Table of Contents
Use Form 5329 to report additional taxes on:
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IRAs,
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Other qualified retirement plans,
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Modified endowment contracts,
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Coverdell ESAs,
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QTPs,
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Archer MSAs, or
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HSAs.
You must file Form 5329 if any of the following apply, except you do not have to file Form 5329 to report a qualified disaster recovery assistance distribution.
Note.
You do not have to file Form 5329 if distribution code 1 is correctly shown in box 7 of all Forms 1099-R and you owe the additional
tax on each Form 1099-R. Instead, see the instructions for Form 1040, line 58, or Form 1040NR, line 54, for how to report
the additional 10% tax directly on that line.
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You received an early distribution from a Roth IRA, the amount on line 23 of Form 8606, Nondeductible IRAs, is more than zero, and you are required to enter an amount that is more than zero on Form 5329, line 1 (see Exception for Roth IRA Distributions on page 2).
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You received an early distribution subject to the tax on early distributions from a qualified retirement plan (other than a Roth IRA) and distribution code 1 is not shown in box 7 of Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.
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You meet an exception to the tax on early distributions and distribution code 1 is shown in box 7 of Form 1099-R.
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You meet an exception to the tax on early distributions from the list on page 3 but box 7 of your Form 1099-R does not indicate an exception or the exception does not apply to the entire distribution.
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You received taxable distributions from Coverdell ESAs or QTPs.
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The contributions for 2009 to your traditional IRAs, Roth IRAs, Coverdell ESAs, Archer MSAs, or HSAs exceed your maximum contribution limit, or you had a tax due from an excess contribution on line 17, 25, 33, 41, or 49 of your 2008 Form 5329.
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You did not receive the minimum required distribution from your qualified retirement plan. However, for 2009, you are not required to take a minimum distribution from your defined contribution plan or IRA. See Waiver of required minimum distributions for 2009 on page 6 for more information.
If you rolled over part or all of a distribution from a qualified retirement plan, the part rolled over is not subject to the additional tax on early distributions. See the instructions for Form 1040, lines 15a and 15b or lines 16a and 16b; Form 1040A, lines 11a and 11b or 12a and 12b; or Form 1040NR, lines 16a and 16b or 17a and 17b, for how to report the rollover.
File Form 5329 with your 2009 Form 1040 or Form 1040NR by the due date, including extensions, of your Form 1040 or Form 1040NR.
If you do not have to file a 2009 income tax return, complete and file Form 5329 by itself at the time and place you would be required to file Form 1040 or Form 1040NR. Be sure to include your address on page 1 and your signature and the date on page 2. Enclose, but do not attach, a check or money order payable to “United States Treasury” for any taxes due. Write your SSN and “2009 Form 5329” on the check. For information on other payment options, including credit or debit card payments, see the instructions for Form 1040 or Form 1040NR, or go to www.irs.gov.
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A qualified pension, profit-sharing, or stock bonus plan (including a 401(k) plan),
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A tax-sheltered annuity contract,
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A qualified annuity plan, and
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An IRA.
Note.
Modified endowment contracts are not qualified retirement plans.
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