There are penalties for overstating the amount of nondeductible contributions and for failure to file Form 8606, if required.
This chapter discusses those acts that you should avoid and the additional taxes and other costs, including loss of IRA status, that apply if you do not avoid those acts.
Generally, a prohibited transaction is any improper use of your traditional IRA account or annuity by you, your beneficiary, or any disqualified person.
Disqualified persons include your fiduciary and members of your family (spouse, ancestor, lineal descendant, and any spouse of a lineal descendant).
Generally, if you or your beneficiary engages in a prohibited transaction in connection with your traditional IRA account at any time during the year, the account stops being an IRA as of the first day of that year.
If you borrow money against your traditional IRA annuity contract, you must include in your gross income the fair market value of the annuity contract as of the first day of your tax year. You may have to pay the 10% additional tax on early distributions, discussed later.
If you use a part of your traditional IRA account as security for a loan, that part is treated as a distribution and is included in your gross income. You may have to pay the 10% additional tax on early distributions, discussed later.
Your account or annuity does not lose its IRA treatment if your employer or the employee association with whom you have your traditional IRA engages in a prohibited transaction.
If you participate in the prohibited transaction with your employer or the association, your account is no longer treated as an IRA.
If someone other than the owner or beneficiary of a traditional IRA engages in a prohibited transaction, that person may be liable for certain taxes. In general, there is a 15% tax on the amount of the prohibited transaction and a 100% additional tax if the transaction is not corrected.
If your traditional IRA invests in collectibles, the amount invested is considered distributed to you in the year invested. You may have to pay the 10% additional tax on early distributions, discussed later.
Your IRA can invest in one, one-half, one-quarter, or one-tenth ounce U.S. gold coins, or one-ounce silver coins minted by the Treasury Department. It can also invest in certain platinum coins and certain gold, silver, palladium, and platinum bullion.
The taxable compensation limit applies whether your contributions are deductible or nondeductible.
An excess contribution could be the result of your contribution, your spouse's contribution, your employer's contribution, or an improper rollover contribution. If your employer makes contributions on your behalf to a SEP IRA, see Publication 560.
In general, if the excess contributions for a year are not withdrawn by the date your return for the year is due (including extensions), you are subject to a 6% tax. You must pay the 6% tax each year on excess amounts that remain in your traditional IRA at the end of your tax year. The tax cannot be more than 6% of the combined value of all your IRAs as of the end of your tax year.
For 2009, Paul Jones is 45 years old and single, his compensation is $31,000, and he contributed $5,500 to his traditional IRA. Paul has made an excess contribution to his IRA of $500 ($5,500 minus the $5,000 limit). The contribution earned $5 interest in 2009 and $6 interest in 2010 before the due date of the return, including extensions. He does not withdraw the $500 or the interest it earned by the due date of his return, including extensions.
You will not have to pay the 6% tax if you withdraw an excess contribution made during a tax year and you also withdraw any interest or other income earned on the excess contribution. You must complete your withdrawal by the date your tax return for that year is due, including extensions. taxmap/pubs/p590-013.htm#en_us_publink1000230880
Do not include in your gross income an excess contribution that you withdraw from your traditional IRA before your tax return is due if both of the following conditions are met.
- No deduction was allowed for the excess contribution.
- You withdraw the interest or other income earned on the excess contribution.
You can take into account any loss on the contribution while it was in the IRA when calculating the amount that must be withdrawn. If there was a loss, the net income you must withdraw may be a negative amount.
In most cases, the net income you must transfer will be determined by your IRA trustee or custodian. If you need to determine the applicable net income you need to withdraw, you can use the same method that was used in Worksheet 1-3, earlier.taxmap/pubs/p590-013.htm#en_us_publink1000230881
You must include in your gross income the interest or other income that was earned on the excess contribution. Report it on your return for the year in which the excess contribution was made. Your withdrawal of interest or other income may be subject to an additional 10% tax on early distributions, discussed later. taxmap/pubs/p590-013.htm#en_us_publink1000230882
You will receive Form 1099-R indicating the amount of the withdrawal. If the excess contribution was made in a previous tax year, the form will indicate the year in which the earnings are taxable. taxmap/pubs/p590-013.htm#en_us_publink1000230883
Maria, age 35, made an excess contribution in 2009 of $1,000, which she withdrew by April 15, 2010, the due date of her return. At the same time, she also withdrew the $50 income that was earned on the $1,000. She must include the $50 in her gross income for 2009 (the year in which the excess contribution was made). She must also pay an additional tax of $5 (the 10% additional tax on early distributions because she is not yet 591/2 years old), but she does not have to report the excess contribution as income or pay the 6% excise tax. Maria receives a Form 1099-R showing that the earnings are taxable for 2009.taxmap/pubs/p590-013.htm#en_us_publink1000230884
In general, you must include all distributions (withdrawals) from your traditional IRA in your gross income. However, if the following conditions are met, you can withdraw excess contributions from your IRA and not include the amount withdrawn in your gross income.
