taxmap/instr2/i5329-002.htm#TXMP5e478155
Who Must File

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, a qualified recovery assistance distribution, or the timely withdrawal of an economic stimulus payment that was directly deposited into your tax-favored account (see Economic stimulus payments on this page).

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).
You received an early distribution 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.
taxmap/instr2/i5329-002.htm#TXMP3266ff5e
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 59, or Form 1040NR, line 54, for how to report the additional 10% tax directly on that line.
You meet an exception to the tax on early distributions and distribution code 1 is shown in box 7 of Form 1099-R.
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.
You received taxable distributions from Coverdell ESAs or QTPs.
The contributions for 2008 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 2007 Form 5329.
You did not receive the minimum required distribution from your qualified retirement plan.

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.

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taxmap/instr2/i5329-002.htm#TXMP5e478155Who Must File

taxmap/instr2/i5329-002.htm#TXMP5e478155
Who Must File