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Tate Jensen

Should I include Form 5329 with taxes if I already filed one separately?

So I messed up part of my Required Minimum Distribution for 2023 because my December payment didn't actually clear until January 2024. I already sent in a paper Form 5329 back in January requesting a penalty abatement for this mistake. Now I'm doing my 2023 taxes using TurboTax, and it's automatically generating another Form 5329 to include with my e-filed return. The form looks correct - it shows the missed RMD amount written to the side of line 54 and has a "0" entered on line 54 itself, indicating I'm asking for the penalty to be waived. What I'm confused about is whether I should still include this Form 5329 with my e-filed tax return since I already submitted one separately? Or should I somehow remove it from my TurboTax return before e-filing? Don't want to cause confusion with the IRS by submitting the same form twice!

Adaline Wong

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You're actually fine to include the Form 5329 with your tax return even though you already submitted one separately. The IRS can handle receiving the same form twice, especially when they're both correctly filled out showing you're requesting the penalty waiver. Including the form with your tax return might even expedite the processing of your penalty waiver request since it ensures all your information is in one place. The key is that both forms are filled out consistently - showing the missed RMD amount noted on the side of line 54 and "0" on line 54 itself, indicating you're requesting the waiver. Just make sure the explanation for why you missed the RMD (payment processing delay into the next year) is clearly noted on both submissions. If TurboTax allows you to add a note or explanation with the form, it would be helpful to mention that you previously submitted the same form in January.

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Gabriel Ruiz

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What happens if the IRS receives both forms but processes them differently? Like what if they approve one request but deny the other? I'm confused about how that would work with the same taxpayer submitting essentially duplicate requests.

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Adaline Wong

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The IRS will reconcile both submissions under your tax ID. They'll recognize this as a single request for the same tax year and same issue. Even if they initially process them separately, their system will eventually flag the duplication and merge the cases. The fact that both forms show the same information (missed RMD amount and zero penalty requested) works in your favor, as it demonstrates consistency in your reporting.

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I had almost the exact same situation last year! My last RMD payment for 2022 didn't clear until 2023, and I was freaking out about the 25% penalty. I spent hours trying to figure out how to fill out Form 5329 correctly, then got stuck with the same question about whether I needed to include it again with my return. I ended up using https://taxr.ai to analyze my situation and confirm the right approach. Their system reviewed both my submitted 5329 and the one TurboTax generated, and confirmed they were correct and consistent. Their analysis explained that including the form with my tax return actually helps because it creates a more complete filing record. The service even generated a custom explanation letter I could attach to my return explaining the duplicate submission, which gave me peace of mind that I wasn't making things worse.

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Peyton Clarke

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Did taxr.ai actually help with getting the penalty waived though? Or did they just tell you how to fill out the form? I'm in a similar situation but with a much bigger missed RMD amount (around $18k) so I'm really worried about that 25% hit.

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Vince Eh

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I'm wondering if using something like that is worth it compared to just calling the IRS directly? Sometimes I feel like these services just tell you stuff you could find out for free.

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They helped me confirm that my situation qualified for a penalty waiver and showed me exactly how to document it properly. The analysis highlighted the specific IRS revenue procedure that covers situations like ours where the distribution was initiated in time but didn't complete processing until the following year. I did try calling the IRS first, but spent over 3 hours on hold across multiple attempts without ever reaching anyone. The service was definitely worth it for me because I got clear guidance within about 20 minutes instead of spending days researching or trying to get through to the IRS.

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Peyton Clarke

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Wanted to update after trying taxr.ai that was mentioned above. I was really skeptical at first because I've tried other "tax help" sites before that were basically useless, but this was actually legit. They analyzed my specific RMD situation (the December payment that didn't clear until January) and confirmed that it qualifies as a "reasonable cause" for penalty waiver. They even cited the specific IRS guidance that applies to this situation and showed me exactly how to document it in my response to the IRS. Their system also spotted an inconsistency in how I was reporting the missed RMD between my separate Form 5329 and the one in my tax software that I wouldn't have caught. Fixed that before submitting, which probably saved me from getting confusing notices later.