- Total contributions (other than rollover contributions) for 2009 to your IRA were not more than $5,000 ($6,000 if you are age 50 or older or $8,000 for certain individuals whose employers went into bankruptcy).
- You did not take a deduction for the excess contribution being withdrawn.
The withdrawal can take place at any time, even after the due date, including extensions, for filing your tax return for the year.
If you deducted an excess contribution in an earlier year for which the total contributions were not more than the maximum deductible amount for that year ($2,000 for 2001 and earlier years, $3,000 for 2002 through 2004 ($3,500 if you were age 50 or older), $4,000 for 2005 ($4,500 if you were age 50 or older), $4,000 for 2006 or 2007 ($5,000 if you were age 50 or older), $5,000 for 2008 ($6,000 if you were age 50 or older)), you can still remove the excess from your traditional IRA and not include it in your gross income. To do this, file Form 1040X, Amended U.S. Individual Income Tax Return, for that year and do not deduct the excess contribution on the amended return. Generally, you can file an amended return within 3 years after you filed your return, or 2 years from the time the tax was paid, whichever is later. taxmap/pubs/p590-013.htm#en_us_publink1000230886
If an excess contribution in your traditional IRA is the result of a rollover and the excess occurred because the information the plan was required to give you was incorrect, you can withdraw the excess contribution. The limits mentioned above are increased by the amount of the excess that is due to the incorrect information. You will have to amend your return for the year in which the excess occurred to correct the reporting of the rollover amounts in that year. Do not include in your gross income the part of the excess contribution caused by the incorrect information. taxmap/pubs/p590-013.htm#en_us_publink1000230887
You cannot apply an excess contribution to an earlier year even if you contributed less than the maximum amount allowable for the earlier year. However, you may be able to apply it to a later year if the contributions for that later year are less than the maximum allowed for that year.
You can deduct excess contributions for previous years that are still in your traditional IRA. The amount you can deduct this year is the lesser of the following two amounts.
- Your maximum IRA deduction for this year minus any amounts contributed to your traditional IRAs for this year.
- The total excess contributions in your IRAs at the beginning of this year.
This method lets you avoid making a withdrawal. It does not, however, let you avoid the 6% tax on any excess contributions remaining at the end of a tax year.
To figure the amount of excess contributions for previous years that you can deduct this year, see Worksheet 1-6.
Worksheet 1-6. Excess Contributions Deductible This YearUse this worksheet to figure the amount of excess contributions from prior years you can deduct this year.
| 1. ||Maximum IRA deduction for the current year|| 1. || |
| 2. ||IRA contributions for the current year|| 2. || |
| 3. ||Subtract line 2 from line 1. If zero (0) or less, enter zero|| 3. || |
| 4. ||Excess contributions in IRA at beginning of year|| 4. || |
| 5. ||Enter the lesser of line 3 or line 4. This is the amount of excess contributions for previous years that you can deduct this year|| 5. || |
Teri was entitled to contribute to her traditional IRA and deduct $1,000 in 2008 and $1,500 in 2009 (the amounts of her taxable compensation for these years). For 2008, she actually contributed $1,400 but could deduct only $1,000. In 2008, $400 is an excess contribution subject to the 6% tax. However, she would not have to pay the 6% tax if she withdrew the excess (including any earnings) before the due date of her 2008 return. Because Teri did not withdraw the excess, she owes excise tax of $24 for 2008. To avoid the excise tax for 2009, she can correct the $400 excess amount from 2008 in 2009 if her actual contributions are only $1,100 for 2009 (the allowable deductible contribution of $1,500 minus the $400 excess from 2008 she wants to treat as a deductible contribution in 2009). Teri can deduct $1,500 in 2009 (the $1,100 actually contributed plus the $400 excess contribution from 2008). This is shown on the following worksheet.
