5329 Additional Taxes on Qualified Plans (Including IRAs) and

Form

5329

Additional Taxes on Qualified Plans
(Including IRAs) and Other Tax-Favored Accounts
©

Department of the Treasury
(99)
Internal Revenue Service

©

©

2008

Attach to Form 1040 or Form 1040NR.

Attachment
Sequence No.

See separate instructions.

Name of individual subject to additional tax. If married filing jointly, see instructions.

Fill in Your Address Only
If You Are Filing This
Form by Itself and Not
With Your Tax Return

OMB No. 1545-0074

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Your social security number

Home address (number and street), or P.O. box if mail is not delivered to your home

Apt. no.

City, town or post office, state, and ZIP code

If this is an amended
return, check here ©

If you only owe the additional 10% tax on early distributions, you may be able to report this tax directly on Form 1040, line 59, or
Form 1040NR, line 54, without filing Form 5329. See the instructions for Form 1040, line 59, or for Form 1040NR, line 54.

Part I

Additional Tax on Early Distributions
Complete this part if you took a taxable distribution (other than a qualified disaster recovery assistance or qualified recovery assistance
distribution), before you reached age 591⁄ 2 , from a qualified retirement plan (including an IRA) or modified endowment contract (unless
you are reporting this tax directly on Form 1040 or Form 1040NR—see above). You may also have to complete this part to indicate
that you qualify for an exception to the additional tax on early distributions or for certain Roth IRA distributions (see instructions).

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Early distributions included in income. For Roth IRA distributions, see instructions
Early distributions included on line 1 that are not subject to the additional tax (see instructions).
Enter the appropriate exception number from the instructions:
Amount subject to additional tax. Subtract line 2 from line 1
Additional tax. Enter 10% (.10) of line 3. Include this amount on Form 1040, line 59, or Form
1040NR, line 54
Caution: If any part of the amount on line 3 was a distribution from a SIMPLE IRA, you may have
to include 25% of that amount on line 4 instead of 10% (see instructions).

Part II

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Additional Tax on Certain Distributions From Education Accounts

Complete this part if you included an amount in income, on Form 1040 or Form 1040NR, line 21, from a Coverdell
education savings account (ESA) or a qualified tuition program (QTP).
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Distributions included in income from Coverdell ESAs and QTPs
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Distributions included on line 5 that are not subject to the additional tax (see instructions)
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Amount subject to additional tax. Subtract line 6 from line 5
Additional tax. Enter 10% (.10) of line 7. Include this amount on Form 1040, line 59, or Form 1040NR, line 54
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Part III

Additional Tax on Excess Contributions to Traditional IRAs
Complete this part if you contributed more to your traditional IRAs for 2008 than is allowable or you had an amount
on line 17 of your 2007 Form 5329.

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Enter your excess contributions from line 16 of your 2007 Form 5329 (see instructions). If zero,
go to line 15
If your traditional IRA contributions for 2008 are less than your
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maximum allowable contribution, see instructions. Otherwise, enter -011
2008 traditional IRA distributions included in income (see instructions)
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2008 distributions of prior year excess contributions (see instructions)
Add lines 10, 11, and 12
Prior year excess contributions. Subtract line 13 from line 9. If zero or less, enter -0Excess contributions for 2008 (see instructions)
Total excess contributions. Add lines 14 and 15
Additional tax. Enter 6% (.06) of the smaller of line 16 or the value of your traditional IRAs on December 31, 2008
(including 2008 contributions made in 2009). Include this amount on Form 1040, line 59, or Form 1040NR, line 54

Part IV

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Additional Tax on Excess Contributions to Roth IRAs

Complete this part if you contributed more to your Roth IRAs for 2008 than is allowable or you had an amount on line
25 of your 2007 Form 5329.
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Enter your excess contributions from line 24 of your 2007 Form 5329 (see instructions). If zero, go to line 23
If your Roth IRA contributions for 2008 are less than your maximum
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allowable contribution, see instructions. Otherwise, enter -020
2008 distributions from your Roth IRAs (see instructions)
Add lines 19 and 20
Prior year excess contributions. Subtract line 21 from line 18. If zero or less, enter -0Excess contributions for 2008 (see instructions)
Total excess contributions. Add lines 22 and 23
Additional tax. Enter 6% (.06) of the smaller of line 24 or the value of your Roth IRAs on December 31, 2008
(including 2008 contributions made in 2009). Include this amount on Form 1040, line 59, or Form 1040NR, line 54

For Privacy Act and Paperwork Reduction Act Notice, see page 6 of the instructions.