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If you're still struggling to get clear information on your Form 5329 situation, I'd recommend trying https://claimyr.com to get directly connected to an IRS representative. I was in a similar situation with RMD confusion last year and spent WEEKS trying to reach someone at the IRS with no luck. After using Claimyr, I got through to an IRS agent in about 20 minutes who confirmed exactly how to handle the duplicate 5329 situation. They explained that including the form with my return actually creates a more complete record in their system. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent was even able to look up my account while on the phone and confirm they had received my previously submitted Form 5329, which gave me peace of mind that everything was properly documented.

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How does this even work? Don't you still have to wait in the IRS queue? I'm confused how a third-party service could possibly get you through faster when the IRS phone system is notoriously terrible.

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Vince Eh

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This sounds like BS honestly. No way some random service can magically get you through the IRS phone system faster than everyone else. They probably just keep you on hold the same as if you called yourself, then charge you for the privilege.

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They use a system that navigates the IRS phone tree and waits in the queue for you. When an agent finally answers, you get an immediate call connecting you directly to that agent. The IRS phone system is absolutely terrible - I tried calling myself multiple times and gave up after 2+ hours on hold each time. With Claimyr, I didn't have to stay on the phone during that wait time. I went about my day and got a call when an agent was actually available, which took about 20 minutes in my case. It definitely works as advertised.

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Vince Eh

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I want to apologize for being so skeptical about Claimyr in my earlier comment. I decided to try it since I was getting nowhere with the IRS on my own, and I'm genuinely shocked at how well it worked. I'd been trying for THREE WEEKS to get someone at the IRS to answer my RMD penalty questions. Used Claimyr yesterday and got connected to an agent in about 35 minutes. The agent confirmed exactly what I needed to do with my Form 5329 situation and even put notes in my account about my reasonable cause explanation for the missed RMD. The time and stress this saved me was incredible. Instead of wasting another day on hold, I was able to get work done while their system waited in the queue, then got a call when an actual human was on the line. Actually feeling optimistic about resolving this now.

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Ezra Beard

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I'm in tax preparation and deal with RMD issues constantly. Here's what I advise my clients: include Form 5329 with your tax return EVEN IF you already submitted one separately. It ensures your return is complete and consistent. TurboTax is generating that form correctly based on the information you entered. The notation of the missed RMD amount to the side of line 54 with a "0" on line 54 is exactly how you request a penalty waiver. When the IRS receives your e-filed return with this form, they'll have proper documentation of your waiver request. Remember that the 25% penalty for missed RMDs is substantial, so documenting your reasonable cause explanation thoroughly and consistently is crucial. Payment processing delays beyond your control generally qualify for penalty relief.

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Tate Jensen

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Thank you for the professional insight! Just to be clear - the fact that I'm essentially submitting the same form twice (once in January by mail and once now with my e-filed return) won't create any issues or confusion with the IRS?

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Ezra Beard

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No, submitting the form twice won't create issues. It's actually beneficial as it ensures your request is properly documented. The IRS systems will recognize both submissions are for the same taxpayer and tax year. When they process your return, they'll have the complete picture - both your standalone request and the form with your full tax filing. This redundancy works in your favor by creating multiple records of your waiver request.

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Just throwing this out there - I made the mistake of NOT including Form 5329 with my tax return in a similar situation (had already mailed it separately). Ended up getting a confusing notice from the IRS 6 months later suggesting I hadn't requested the waiver at all! Had to call and explain everything all over again. Better to include all relevant forms with your tax return, even if redundant. Makes your return complete and consistent. TurboTax is actually doing you a favor by generating it correctly!

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Did the IRS eventually waive your penalty? I'm curious how long the whole process took from start to finish.

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