Worksheet 1-6. Example—IllustratedUse this worksheet to figure the amount of excess contributions from prior years you can deduct this year.
| 1. ||Maximum IRA deduction for the current year|| 1. || 1,500 |
| 2. ||IRA contributions for the current year|| 2. || 1,100 |
| 3. ||Subtract line 2 from line 1. If zero (0) or less, enter zero|| 3. || 400 |
| 4. ||Excess contributions in IRA at beginning of year|| 4. || 400 |
| 5. ||Enter the lesser of line 3 or line 4. This is the amount of excess contributions for previous years that you can deduct this year|| 5. || 400 |
A special rule applies if you incorrectly deducted part of the excess contribution in a closed tax year (one for which the period to assess a tax deficiency has expired). The amount allowable as a traditional IRA deduction for a later correction year (the year you contribute less than the allowable amount) must be reduced by the amount of the excess contribution deducted in the closed year.
To figure the amount of excess contributions for previous years that you can deduct this year if you incorrectly deducted part of the excess contribution in a closed tax year, see Worksheet 1-7. taxmap/pubs/p590-013.htm#en_us_publink1000230894
Worksheet 1-7. Excess Contributions Deductible This Year if Any Were Deducted in a Closed Tax YearUse this worksheet to figure the amount of excess contributions for prior years that you can deduct this year if you incorrectly deducted excess contributions in a closed tax year.
| 1. ||Maximum IRA deduction for the current year|| 1. || |
| 2. ||IRA contributions for the current year|| 2. || |
| 3. ||If line 2 is less than line 1, enter any excess contributions that were deducted in a closed tax year. Otherwise, enter zero (0)|| 3. || |
| 4. ||Subtract line 3 from line 1|| 4. || |
| 5. ||Subtract line 2 from line 4. If zero (0) or less, enter zero|| 5. || |
| 6. ||Excess contributions in IRA at beginning of year|| 6. || |
| 7. ||Enter the lesser of line 5 or line 6. This is the amount of excess contributions for previous years that you can deduct this year|| 7. || |taxmap/pubs/p590-013.htm#en_us_publink1000230898
You must include early distributions of taxable amounts from your traditional IRA in your gross income. Early distributions are also subject to an additional 10% tax
, as discussed later.
Early distributions generally are amounts distributed from your traditional IRA account or annuity before you are age 591/2, or amounts you receive when you cash in retirement bonds before you are age 591/2. taxmap/pubs/p590-013.htm#en_us_publink1000230899
Generally, if you are under age 591/2, you must pay a 10% additional tax on the distribution of any assets (money or other property) from your traditional IRA. Distributions before you are age 591/2 are called early distributions.
The 10% additional tax applies to the part of the distribution that you have to include in gross income. It is in addition to any regular income tax on that amount.
You may have to pay a 25%, rather than a 10%, additional tax if you receive distributions from a SIMPLE IRA before you are age 591
. See Additional Tax on Early Distributions
under When Can You Withdraw or Use Assets? in chapter 3.
There are several exceptions to the age 591
rule. Even if you receive a distribution before you are age 591
, you may not have to pay the 10% additional tax if you are in one of the following situations.
- You have unreimbursed medical expenses that are more than 7.5% of your adjusted gross income.
- The distributions are not more than the cost of your medical insurance.
- You are disabled.
- You are the beneficiary of a deceased IRA owner.
- You are receiving distributions in the form of an annuity.
- The distributions are not more than your qualified higher education expenses.
- You use the distributions to buy, build, or rebuild a first home.
- The distribution is due to an IRS levy of the qualified plan.
- The distribution is a qualified reservist distribution.
Most of these exceptions are explained below.
Distributions that are timely and properly rolled over, as discussed earlier, are not subject to either regular income tax or the 10% additional tax. Certain withdrawals of excess contributions after the due date of your return are also tax free and therefore not subject to the 10% additional tax. (See Excess Contributions Withdrawn After Due Date of Return
, earlier.) This also applies to transfers incident to divorce, as discussed earlier under Can You Move Retirement Plan Assets
Early distributions (with or without your consent) from savings institutions placed in receivership are subject to this tax unless one of the above exceptions applies. This is true even if the distribution is from a receiver that is a state agency. taxmap/pubs/p590-013.htm#en_us_publink1000230910
Even if you are under age 591
, you do not have to pay the 10% additional tax on distributions that are not more than:
- The amount you paid for unreimbursed medical expenses during the year of the distribution, minus
- 7.5% of your adjusted gross income (defined later) for the year of the distribution.
