If you contributed more to your Roth IRA for 2009 than is allowable or you had an amount on line 25 of your 2008 Form 5329, you may owe this tax. But you may be able to avoid the tax on any 2009 excess contributions (see the instructions for line 23 on this page). taxmap/instr2/i5329-008.htm#TXMP29b0190e
Enter the amount from line 24 of your 2008 Form 5329 only if the amount on line 25 of your 2008 Form 5329 is more than zero.taxmap/instr2/i5329-008.htm#TXMP2a58730b
If you contributed less to your Roth IRAs for 2009 than your contribution limit for Roth IRAs, enter the difference. Your contribution limit for Roth IRAs is generally your contribution limit for traditional IRAs (see the instructions for line 10 on page 3) reduced by the amount you contributed to traditional IRAs. But your contribution limit for Roth IRAs may be further reduced or eliminated if your modified AGI for Roth IRA purposes is over:
See Pub. 590 for details.taxmap/instr2/i5329-008.htm#TXMP33f04179
Generally, enter the amount from Form 8606, line 19, plus any qualified distributions. But if you withdrew the entire balance of all your Roth IRAs, do not enter less than the amount on Form 5329, line 18 (see Example).
You contributed $1,000 to a Roth IRA in 2007, your only contribution to Roth IRAs. In 2009, you discovered you were not eligible to contribute to a Roth IRA in 2007. On September 9, 2009, you withdrew $800, the entire balance in the Roth IRA. You must file Form 5329 for 2007 and 2008 to pay the additional taxes for those years. When you complete Form 5329 for 2009, you enter $1,000 (not $800) on line 20, because you withdrew the entire balance.taxmap/instr2/i5329-008.htm#TXMP12f7b565
Enter the excess of your contributions to Roth IRAs for 2009 (unless withdrawn—see below) over your contribution limit for Roth IRAs (see the instructions for line 19 on this page).
Any amounts converted (including any amounts rolled over from a qualified retirement plan) to a Roth IRA are excess Roth IRA contributions if your modified AGI for Roth IRA purposes is over $100,000 or your filing status is married filing separately and you lived with your spouse at any time in 2009. See Recharacterizations in the Instructions for Form 8606 for details. Do not include rollovers from another Roth IRA or designated Roth account in figuring your excess contributions.
You can withdraw some or all of your excess contributions for 2009 and they will not be treated as having been contributed if:
If you timely filed your return without withdrawing the excess contributions, you can still make the withdrawal no later than 6 months after the due date of your tax return, excluding extensions. If you do, file an amended return with
Filed pursuant to section 301.9100-2 written at the top. Report any related earnings for 2009 on the amended return and include an explanation of the withdrawal. Make any other necessary changes on the amended return (for example, if you reported the contributions as excess contributions on your original return, include an amended Form 5329 reflecting that the withdrawn contributions are no longer treated as having been contributed).