Form 5329 - Not Included With Return
1

There are some instances in which Form 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts is not required to be included with your return, even if an amount is appearing on Form 1040 U.S. Individual Income Tax Return, Line 6 for Additional tax on IRAs, other qualified retirement plans, etc.


Per IRS Instructions for Form 1040 and 1040-SR, page 98:

Line 8

Additional Tax on IRAs, Other Qualified Retirement Plans, etc.

If any of the following apply, see Form 5329 and its instructions to find out if you owe this tax and if you must file Form 5329. Also see Form 5329 and its instructions for definitions of the terms used here.

  1. You received an early distribution from (a) an IRA or other qualified retirement plan, (b) an annuity, or (c) a modified endowment contract entered into after June 20, 1988, and the total distribution wasn't rolled over.
  2. Excess contributions were made to your IRA, Coverdell education savings account (ESA), Archer MSA, health savings account (HSA), or ABLE account.
  3. You received a taxable distribution from a Coverdell ESA, qualified tuition program, or ABLE account.
  4. You didn't take the minimum required distribution from your IRA or other qualified retirement plan by April 1 of the year following the year you reached age 72.

Exception. If only item (1) applies and distribution code 1 is correctly shown in box 7 of all your Forms 1099-R, you don’t have to file Form 5329. Instead, multiply the taxable amount of the distribution by 10% (0.10) and enter the result on line 8. The taxable amount of the distribution is the part of the distribution you reported on Form 1040, 1040-SR, or 1040-NR, line 4b or 5b, or on Form 4972. Also enter “No” in the margin to the left of line 8 to indicate that you don’t have to file Form 5329. But you must file Form 5329 if distribution code 1 is incorrectly shown in box 7 of Form 1099-R or you qualify for an exception, such as the exceptions for qualified medical expenses, qualified higher education expenses, qualified first time homebuyer distributions, or a qualified reservist distribution.


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