You can only take into account unreimbursed medical expenses that you would be able to include in figuring a deduction for medical expenses on Schedule A, Form 1040. You do not have to itemize your deductions to take advantage of this exception to the 10% additional tax.
This is the amount on Form 1040, line 38; Form 1040A, line 22; or Form 1040NR, line 36.taxmap/pubs/p590-013.htm#en_us_publink1000230912
Even if you are under age 591
, you may not have to pay the 10% additional tax on distributions during the year that are not more than the amount you paid during the year for medical insurance for yourself, your spouse, and your dependents. You will not have to pay the tax on these amounts if all of the following conditions apply.
- You lost your job.
- You received unemployment compensation paid under any federal or state law for 12 consecutive weeks because you lost your job.
- You receive the distributions during either the year you received the unemployment compensation or the following year.
- You receive the distributions no later than 60 days after you have been reemployed.
If you become disabled before you reach age 591/2, any distributions from your traditional IRA because of your disability are not subject to the 10% additional tax.
You are considered disabled if you can furnish proof that you cannot do any substantial gainful activity because of your physical or mental condition. A physician must determine that your condition can be expected to result in death or to be of long, continued, and indefinite duration. taxmap/pubs/p590-013.htm#en_us_publink1000230914
If you die before reaching age 591/2, the assets in your traditional IRA can be distributed to your beneficiary or to your estate without either having to pay the 10% additional tax.
However, if you inherit a traditional IRA from your deceased spouse and elect to treat it as your own (as discussed under What if You Inherit an IRA
, earlier), any distribution you later receive before you reach age 591
may be subject to the 10% additional tax.
You can receive distributions from your traditional IRA that are part of a series of substantially equal payments over your life (or your life expectancy), or over the lives (or the joint life expectancies) of you and your beneficiary, without having to pay the 10% additional tax, even if you receive such distributions before you are age 591/2. You must use an IRS-approved distribution method and you must take at least one distribution annually for this exception to apply. The "required minimum distribution method," when used for this purpose, results in the exact amount required to be distributed, not the minimum amount.
There are two other IRS-approved distribution methods that you can use. They are generally referred to as the "fixed amortization method" and the "fixed annuitization method." These two methods are not discussed in this publication because they are more complex and generally require professional assistance. For information on these methods, see Revenue Ruling 2002-62, which is on page 710 of Internal Revenue Bulletin 2002-42 at www.irs.gov/pub/irs-irbs/irb02-42.pdf
You may have to pay an early distribution recapture tax if, before you reach age 591/2, the distribution method under the equal periodic payment exception changes (for reasons other than your death or disability). The tax applies if the method changes from the method requiring equal payments to a method that would not have qualified for the exception to the tax. The recapture tax applies to the first tax year to which the change applies. The amount of tax is the amount that would have been imposed had the exception not applied, plus interest for the deferral period.
You may have to pay the recapture tax if you do not receive the payments for at least 5 years under a method that qualifies for the exception. You may have to pay it even if you modify your method of distribution after you reach age 591/2. In that case, the tax applies only to payments distributed before you reach age 591/2.
Report the recapture tax and interest on line 4 of Form 5329. Attach an explanation to the form. Do not write the explanation next to the line or enter any amount for the recapture on lines 1 or 3 of the form. taxmap/pubs/p590-013.htm#en_us_publink1000230918
If you are receiving a series of substantially equal periodic payments, you can make a one-time switch to the required minimum distribution method at any time without incurring the additional tax. Once a change is made, you must follow the required minimum distribution method in all subsequent years.taxmap/pubs/p590-013.htm#en_us_publink1000230919
Even if you are under age 591/2, if you paid expenses for higher education during the year, part (or all) of any distribution may not be subject to the 10% additional tax. The part not subject to the tax is generally the amount that is not more than the qualified higher education expenses (defined later) for the year for education furnished at an eligible educational institution (defined later). The education must be for you, your spouse, or the children or grandchildren of you or your spouse.
When determining the amount of the distribution that is not subject to the 10% additional tax, include qualified higher education expenses paid with any of the following funds.
- Payment for services, such as wages.
- A loan.
- A gift.
- An inheritance given to either the student or the individual making the withdrawal.
- A withdrawal from personal savings (including savings from a qualified tuition program).
Do not include expenses paid with any of the following funds.
- Tax-free distributions from a Coverdell education savings account.
- Tax-free part of scholarships and fellowships.
- Pell grants.
- Employer-provided educational assistance.
