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US Internal Revenue Service: I5329 - 1994
US Internal Revenue Service: I5329 - 1994
Paperwork Reduction Who Must File If you do not have to file Form 1040
but owe a tax on Form 5329 or
Act Notice You MUST file Form 5329 if any of the otherwise have to file Form 5329 (see
following apply. above), you must still complete and file
We ask for the information on this form
to carry out the Internal Revenue laws of ● You owe a tax on early distributions it with the IRS at the time and place you
the United States. You are required to from your qualified retirement plan would be required to file Form 1040. If
give us the information. We need it to (including an IRA), annuity, or modified you are filing your 1994 Form 5329 by
ensure that you are complying with endowment contract but distribution itself, be sure to include your address on
these laws and to allow us to figure and code 1 is not shown in box 7 of Form page 1 and your signature and date on
collect the right amount of tax. 1099-R, Distributions From Pensions, page 2. Enclose, but do not attach, a
Annuities, Retirement or Profit-Sharing check or money order payable to the
The time needed to complete and file Plans, IRAs, Insurance Contracts, etc. “Internal Revenue Service” for the total
this form will vary depending on (complete Part I). of any taxes due. Include your social
individual circumstances. The estimated
average time is: ● You meet an exception to the tax on security number and “1994 Form 5329”
early distributions, but distribution code on the check or money order.
Recordkeeping 2 hr., 24 min. 2, 3, or 4 is not shown in box 7 of Form
Learning about the 1099-R, or the distribution code shown Filing for Previous Tax Years
law or the form 31 min. is incorrect. If you are filing a Form 5329 to pay a tax
Preparing the form 1 hr., 17 min. ● You owe a tax because of excess for a previous year, you must use that
Copying, assembling, and contributions to your IRA (complete Part year’s version of the form. For example,
sending the form to the IRS 34 min. II). if you are paying tax for 1992, you must
● You owe a tax because you did not use the 1992 version of the form to
If you have comments concerning the
receive a minimum required distribution report the tax.
accuracy of these time estimates or
suggestions for making this form from your qualified retirement plan If you owe a tax for that previous year
simpler, we would be happy to hear from (complete Part III). because of an early distribution,
you. You can write to both the IRS and ● You received distributions from a complete the appropriate part of Form
the Office of Management and Budget qualified retirement plan that exceed the 5329 for that year and attach it to Form
at the addresses listed in the applicable threshold amount, whether or 1040X, Amended U.S. Income Tax
Instructions for Form 1040. DO NOT not you owe a tax (complete Part IV). Return. Be sure to include the
send this form to either of these offices. distribution as additional income on
You DO NOT have to file Form 5329 Form 1040X if not previously reported.
Instead, see When and Where To File if:
on this page. If you owe only a tax other than the
● You owe only the 10% tax on early tax on early distributions for a previous
distributions (distribution code 1 must be year, file Form 5329 by itself for that
General Instructions shown in box 7 of Form 1099-R). If you year. Be sure to include your signature
are filing Form 1040, U.S. Individual and date on page 2. Enclose, but do not
Purpose of Form Income Tax Return, do not complete attach, a check or money order payable
Form 5329. Enter 10% of the taxable to the “Internal Revenue Service” for the
Use Form 5329 to report any additional part of your distribution on Form 1040,
income tax or excise tax you may owe amount of tax due. Include your social
line 51. Write “No” on the dotted line security number, “Form 5329,” and the
in connection with your qualified next to line 51 to indicate that you do
retirement plan (including your individual year for which the form is being filed on
not have to file Form 5329. the check or money order.
retirement arrangement (IRA)), annuity, or
● You received an early distribution from
modified endowment contract.
your plan, but meet an exception to the Definitions
Do not use Form 5329 to report your tax (distribution code 2, 3, or 4 must be
deduction for contributions to your IRA. correctly shown on Form 1099-R). Qualified Retirement Plan
Report this deduction on your Form
● You rolled over the taxable part of all A qualified retirement plan includes:
1040 or 1040A. If you make
distributions you received during the
nondeductible contributions to your IRA,
year. ● A qualified pension, profit-sharing, and
use Form 8606, Nondeductible IRAs stock bonus plan (including a qualified
(Contributions, Distributions, and Basis), cash or deferred arrangement (CODA)
to report the nondeductible contribution. When and Where To File under section 401(k)),
Also, if you previously made Attach your 1994 Form 5329 to your ● A qualified annuity plan,
nondeductible IRA contributions, use 1994 Form 1040 and file both by the
Form 8606 to figure the taxable part of ● A tax-sheltered annuity contract,
due date for your Form 1040 (including
your IRA distributions. extensions). ● An individual retirement account, and
● An individual retirement annuity.
