skip navigation

Search Help
Navigation Help

Topic Index
ABCDEFGHI
JKLMNOPQR
STUVWXYZ#

Affordable Care Act
Tax Topic Index

International
Tax Topic Index

FAQs
Forms
Publications
Tax Topics

Comments
About Tax Map

IRS.gov Website
Instructions for Form 5329
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e308

taxmap/instr2/i5329-005.htm#TXMP7e46e67e
Additional Information(p2)

rule
See the following publications for more information about the items in these instructions:
taxmap/instr2/i5329-005.htm#TXMP5090f243

taxmap/instr2/i5329-005.htm#TXMP1fd955ff
Specific Instructions (p2)

rule
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e324
taxmap/instr2/i5329-005.htm#TXMP65f6219f
Joint returns.(p2)
rule
If both you and your spouse are required to file Form 5329, complete a separate form for each of you. Include the combined tax on Form 1040, line 58.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e334
taxmap/instr2/i5329-005.htm#TXMP1e8b2b14
Amended returns.(p2)
rule
If you are filing an amended 2013 Form 5329, check the box at the top of page 1 of the form. Do not use the 2013 Form 5329 to amend your return for any other year. For information about amending a Form 5329 for a prior year, see Prior tax years, earlier.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e349

taxmap/instr2/i5329-005.htm#TXMP4a3d973b
Part I—Additional Tax on Early Distributions(p2)

rule
In general, if you receive an early distribution (including an involuntary cashout) from an IRA, other qualified retirement plan, or modified endowment contract, the part of the distribution included in income generally is subject to the 10% additional tax. But see Distributions from a designated Roth account and Distributions from Roth IRAs, later.
The additional tax on early distributions does not apply to any of the following:
See the instructions for line 2, later, for other distributions that are not subject to the tax.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e437

taxmap/instr2/i5329-005.htm#TXMP0aea1b16
Line 1(p2)

rule
Enter the amount of early distributions included in income that you received from:
Certain prohibited transactions, such as borrowing from your IRA or pledging your IRA assets as security for a loan, are considered to be distributions and may also cause you to owe the additional tax on early distributions. See Prohibited Transactions under What Acts Result in Penalties or Additional Taxes? in Pub. 590 for details.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e464
taxmap/instr2/i5329-005.htm#TXMP199d452f
Distributions from a designated Roth account.(p2)
rule
If you received an early distribution from your designated Roth account, include on line 1 the amount of the distribution that you must include in your income. You will find this amount in box 2a of your 2013 Form 1099-R. You may also need to include a recapture amount on line 1 if you have ever made an in-plan Roth rollover (discussed next).
taxtip
If you never made an in-plan Roth rollover, you only need to include on line 1 of this form the amount from box 2a of your 2013 Form 1099-R reporting the early distribution.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e480
taxmap/instr2/i5329-005.htm#TXMP3fe1ca4c
Recapture amount subject to the additional tax on early distributions.
(p2)
spacer

If you have ever made an in-plan Roth rollover and you received an early distribution for 2013, the recapture amount to include on line 1 is a portion of amounts you rolled over.
The recapture amount that you must include on line 1 will not exceed the amount of your early distribution; and, for purposes of determining this recapture amount, a rollover amount (or portion of a rollover) will only be allocated to an early distribution once.
For more information about the recapture amount for distributions from a designated Roth account, including how to calculate it, see Tax on Early Distributions under Special Additional Taxes in Pub. 575.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e501
taxmap/instr2/i5329-005.htm#TXMP146f9fb3
Distributions from Roth IRAs.(p3)
rule
If you received an early distribution from your Roth IRAs, include on line 1 the part of the distribution that you must include in your income. You will find this amount on line 25 of your 2013 Form 8606. You will also need to include on line 1 the following amounts.
taxtip
If you did not convert or roll over an amount to your Roth IRAs in 2009 through 2013, or have a first-time homebuyer distribution, you only need to include the amount from line 25 of your 2013 Form 8606 on line 1 of this form.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e533
taxmap/instr2/i5329-005.htm#TXMP3c0c78eb
Recapture amount subject to the additional tax on early distributions.
(p3)
spacer

