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Form 5329 IN: What You Should Know

Form 5329-Ez. For more information on the Form 5329-Ez, see IRS Publication 550.  What's the Catch with Form 5329? Form 5329 is mandatory if you are under 59-years-old, and owe an excess-contribution or excess-accumulation penalty. IRS Form 5329 Exemptions · Did you qualify for an Exemptions' deduction in the past? Expected Benefits If you pay an excess-contribution penalty, you do not have to pay it if the plan or account is: • subject to a penalty for failure to timely file an income tax return; and • subject to the penalty for failure to report all qualified distributions, including those with a designated rollover, or an Excess Accumulation Penalty. Note : Excess-Contributions penalties are not available in the following circumstances: • if the excess is 100 or less for a participant or former participant or 250 or less for a non-participant; and • for a Roth IRA, only if the participant is no longer underage 59-1/2 when the investment occurs. • if the excess includes retirement plan contributions from a non-RRSA contribution room (if the account or plan has a contribution room), if the participant's withdrawal would be taxable, or if the excess withdrawal results from an excess accumulation of account earnings in a tax-qualified retirement plan or a Roth IRA. Excess-Contributions Penalty If you are under 59-years-old and file a non-routine return, you are subject to “excess-contribution penalty” and do not have to pay it if you: · are under 59-years-old and are not a qualified participant; · have made a regular deposit into a qualified retirement plan or a SIMPLE IRA; or · have made contributions into a qualified retirement plan, or a SIMPLE IRA plan, that have reduced your tax return or required the payment of an underpayment. It isn't a penalty to withdraw the qualified amount or the excess tax-free amount if the required minimum distribution is taken under Section 219 of the Internal Revenue Code, or Section 511(j) of the Code (if an individual who is underage 59-1/2 has failed to timely file an income tax return). It isn't a penalty to withdraw money in a qualified plan other than for an account that is subject to the excess-contribution penalty.

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