Page 2
No. Exception
01 Distribution due to death (does not Worksheet for line 7 (Keep for your records)
apply to modified endowment 1 Enter amount from line 2, column (a) or (b), IRA Worksheet 1, or line 7, column
(a) or (b), IRA Worksheet 2, in the Form 1040 Instructions, but not more than
contracts)
$2,000 ($2,250 if you contributed to your nonworking spouse’s account) 1.
02 Distribution due to total and 2 Enter amount actually contributed either to your account or to your and your
permanent disability nonworking spouse’s accounts 2.
03 Distribution made as part of a 3 Contribution credit.—Subtract line 2 from line 1 (but do not enter more than
$2,000). Enter this amount on line 7 of Form 5329. You should also add to the
series of substantially equal
amount calculated on line 3 or 8 (whichever is applicable) of IRA Worksheet 1,
periodic payments (made at least or line 9 or 19 (whichever is applicable) of IRA Worksheet 2, the smaller of
annually) for your life (or life either: (a) this amount; or (b) your earlier years’ excess contributions not
expectancy) or the joint lives (or previously eliminated 3.
joint life expectancies) of you and
your designated beneficiary (if from
a qualified employee plan, Part II—Tax on Excess Line 6
payments must begin after Contributions to Individual Enter the total amount of 1993 excess
separation from service) contributions not withdrawn from your
Retirement Arrangements
04 Distribution due to separation from IRA by the due date of your 1993
service in or after the year of If you contributed, either this year or in income tax return, plus the 1992 and
reaching age 55 (applies only to earlier years, more to your IRA than is earlier excess contributions not
qualified employee plans) allowable, you may have to pay a tax on withdrawn or otherwise eliminated
excess contributions. Your allowable before January 1, 1994.
05 Distribution to the extent you have contribution is the smaller of your
medical expenses deductible This entry should be the same as the
taxable compensation or $2,000 ($2,250 amount from line 12 of your 1993 Form
under section 213 (applies only to if you contributed to an IRA for a
qualified employee plans) 5329.
nonworking spouse).
06 Distributions made to an alternate However, you can withdraw some or Line 7
payee under a qualified domestic all of your excess contributions for 1994 If you contributed less to your IRA for
relations order (applies only to and they will not be taxed as a 1994 than your contributions limit, and
qualified employee plans) distribution if: your excess contributions from earlier
07 Other (see instructions below) ● You make the withdrawal by the due years have not been eliminated,
Other exceptions.—In addition to the date (including extensions) of your 1994 complete the worksheet above to see if
exceptions listed above, the tax does income tax return, you have a contribution credit. Do not
not apply to the following: ● You do not claim a deduction for the enter an amount on line 7 if you have an
amount of the contribution withdrawn, amount on line 5.
● Any distributions from a plan
maintained by an employer if: and
Line 8
1. You separated from service by ● You also withdraw from your IRA any
income earned on the withdrawn If you withdrew any money from your
March 1, 1986; IRA in 1994 that must be included in
contributions.
2. As of March 1, 1986, your entire your income for 1994, enter that amount
interest was in pay status under a Do not include the withdrawn
contributions as excess contributions on on line 8. Do not include any
written election that provides a specific contributions withdrawn that will be
schedule for distribution of your entire line 5.
reported on line 9.
