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2019-2024 5329 Form: What You Should Know

This form may also report IRS penalties. Example #1, Taxpayers With Unearned Income If you have excess contributions due to the Unearned Income exclusion, you file a Form 5329. If your excess has been accumulated by more than 1 year and no contribution has been made, and you have earned income of  at least 100 percent, you must file an application for the excess reduction (see Form 5329(b)). However, you do not have to file Form 5329 to claim an excess from another plan. Example #2, Qualified Plans If your excess contribution is from a qualified retirement plan other than a traditional IRA or a Roth IRA, or your excess contributes to a qualified retirement plan (IRAs) other than a traditional IRA, and you have paid a penalty for any excess contributions you owe, you must file a Form 5329. However, you do not have to file Form 5329 to claim an excess from another plan. See the sections below for more information on your situation. To claim an excess contribution from a qualified retirement plan, you must use the additional return procedure, and you must file the Form 5329 (which you can use the additional return procedure on). However, when you file Form 5329, you must use the additional return procedure if you only made 2,000 or less (or 3,000 or less if the IRS imposed a penalty on you). See Additional taxes on qualified retirement plans, later, in detail. To claim an excess contribution from a qualified retirement plan for a year, you must file Form 5329 (as described later). However, the Form 5329, “Additional taxes on qualified plans” is not required to be filed if the excess contribution from a qualified retirement plan is paid directly to an employer or a plan sponsor, as described later in detail. Form 5329 (Additional Taxes on Qualified Plans) To claim an excess contribution from a qualified retirement plan, you are required to file Form 5329 (other than the form described later). You either file Form 5329, “Additional Taxes on Qualified Retirement Plans,” or file Form 5329, “Additional Taxes on Qualified Plans,” depending on how many years you made excess contributions from your plan. (For example, suppose you made at least 50,000 in excess contributions from the same plan to two different plans. You file Form 5329.

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