2016
Department of the Treasury
Internal Revenue Service
Instructions for Form 5329
Additional Taxes on Qualified Plans (Including IRAs)
and Other Tax-Favored Accounts
from a qualified retirement plan (other
instructions for Form 1040 or Form
Section references are to the Internal Revenue
Code unless otherwise noted.
than a Roth IRA), you meet an
1040NR, or go to IRS.gov.
exception
to the tax on early
General Instructions
Prior tax years. If you are filing Form
distributions from the list shown later,
5329 for a prior year, you must use the
but box 7 of your Form 1099-R does not
prior year's version of the form. If you do
Future Developments
indicate an exception or the exception
not have any other changes and have
does not apply to the entire distribution.
For the latest information about
not previously filed a federal income tax
You received taxable distributions
developments related to Form 5329 and
return for the prior year, file the prior
from Coverdell ESAs, QTPs, or ABLE
its instructions, such as legislation
year's version of Form 5329 by itself
accounts.
enacted after they were published, go to
(discussed earlier). If you have other
The contributions for 2016 to your
changes, file Form 5329 for the prior
traditional IRAs, Roth IRAs, Coverdell
year with Form 1040X, Amended U.S.
Purpose of Form
ESAs, Archer MSAs, HSAs, or ABLE
Individual Income Tax Return.
accounts exceed your maximum
Use Form 5329 to report additional
contribution limit, or you had a tax due
Definitions
taxes on:
from an excess contribution on line 17,
IRAs,
25, 33, 41, or 49 of your 2015 Form
Qualified retirement plan. A qualified
Other qualified retirement plans,
5329.
retirement plan includes:
Modified endowment contracts,
You did not receive the minimum
A qualified pension, profit-sharing, or
Coverdell ESAs,
required distribution from your qualified
stock bonus plan (including a 401(k)
QTPs,
retirement plan. This also includes trusts
plan),
Archer MSAs,
and estates that did not receive this
A tax-sheltered annuity contract,
HSAs, or
amount.
A qualified annuity plan, and
ABLE accounts.
An IRA.
If you rolled over part or all of a
Who Must File
distribution from a qualified
TIP
Note. Modified endowment contracts
retirement plan, the part rolled
You must file Form 5329 if any of the
are not qualified retirement plans.
over is not subject to the 10% additional
following apply.
Traditional IRAs. For purposes of
tax on early distributions. See the
You received an early distribution
Form 5329, a traditional IRA is any IRA,
instructions for Form 1040, lines 15a
from a Roth IRA, the amount on line 23
including a simplified employee pension
and 15b or lines 16a and 16b; Form
of Form 8606, Nondeductible IRAs, is
(SEP) IRA, other than a SIMPLE IRA or
1040A, lines 11a and 11b or 12a and
more than zero, and you are required to
Roth IRA.
12b; or Form 1040NR, lines 16a and
enter an amount that is more than zero
16b or 17a and 17b, for how to report
on Form 5329, line 1 (see
Distributions
Early distribution. Generally, any
the rollover.
from Roth
IRAs, later).
distribution from your IRA, other
You received an early distribution
qualified retirement plan, or modified
When and Where To File
subject to the tax on early distributions
endowment contract before you reach
from a qualified retirement plan (other
age 59
is an early distribution.
1
File Form 5329 with your 2016 Form
2
than a Roth IRA). However, if
1040 or Form 1040NR by the due date,
Qualified retirement plan or in-plan
distribution code 1 is correctly shown in
including extensions, of your Form 1040
Roth rollover. Generally, a rollover is a
box 7 of all your Forms 1099-R, and you
or Form 1040NR.
tax-free distribution of assets from one
owe the additional tax on each Form
qualified retirement plan that is
If you do not have to file a 2016
1099-R, you do not have to file Form
reinvested in another plan or the same
income tax return, complete and file
5329. Instead, see the instructions for
plan. Generally, you must complete the
Form 5329 by itself at the time and
Form 1040, line 59, or Form 1040NR,
rollover within 60 days of receiving the
place you would be required to file Form
line 57, for how to report the 10%
distribution. Any taxable amount not
1040 or Form 1040NR. If you file Form
additional tax directly on that line.
rolled over must be included in income
5329 by itself, then it can’t be filed
You received an early distribution
and may be subject to the 10%
electronically. Be sure to include your
subject to the tax on early distributions
additional tax on early distributions.
address on page 1 of the form and your
from a qualified retirement plan (other
signature and the date on page 2 of the
You can roll over (convert) amounts
than a Roth IRA), you meet an
form. Enclose, but do not attach, a
from a qualified retirement plan to a
exception
to the tax on early
check or money order payable to
Roth IRA. Any amount rolled over to a
distributions from the list shown later,
“United States Treasury” for any taxes
Roth IRA is subject to the same rules for
and distribution code 1 is shown in
due. Write your SSN and “2016 Form
converting a traditional IRA to a Roth
box 7 of Form 1099-R.
5329” on the check. For information on
IRA. You must include in your gross
You received an early distribution
other payment options, including credit
income distributions from a qualified
subject to the tax on early distributions
or debit card payments, see the
Sep 14, 2016
Cat. No. 13330R