interest; and You must include the income earned
3. The distribution is actually being on the contributions withdrawn before Line 9
made under the written election. the due date of your income tax return
on Form 1040 for the year in which you Enter any excess contributions to your
● Distributions that are dividends paid made the contribution. Also, if you had IRA for 1976 through 1992 that you
with respect to stock described in not reached age 591⁄2 at the time you withdrew in 1994, and any 1993 excess
section 404(k). received the distribution, report the contributions that you withdrew after the
● Distributions from annuity contracts to income (but not the withdrawn due date (including any extensions) for
the extent that the distributions are contributions) as an early withdrawal in your 1993 income tax return, if:
allocable to investment in the contract Part I, line 1. ● You did not claim a deduction for the
before August 14, 1982. excess, and
For additional exceptions applicable to Line 5 ● The total contributions to your IRA for
annuities, see Pub. 575. Enter the excess contributions you made the tax year for which the excess
If any of these exceptions applies, in 1994. To figure this amount, subtract contributions were made were not more
include the amount that can be your contributions limit from your actual than $2,250 (or if the total contributions
excluded on line 2. Enter Exception No. contributions. To figure your for the year included employer
07 in the space provided. contributions limit, use IRA Worksheet 1 contributions to a SEP, $2,250 increased
in the Form 1040 instructions. For this by the smaller of the amount of the
Also, if you received a Form 1099-R employer contributions to the SEP or
for a distribution that incorrectly purpose, use the amount from line 3,
column (a) or (b), or line 8 (as applicable) $30,000).
indicated an early distribution (code 1
was entered in box 7 of the Form of Worksheet 1 regardless of your
1099-R), include on line 2 the amount of adjusted gross income (AGI) and even Part III—Tax on Excess
the distribution that you received when though you use Worksheet 2 to figure Accumulation in Qualified
you were age 591⁄2 or older. Enter your IRA deduction limit.
Do not include any rollover Retirement Plans (Including
Exception No. 07 in the space provided.
contributions in figuring your excess IRAs)
contributions. If you do not receive the minimum
required distribution from your qualified
retirement plan, you have an excess
Page 3
accumulation subject to an additional retired in 1988, you were required to Line 21
tax. start receiving distributions no later than
The threshold amount depends on
For purposes of the tax on excess April 1, 1989.
whether you made a grandfather
accumulations, a qualified retirement However, if you were a 5% owner of election in 1987 or 1988 under Temp.
plan also includes an eligible deferred the employer maintaining the plan, you Regs. section 54.4981A-1T. For regular
compensation plan under section 457. must begin receiving distributions no distributions, if you did not elect the
The additional tax is equal to 50% of later than April 1 of the year following special grandfather rule, use the
the difference between the amount that the year in which you reached age 701⁄2, $150,000 threshold amount. If you made
was required to be distributed and the regardless of when you retire. a special grandfather election, use
amount that was actually distributed. Note: The IRS may waive this tax on $148,500 for 1994. For lump-sum
excess accumulations if you can show distributions, use $750,000 if you did not
Required Distributions that any shortfall in the amount of elect the special grandfather rule. If you
IRA.—You must start receiving withdrawals from your qualified made a grandfather election, the
distributions from your IRA by April 1 of retirement plan was due to reasonable threshold amount for 1994 is $742,500.
the year following the year in which you error, and that you are taking appropr iate If you made the special grandfather
reach age 701⁄2. At that time, you may steps to remedy the shortfall. If you election, use either Worksheet 1—
receive your entire interest in the IRA, or believe you qualify for this relief, file Discretionary Method or Worksheet 2—
begin receiving periodic distributions Form 5329, pay this excise tax, and Attained Age Method on page 5 to figure
over your life expectancy or over the attach your letter of explanation. If the your 1994 recovery amount and your
joint life expectancy of you and your IRS grants your request, we will send unrecovered grandfather amount for
designated beneficiary (or over a shorter you a refund. 1995. See the worksheets on page 5.
period). Attach a copy of the applicable
If you choose to receive periodic Part IV—Tax On Excess worksheet to your return if you are
distributions, you must receive a Distributions From Qualified required to file Form 5329. Also, keep
minimum required distribution each year. the completed worksheet as part of your
For each year after the year in which
Retirement Plans (Including permanent records to help you figure
you reach age 701⁄2, you must receive IRAs) your 1995 recovery amount. In the case
the minimum required distribution by Generally, if you received distributions in of your death, the executor or
December 31 of that year. 1994 from qualified retirement plans administrator of your estate will need to
Figure the minimum required (including IRAs) in excess of $150,000 know the unrecovered amount to figure
distribution by dividing the account (or $148,500 if you made a special any increase in estate tax that may be
balance of the IRA on December 31 of grandfather election), you may have to due under section 4980A(d) on
the year preceding the distribution by pay an additional 15% tax on the Schedule S of Form 706.
the applicable life expectancy. excess. See Temp. Regs. section 54.4981A-1T
For applicable life expectancies, you for more details on the two grandfather
must use the expected return multiples Line 18 recovery methods and recordkeeping
from the tables in Pub. 590 or Pub. 939, There are two types of retirement requirements.
