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2017

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

address on page 1 of the form and your

Section references are to the Internal Revenue

Code unless otherwise noted.

than a Roth IRA), you meet an

signature and the date on page 2 of the

exception

to the tax on early

form. Enclose, but don’t attach, a check

General Instructions

distributions from the list shown later,

or money order payable to “United

and distribution code 1 is shown in

States Treasury” for any taxes due.

What’s New

box 7 of Form 1099-R.

Write your SSN and “2017 Form 5329”

You received an early distribution

on the check. For information on other

The additional tax on early distributions

subject to the tax on early distributions

payment options, including credit or

doesn’t apply to qualified disaster

from a qualified retirement plan (other

debit card payments, see the

distributions. See Form 8915A or Form

than a Roth IRA), you meet an

instructions for Form 1040 or Form

8915B, as applicable, for more details.

exception

to the tax on early

1040NR, or go to IRS.gov.

Future Developments

distributions from the list shown later,

Prior tax years. If you are filing Form

but box 7 of your Form 1099-R doesn’t

5329 for a prior year, you must use the

For the latest information about

indicate an exception or the exception

prior year's version of the form. If you

developments related to Form 5329 and

doesn’t apply to the entire distribution.

don’t have any other changes and

its instructions, such as legislation

You received taxable distributions

haven’t previously filed a federal income

enacted after they were published, go to

from Coverdell ESAs, QTPs, or ABLE

tax return for the prior year, file the prior

IRS.gov/Form5329.

accounts.

year's version of Form 5329 by itself

The contributions for 2017 to your

Purpose of Form

(discussed earlier). If you have other

traditional IRAs, Roth IRAs, Coverdell

changes, file Form 5329 for the prior

Use Form 5329 to report additional

ESAs, Archer MSAs, HSAs, or ABLE

year with Form 1040X, Amended U.S.

taxes on:

accounts exceed your maximum

Individual Income Tax Return.

IRAs,

contribution limit, or you had a tax due

Other qualified retirement plans,

from an excess contribution on line 17,

Definitions

Modified endowment contracts,

25, 33, 41, or 49 of your 2016 Form

Coverdell ESAs,

5329.

Qualified retirement plan. A qualified

QTPs,

You didn’t receive the minimum

retirement plan includes:

Archer MSAs,

required distribution from your qualified

A qualified pension, profit-sharing, or

HSAs, or

retirement plan. This also includes trusts

stock bonus plan (including a 401(k)

ABLE accounts.

and estates that didn’t receive this

plan);

amount.

A tax-sheltered annuity contract;

Who Must File

A qualified annuity plan; and

If you rolled over part or all of a

You must file Form 5329 if any of the

An IRA.

distribution from a qualified

TIP

following apply, except you don't have

retirement plan, the part rolled

Note. Modified endowment contracts

to file Form 5329 to report a qualified

over isn’t subject to the 10% additional

aren’t qualified retirement plans.

disaster distribution.

tax on early distributions. See the

You received an early distribution

Traditional IRAs. For purposes of

instructions for Form 1040, lines 15a

from a Roth IRA, the amount on line 23

Form 5329, a traditional IRA is any IRA,

and 15b or lines 16a and 16b; Form

of Form 8606, Nondeductible IRAs, is

including a simplified employee pension

1040A, lines 11a and 11b or 12a and

more than zero, and you are required to

(SEP) IRA, other than a SIMPLE IRA or

12b; or Form 1040NR, lines 16a and

enter an amount that is more than zero

Roth IRA.

16b or 17a and 17b, for how to report

on Form 5329, line 1 (see

Distributions

the rollover.

Early distribution. Generally, any

from Roth

IRAs, later).

distribution from your IRA, other

You received an early distribution

When and Where To File

qualified retirement plan, or modified

subject to the tax on early distributions

endowment contract before you reach

from a qualified retirement plan (other

File Form 5329 with your 2017 Form

age 59

is an early distribution.

than a Roth IRA). However, if

1040 or Form 1040NR by the due date,

distribution code 1 is correctly shown in

including extensions, of your Form 1040

Qualified retirement plan or in-plan

box 7 of all your Forms 1099-R, and you

or Form 1040NR.

Roth rollover. Generally, a rollover is a

owe the additional tax on each Form

tax-free distribution of assets from one

1099-R, you don’t have to file Form

If you don’t have to file a 2017

qualified retirement plan that is

5329. Instead, see the instructions for

income tax return, complete and file

reinvested in another plan or the same

Form 5329 by itself at the time and

Form 1040, line 59, or Form 1040NR,

plan. Generally, you must complete the

line 57, for how to report the 10%

place you would be required to file Form

rollover within 60 days of receiving the

additional tax directly on that line.

1040 or Form 1040NR. If you file Form

distribution. Any taxable amount not

5329 by itself, then it can’t be filed

You received an early distribution

rolled over must be included in income

subject to the tax on early distributions

electronically. Be sure to include your

Jan 22, 2018

Cat. No. 13330R

Instructions For Form 5329 - Additional Taxes On Qualified Plans (Including Iras) And Other Tax-Favored Accounts - 2017

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