Cat. No. 13329Q

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Form

5329

(2008)

Form 5329 (2008)

Part V

Page

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Additional Tax on Excess Contributions to Coverdell ESAs
Complete this part if the contributions to your Coverdell ESAs for 2008 were more than is allowable or you had an
amount on line 33 of your 2007 Form 5329.

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Enter the excess contributions from line 32 of your 2007 Form 5329 (see instructions). If zero,
go to line 31
If the contributions to your Coverdell ESAs for 2008 were less than the
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maximum allowable contribution, see instructions. Otherwise, enter -028
2008 distributions from your Coverdell ESAs (see instructions)
Add lines 27 and 28
Prior year excess contributions. Subtract line 29 from line 26. If zero or less, enter -0Excess contributions for 2008 (see instructions)
Total excess contributions. Add lines 30 and 31
Additional tax. Enter 6% (.06) of the smaller of line 32 or the value of your Coverdell ESAs on
December 31, 2008 (including 2008 contributions made in 2009). Include this amount on Form
1040, line 59, or Form 1040NR, line 54

Part VI

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Additional Tax on Excess Contributions to Archer MSAs
Complete this part if you or your employer contributed more to your Archer MSAs for 2008 than is allowable or you
had an amount on line 41 of your 2007 Form 5329.

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Enter the excess contributions from line 40 of your 2007 Form 5329 (see instructions). If zero,
go to line 39
If the contributions to your Archer MSAs for 2008 are less than the
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maximum allowable contribution, see instructions. Otherwise, enter -036
2008 distributions from your Archer MSAs from Form 8853, line 10
Add lines 35 and 36
Prior year excess contributions. Subtract line 37 from line 34. If zero or less, enter -0Excess contributions for 2008 (see instructions)
Total excess contributions. Add lines 38 and 39
Additional tax. Enter 6% (.06) of the smaller of line 40 or the value of your Archer MSAs on
December 31, 2008 (including 2008 contributions made in 2009). Include this amount on Form
1040, line 59, or Form 1040NR, line 54

Part VII

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Additional Tax on Excess Contributions to Health Savings Accounts (HSAs)
Complete this part if you, someone on your behalf, or your employer contributed more to your HSAs for 2008 than is
allowable or you had an amount on line 49 of your 2007 Form 5329.

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Enter the excess contributions from line 48 of your 2007 Form 5329. If zero, go to line 47

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If the contributions to your HSAs for 2008 are less than the maximum
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allowable contribution, see instructions. Otherwise, enter -044
2008 distributions from your HSAs from Form 8889, line 16
Add lines 43 and 44
Prior year excess contributions. Subtract line 45 from line 42. If zero or less, enter -0Excess contributions for 2008 (see instructions)
Total excess contributions. Add lines 46 and 47
Additional tax. Enter 6% (.06) of the smaller of line 48 or the value of your HSAs on December 31, 2008 (including
2008 contributions made in 2009). Include this amount on Form 1040, line 59, or Form 1040NR, line 54

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Part VIII Additional Tax on Excess Accumulation in Qualified Retirement Plans (Including IRAs)
Complete this part if you did not receive the minimum required distribution from your qualified retirement plan.
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Minimum required distribution for 2008 (see instructions)
Amount actually distributed to you in 2008
Subtract line 51 from line 50. If zero or less, enter -0Additional tax. Enter 50% (.50) of line 52. Include this amount on Form 1040, line 59, or Form 1040NR, line 54

Under penalties of perjury, I declare that I have examined this form, including accompanying attachments, and to the best of my
knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of
which preparer has any knowledge.

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Are Filing This Form
by Itself and Not With
Your Tax Return

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Firm’s name (or yours
if self-employed),
address, and ZIP code

Date

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Form

5329

(2008)