If you converted or rolled over an amount to your Roth IRAs in 2009 through 2013 and you received an early distribution for 2013, the recapture amount to include on line 1 is the amount, if any, of the early distribution allocated to the taxable portion of your 2009 through 2013 conversions or rollovers.
Generally, an early distribution is allocated to your Roth IRA contributions first, then to your conversions and rollovers on a first-in, first-out basis. The recapture amount is the amount of the conversion or rollover that was subject to tax in the year of the conversion or the rollover. An early distribution allocated to a conversion or rollover is first allocated to the taxable portion.
The recapture amount that you must include on line 1 will not exceed the amount of your early distribution; and, for purposes of determining this recapture amount, a contribution, conversion, or rollover amount (or portion thereof) will only be allocated to an early distribution once.
For more information about the recapture amount for distributions from a Roth IRA, including how to calculate it, see Ordering Rules for Distributions under Are Distributions Taxable? in chapter 2 of Pub. 590. Also, see the Example below that illustrates a situation where a taxpayer must include a recapture amount on line 1.

taxmap/instr2/i5329-005.htm#TXMP14a92c39
Example.(p3)

You converted $20,000 from a traditional IRA to a Roth IRA in 2009 and converted $10,000 in 2010. Your 2009 Form 8606 had $5,000 on line 17 and $15,000 on line 18 and your 2010 Form 8606 had $3,000 on line 17 and $7,000 on line 18. You made Roth IRA contributions of $2,000 for 2009 and 2010. You did not make any Roth IRA conversions or contributions for 2011 through 2013, or take any Roth IRA distributions before 2013.
On July 9, 2013, at age 53, you took a $33,000 distribution from your Roth IRA. Your 2013 Form 8606 shows $33,000 on line 19; $29,000 on line 23 ($33,000 minus $4,000 for your contributions on line 22) and $0 on line 25 ($29,000 minus your basis in conversions of $30,000).
First, $4,000 of the $33,000 is allocated to your 2013 Form 8606, line 22; then $15,000 to your 2009 Form 8606, line 18; $5,000 to your 2009 Form 8606, line 17; and $7,000 to your 2010 Form 8606, line 18. The remaining $2,000 is allocated to the $3,000 on your 2010 Form 8606, line 17. On line 1, enter $22,000 ($15,000 allocated to your 2009 Form 8606, line 18, plus the $7,000 that was allocated to your 2010 Form 8606, line 18).
If you take a Roth IRA distribution in 2014, the first $1,000 will be allocated to the $1,000 remaining from your 2010 Form 8606, line 17, and will not be subject to the additional tax on early distributions.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e577
taxmap/instr2/i5329-005.htm#TXMP15d262af
Additional information.(p3)
rule
For more details, see Are Distributions Taxable? in chapters 1 and 2 of Pub. 590.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e591

taxmap/instr2/i5329-005.htm#TXMP6c1cb550
Line 2(p3)

rule
The additional tax on early distributions does not apply to the distributions described next. Enter on line 2 the amount that can be excluded. In the space provided, enter the applicable exception number (01-12).
No. Exception
01Qualified retirement plan distributions (does not apply to IRAs) you receive after separation from service in or after the year you reach age 55 (age 50 for qualified public safety employees).
02Distributions made as part of a series of substantially equal periodic payments (made at least annually) for your life (or life expectancy) or the joint lives (or joint life expectancies) of you and your designated beneficiary (if from an employer plan, payments must begin after separation from service).
03Distributions due to total and permanent disability. 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.
04Distributions due to death (does not apply to modified endowment contracts).
05Qualified retirement plan distributions up to the amount you paid for unreimbursed medical expenses during the year minus 10% (or 7.5% if you or your spouse are age 65 or older) of your adjusted gross income for the year.
06Qualified retirement plan distributions made to an alternate payee under a qualified domestic relations order (does not apply to IRAs).
07IRA distributions made to unemployed individuals for health insurance premiums.
08IRA distributions made for higher education expenses.
09IRA distributions made for purchase of a first home, up to $10,000.
10Distributions due to an IRS levy on the qualified retirement plan.
11Qualified distributions to reservists while serving on active duty for at least 180 days.
12Other (see Other below). Also, enter this code if more than one exception applies.
  
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e769
taxmap/instr2/i5329-005.htm#TXMP34e05778
Other.(p3)
rule
The following exceptions also apply.
taxmap/instr2/i5329-005.htm#en_us_publink13330rd0e828

taxmap/instr2/i5329-005.htm#TXMP7a80ef9b
Line 4(p4)

rule
If any amount on line 3 was a distribution from a SIMPLE IRA received within 2 years from the date you first participated in the SIMPLE IRA plan, you must multiply that amount by 25% instead of 10%. These distributions are included in boxes 1 and 2a of Form 1099-R and are designated with code S in box 7.