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Printable Form 5329 Centennial Colorado: What You Should Know

Favored Accounts this year in order to avoid a penalty. A person who elects early withdrawal can include any additional tax and any penalty in the payee's return using Form 5329 (See Example 1). For example, a person taking an early withdrawal will generally pay a penalty of either the greatest of 1 million or 100,000 on the amount withdrawn, depending on when the tax was paid. The penalty should be deposited in a special account established for these special deposits. This special account is not subject to any state or federal taxes that might apply to the amounts deposited in that account. The penalty would usually be payable to the IRS and is not subject to federal income tax withholding. Example: A married couple who earns 250,000 a year from their IRA and one spouse is age 60 and has earned 100,000 a year from their IRA since it was established for that person, and the other spouse has earned 200,000 a year. For simplicity, assume a total retirement income of 2 million and assume all income will be taxed at the highest rate. The individual who takes this early withdrawal would pay the highest of 1 million or 100,000 in penalty, according to his/her total income. A penalty can only be taken from a withdrawal in excess of the limit. This means that a penalty of 100,000 (the highest of 1 million) cannot be taken in excess of the annual distribution under “Qualified Plans, Other Tax-Favored Accounts.” The penalty of 100,000 will not be taken on any amount that is distributed by a traditional IRA or Roth IRA that exceeds 5.5% of the total amount contributed. Under a traditional IRA, the 5.5% limit applies to the earnings on each contribution. Under a Roth IRA, the 5.5% limit applies to the earnings on a portion of each distribution. If the early withdrawal is from a traditional IRA that has been established for you, but you are not yet required to take the penalty, be sure to contact the IRA custodian before you take the early withdrawal. If your withdrawal exceeds the 5.5% limit, you must file Form 5329 at the time you make the withdrawal. This must be done before the due date of the return or prior to you having earned a profit on your account at the time of the withdrawal. The penalty imposed is reduced for a tax year beginning after November 12, 2017.

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