Other Taxes
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What about taxes on IRAs and other qualied retirement plans?
Traditional IRAs and other qualied plans allow individuals to defer paying taxes on contributions and
earnings until the funds are distributed.
If the rules for contributions and distributions are not followed, additional taxes may be due. For example,
the taxpayer must pay income tax plus an additional tax if any of the following apply:
• A distribution is taken before the individual reaches the age of 59½, is not rolled over into another quali-
ed plan or IRA, and no exception applies
• Minimum distributions are not withdrawn when required (out of scope)
• Excess contributions are not withdrawn by the due date of the return including extensions (out of scope)
If the taxpayer is under the age of 59½, earnings on excess contributions withdrawn by the due date of the
return are early distributions and subject to the 10% additional tax. Refer to the Adjustments to Income lesson for
more information.
The additional tax for each situation is outlined on Form 5329, Additional Taxes on Qualied Plans
(Including IRAs) and Other Tax-Favored Accounts.
Only Part I of Form 5329 is in scope. This part provides for the exceptions to the additional tax on part or
all of the early distributions from IRAs or qualied pension plans. The other parts of Form 5329 are out of
scope; refer taxpayers with these issues to a professional tax preparer.
Some exceptions apply only to IRA distributions, some apply only to distributions from a qualied retirement
plan, and some exceptions apply to both IRA and retirement plan distributions. Refer to the Volunteer Resource
Guide, Tab H for the list of exceptions.
Refer to the intake and interview sheet, Part III – Income, for the question regarding retirement income or
payments from pensions, annuities, and/or IRA. If yes is checked, review any Form 1099-R that reports
these payments to determine if the taxpayer is subject to the additional tax or qualies for an exception.
If Form 1099-R correctly shows code 1 in Box 7 indicating an early distribution, the additional tax applies
unless the taxpayer qualies for an exception. In some circumstances, Form 5329 is not required. Tax
software does this automatically based on entries on Form 1099-R.
Early distribution in case of birth or adoption of child
An IRA owner or a participant in a workplace-dened contribution plan, such as a 401(k) or 403(b) plan, can
withdraw up to $5,000 for the birth or adoption of a child without incurring the usual 10% additional tax on
early distributions. The distribution must be made within one year after the child is born or the adoption is
nalized and cannot be from a dened benet plan. Any time after receiving the distribution, the IRA owner
or plan participant may generally recontribute any portion of the distribution as a rollover contribution to an
eligible retirement plan, including an IRA.
Early distribution exception for public safety employees
Qualied public safety employees who receive distributions from a governmental dened benet pension
plan aren’t subject to the additional tax on early distributions. Qualied public safety employees include
those who provide police protection, reghting services, or emergency medical services for a state or
municipality, and who separated from service in or after the year they attained age 50.