- Veterans' educational assistance.
- Any other tax-free payment (other than a gift or inheritance) received as educational assistance.
Qualified higher education expenses are tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a student at an eligible educational institution. They also include expenses for special needs services incurred by or for special needs students in connection with their enrollment or attendance. In addition, if the individual is at least a half-time student, room and board are qualified higher education expenses. taxmap/pubs/p590-013.htm#en_us_publink1000230921
This is any college, university, vocational school, or other postsecondary educational institution eligible to participate in the student aid programs administered by the U.S. Department of Education. It includes virtually all accredited, public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution. taxmap/pubs/p590-013.htm#en_us_publink1000230922
Even if you are under age 591
, you do not have to pay the 10% additional tax on up to $10,000 of distributions you receive to buy, build, or rebuild a first home. To qualify for treatment as a first-time homebuyer distribution, the distribution must meet all the following requirements.
- It must be used to pay qualified acquisition costs (defined later) before the close of the 120th day after the day you received it.
- It must be used to pay qualified acquisition costs for the main home of a first-time homebuyer (defined later) who is any of the following.
- Your spouse.
- Your or your spouse's child.
- Your or your spouse's grandchild.
- Your or your spouse's parent or other ancestor.
- When added to all your prior qualified first-time homebuyer distributions, if any, total qualifying distributions cannot be more than $10,000.
If both you and your spouse are first-time homebuyers (defined later), each of you can receive distributions up to $10,000 for a first home without having to pay the 10% additional tax.
Qualified acquisition costs include the following items.
- Costs of buying, building, or rebuilding a home.
- Any usual or reasonable settlement, financing, or other closing costs.
Generally, you are a first-time homebuyer if you had no present interest in a main home during the 2-year period ending on the date of acquisition of the home which the distribution is being used to buy, build, or rebuild. If you are married, your spouse must also meet this no-ownership requirement.taxmap/pubs/p590-013.htm#en_us_publink1000230926
The date of acquisition is the date that:
- You enter into a binding contract to buy the main home for which the distribution is being used, or
- The building or rebuilding of the main home for which the distribution is being used begins.
A qualified reservist distribution is not subject to the additional tax on early distributions. taxmap/pubs/p590-013.htm#en_us_publink1000230928
A distribution you receive is a qualified reservist distribution if the following requirements are met.
- You were ordered or called to active duty after September 11, 2001.
- You were ordered or called to active duty for a period of more than 179 days or for an indefinite period because you are a member of a reserve component.
- The distribution is from an IRA or from amounts attributable to elective deferrals under a section 401(k) or 403(b) plan or a similar arrangement.
- The distribution was made no earlier than the date of the order or call to active duty and no later than the close of the active duty period.
The term "reserve component" means the:
- Army National Guard of the United States,
- Army Reserve,
- Naval Reserve,
- Marine Corps Reserve,
- Air National Guard of the United States,
- Air Force Reserve,
- Coast Guard Reserve, or
- Reserve Corps of the Public Health Service.
The additional tax on early distributions is 10% of the amount of the early distribution that you must include in your gross income. This tax is in addition to any regular income tax resulting from including the distribution in income.
Use Form 5329 to figure the tax. See the discussion of Form 5329, later, under Reporting Additional Taxes
for information on filing the form.
Tom Jones, who is 35 years old, receives a $3,000 distribution from his traditional IRA account. Tom does not meet any of the exceptions to the 10% additional tax, so the $3,000 is an early distribution. Tom never made any nondeductible contributions to his IRA. He must include the $3,000 in his gross income for the year of the distribution and pay income tax on it. Tom must also pay an additional tax of $300 (10% × $3,000). He files Form 5329. See the filled-in Form 5329.
Early distributions of funds from a SIMPLE retirement account made within 2 years of beginning participation in the SIMPLE are subject to a 25%, rather than a 10%, early distributions tax.
The tax on early distributions does not apply to the part of a distribution that represents a return of your nondeductible contributions (basis). taxmap/pubs/p590-013.htm#en_us_publink1000230936
You cannot keep amounts in your traditional IRA indefinitely. Generally, you must begin receiving distributions by April 1 of the year following the year in which you reach age 701/2. The required minimum distribution for any year after the year in which you reach age 701/2 must be made by December 31 of that later year. taxmap/pubs/p590-013.htm#en_us_publink1000230937
No minimum distribution is required from your IRA for 2009.taxmap/pubs/p590-013.htm#en_us_publink1000230938
If distributions are less than the required minimum distribution for the year, discussed earlier under When Must You Withdraw Assets? (Required Minimum Distributions)
, you may have to pay a 50% excise tax for that year on the amount not distributed as required. However, for 2009, you are not required to take a minimum distribution from your IRA. This is true even if you turn 701
in 2009 and your first distribution is not required until April 1, 2010.
