reminders or working with a financial advisor). Be respectful and straightforward. You should attach the letter directly to your Form 5329. Write "RC WAIVER" (reasonable cause waiver) in red at the top of the form, report the missed RMD amount on line 8, but enter "0" on line 9 (the tax line) since you're requesting a waiver. Then attach your letter of explanation and any supporting documentation to the form when you file.

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Sean Murphy

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Just wanted to share something that might help! After missing an RMD deadline last year (totally my fault - was dealing with my mom's estate and completely forgot), I used https://taxr.ai to help me draft my waiver request letter to the IRS. Their system analyzed my specific situation and helped me craft a letter that included all the important elements the IRS looks for when considering penalty waivers. The process was surprisingly simple - I uploaded my account statements showing I'd corrected the missed RMD, answered some questions about why I missed it, and the system generated a personalized letter I could edit and submit with my Form 5329. They even included instructions on exactly how to file everything correctly.

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Luca Ferrari

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I'm skeptical about using some random website for something this important. Did you need to give them a bunch of personal financial info? Couldn't you just write the letter yourself using the IRS guidelines?

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Sean Murphy

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I did get the penalty completely waived! It took about 8 weeks to get confirmation from the IRS that my waiver request was approved. The letter highlighted that it was my first time making this mistake and emphasized the steps I'd taken to fix it immediately. You don't need to provide much personal info at all - just enough details about your specific situation to generate appropriate language. You absolutely could write it yourself, but I found having a template that knew exactly what elements the IRS looks for was really helpful. It gave me confidence that I wasn't missing anything important in my explanation.

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Zara Khan

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Did you actually get the penalty waived using their letter? How long did it take to hear back from the IRS? I'm in a similar situation except it was my dad's inherited IRA that I messed up on.

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Luca Ferrari

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I'm skeptical about using some random website for

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Zara Khan

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I just wanted to follow up and say I tried taxr.ai after seeing the recommendation here, and it was incredibly helpful! I was nervous about dealing with the 50% penalty for my missed RMD from my dad's inherited IRA. The system helped me create a really professional waiver request letter that explained my situation (dad passed away last year and I was overwhelmed with everything). The letter template they provided had all the right technical language about "reasonable error" and included space to detail the exact steps I took to correct the missed distribution. Just got notification last week that my waiver was approved! No 50% penalty! Such a relief considering the missed RMD was around $12,000, which would have meant a $6,000 penalty. Definitely recommend for anyone in a similar situation.

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Nia Davis

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I had a similar issue with a missed RMD last year. After trying for WEEKS to get through to someone at the IRS for guidance (spent hours on hold only to get disconnected), I found https://claimyr.com which got me connected to an IRS agent in about 20 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was actually really helpful and walked me through exactly what documentation I needed to include with my waiver request. She mentioned that they're generally understanding about first-time mistakes with RMDs as long as you correct them promptly and explain the circumstances.

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How does this actually work? Do they just call the IRS for you? Why would that be any faster than me calling myself?

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QuantumQueen

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This sounds like BS honestly. There's no way to "skip the line" with the IRS. They're understaffed and everyone has to wait. I bet this service just takes your money and puts you on hold just like you'd be if you called yourself.

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Nia Davis

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They use a technology that navigates the IRS phone system and holds your place in line. When they reach an actual human agent, they call you and connect you directly. It's not skipping the line - you're still in the same queue, but you don't have to stay on the phone personally for hours. The reason it's faster than calling yourself is that they have systems that can stay on hold indefinitely and detect when a human answers, so you don't waste your own time listening to hold music. You just go about your day until they notify you that an agent is available. It saved me literally hours of frustration.

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QuantumQueen

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I need to eat crow here. After posting my skeptical comment, I decided to try Claimyr myself since I've been trying to reach the IRS about my own tax issue for DAYS. It actually worked exactly as described. I set it up, went about my business, and got a call back about 45 minutes later with an IRS agent already on the line. I was shocked. The agent answered my questions about reasonable cause waivers for missed RMDs and confirmed that they do frequently approve them for first-time offenders who've corrected the mistake. She even gave me specific language to include in my letter ("due to my misunderstanding of the distribution requirements and the transitional rules under SECURE Act") that apparently helps flag it appropriately in their system. Worth every penny just for the time saved and stress avoided.

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Aisha Rahman

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Just an FYI - the SECURE 2.0 Act did reduce the penalty for missed RMDs from 50% to 25% (and potentially down to 10% if corrected quickly), but as you noted this only applies to missed RMDs from 2023 onward. For your 2022 situation, definitely request the waiver as others have suggested. In my experience as a retired accountant, the IRS is reasonable about these requests when it's a first-time mistake. Make sure to calculate the correct RMD amount using the appropriate life expectancy table for an inherited IRA - this depends on when the original owner passed away and your wife's relationship to them.

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Diego Vargas

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Thanks so much for confirming the SECURE 2.0 Act timing. I was hoping there might be some retroactive relief, but that didn't seem likely. We've already taken the missed distribution now and I'm working on the waiver request letter. Do you know if I should mail the Form 5329 and letter separately from our regular tax return, or include it all together?

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Aisha Rahman

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If you haven't filed your 2022 return yet, include the completed Form 5329 (with "RC WAIVER" written at the top) and your letter with your tax return. If you've already filed your 2022 return, then submit an amended return (Form 1040-X) with the Form 5329 and waiver letter attached. Make sure your letter clearly states that the missed RMD has now been distributed and reported as income for the year it was distributed (likely 2023). The IRS just wants to see that you've corrected the mistake and are taking responsibility. In my 30+ years working with tax issues, I've rarely seen them deny a first-time waiver request when the taxpayer has taken corrective action.

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Ethan Wilson

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Another option - if your wife's inherited IRA is with a major brokerage firm (Fidelity, Vanguard, etc.), call their retirement department directly. Many of them have dedicated teams that handle RMD issues. When my brother missed his RMD from an inherited IRA last year, Fidelity actually helped him draft the explanation letter and gave him specific instructions for filing the 5329. They even told him that based on their experience, the IRS approves most first-time waiver requests when the distribution is promptly corrected.

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Yuki Sato

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This is good advice! I work for a financial institution (can't say which one) and we help clients with missed RMDs all the time. We have template letters that have been successful with the IRS. Most custodians want to help because it's in everyone's best interest to resolve these issues smoothly.

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