Pension General Rule (Nonsimplified distributions: regular and lump-sum. See
Method). Form 4972 for details on distributions Line 24
Under an alternative method, if you that can be treated as lump-sum The 15% excise tax on excess
have more than one IRA, you may take distributions. You must make certain distributions is offset by the 10% tax on
the minimum distribution from any one elections under section 402 or 403, such early distributions, to the extent that the
or more of the individual IRAs. as the 5-year tax option, for those 10% tax applies to excess distributions.
For more details on the minimum distributions. If you entered an amount on line 4,
distribution rules, with examples, and If you rolled over part of a distribution, figure the offset amount, if any, as
the life expectancy tables, see Pub. 590. you must treat the entire distribution as follows.
a regular, not a lump-sum, distribution. 1. Add the amounts included on line 1
Qualified pension, profit-sharing, that were attributable to distributions
stock bonus, or section 457 deferred Line 19 from a qualified retirement plan
compensation plan.—In general, you (including an IRA), prohibited
The 15% additional tax does not apply
must begin receiving distributions from transactions, pledging of accounts as
to certain distributions specifically
your plan no later than April 1 of the security for loans, or acquisition of
excepted by the Code. Enter on line 19
year following the year in which you collectibles,
the amount that is to be excluded. In the
reach age 701⁄2.
space provided, enter the applicable 2. Subtract any amount on line 2 that
Your plan administrator figures the exception number (01–06) from the chart is attributable to the distributions
amount that must be distributed each below. included in 1 above, and
year.
No. Exception 3. Subtract line 21 from the result
Exceptions. If you reached age 701⁄2 obtained in 2 above.
before 1988 and were not a 5% owner, 01 Distribution made as a result of
or are covered by a governmental or death If the result is zero or less, you are not
church plan, you must start receiving eligible for an offset. If the result is
02 Distribution paid to an alternate greater than zero, multiply the result by
distributions from your qualified payee under a qualified domestic
retirement plan no later than April 1 10% (the rate for tax on early
relations order distributions), and enter that result on
following the later of (1) the year in
which you reached age 701⁄2, or (2) the 03 Distribution attributable to line 24.
year in which you retired. investment in contract
If you reached age 701⁄2 in 1988 but 04 Distribution rolled over
had not retired by January 1, 1989, you 05 Distribution of an annuity contract
were required to start receiving
distributions no later than April 1, 1990. 06 Distribution of excess deferrals or
If you reached age 701⁄2 in 1988 and excess contributions
Page 4
Acceleration Elections that was used for the year you are amending your return for the year of the
amending. Be sure to check the election has expired. Acceleration
If you elected the special grandfather “amended return” box on page 1 and applies to all distributions received
rule using the discretionary method, you item 1 or 2 under Acceleration during a calendar year and all later
may make (or revoke) an acceleration Elections on each applicable Form calendar years. If you have a fiscal tax
election for a prior year (and all later 5329. You may need to amend more year, you make the acceleration election
years) on a timely filed Form 1040X for than one return because an amendment on your return for your tax year that
any prior years to which the of an earlier year return to elect (or begins within the first calendar year for
discretionary method of recovery revoke) 100% acceleration will also which the election applies.
applied. Indicate on Form 1040X that require consistent treatment on later
you are amending your return to make Note: You cannot revoke a basic
year returns. grandfather election you made in 1987
(or revoke) an acceleration election
under Internal Revenue Code section An acceleration election becomes or 1988.
4980A. Attach the version of Form 5329 irrevocable once the period for
1 Remaining unrecovered grandfather amount as of 1/1/94 (from line 4 of your 1993 worksheet) 1.
4 Remaining unrecovered grandfather amount for 1995. Subtract line 3 from line 1 4.
Note: If you were born after August 1, 1951, you cannot use this method.
1 Remaining unrecovered grandfather amount as of 1/1/94 (from line 7 of your 1993 worksheet) 1.
7 Remaining unrecovered grandfather amount for 1995. Subtract line 6 from line 1 7.
Page 5