Use Form 5329 to report the tax on excess accumulations. See the discussion of Form 5329, later, under Reporting Additional Taxes
, for more information on filing the form.
If the excess accumulation is due to reasonable error, and you have taken, or are taking, steps to remedy the insufficient distribution, you can request that the tax be waived. If you believe you qualify for this relief, attach a statement of explanation and complete Form 5329 as instructed under Waiver of tax in the Instructions for Form 5329.taxmap/pubs/p590-013.htm#en_us_publink1000230943
If you are unable to take required distributions because you have a traditional IRA invested in a contract issued by an insurance company that is in state insurer delinquency proceedings, the 50% excise tax does not apply if the conditions and requirements of Revenue Procedure 92-10 are satisfied. Those conditions and requirements are summarized below. Revenue Procedure 92-10 is in Cumulative Bulletin 1992-1. To obtain a copy of this revenue procedure, see Mail
in chapter 6. You can also read the revenue procedure at most IRS offices and at many public libraries.
To qualify for exemption from the tax, the assets in your traditional IRA must include an affected investment. Also, the amount of your required distribution must be determined as discussed earlier under When Must You Withdraw Assets
Affected investment means an annuity contract or a guaranteed investment contract (with an insurance company) for which payments under the terms of the contract have been reduced or suspended because of state insurer delinquency proceedings against the contracting insurance company. taxmap/pubs/p590-013.htm#en_us_publink1000230948
If your traditional IRA (or IRAs) includes assets other than your affected investment, all traditional IRA assets, including the available portion of your affected investment, must be used to satisfy as much as possible of your IRA distribution requirement. If the affected investment is the only asset in your IRA, as much of the required distribution as possible must come from the available portion, if any, of your affected investment. taxmap/pubs/p590-013.htm#en_us_publink1000230949
The available portion of your affected investment is the amount of payments remaining after they have been reduced or suspended because of state insurer delinquency proceedings. taxmap/pubs/p590-013.htm#en_us_publink1000230950
If the payments to you under the contract increase because all or part of the reduction or suspension is canceled, you must make up the amount of any shortfall in a prior distribution because of the proceedings. You make up (reduce or eliminate) the shortfall with the increased payments you receive.
You must make up the shortfall by December 31 of the calendar year following the year that you receive increased payments. taxmap/pubs/p590-013.htm#en_us_publink1000230951
Generally, you must use Form 5329 to report the tax on excess contributions, early distributions, and excess accumulations. If you must file Form 5329, you cannot use Form 1040A, Form 1040EZ, or Form 1040NR-EZ.taxmap/pubs/p590-013.htm#en_us_publink1000230952
If you must file an individual income tax return, complete Form 5329 and attach it to your Form 1040 or Form 1040NR. Enter the total additional taxes due on Form 1040, line 58, or on Form 1040NR, line 54. taxmap/pubs/p590-013.htm#en_us_publink1000230953
If you do not have to file a return, but do have to pay one of the additional taxes mentioned earlier, file the completed Form 5329 with the IRS at the time and place you would have filed Form 1040 or Form 1040NR. Be sure to include your address on page 1 and your signature and date on page 2. Enclose, but do not attach, a check or money order payable to the United States Treasury for the tax you owe, as shown on Form 5329. Write your social security number and "2009 Form 5329" on your check or money order. taxmap/pubs/p590-013.htm#en_us_publink1000230954
You do not have to use Form 5329 if either of the following situations exist.
- Distribution code 1 (early distribution) is correctly shown in box 7 of Form 1099-R. If you do not owe any other additional tax on a distribution, multiply the taxable part of the early distribution by 10% and enter the result on Form 1040, line 58, or on Form 1040NR, line 54. Put "No" to the left of the line to indicate that you do not have to file Form 5329. However, if you owe this tax and also owe any other additional tax on a distribution, do not enter this 10% additional tax directly on your Form 1040 or Form 1040NR. You must file Form 5329 to report your additional taxes.
- If you rolled over part or all of a distribution from a qualified retirement plan, the part rolled over is not subject to the tax on early distributions.