U.S. Individual Income Tax Return

2010

Instructions for Form 5329

Department of the Treasury
Internal Revenue Service

Additional Taxes on Qualified Plans (Including IRAs)
and Other Tax-Favored Accounts
Section references are to the Internal
Revenue Code unless otherwise noted.

General Instructions
What’s New
In-plan rollovers to designated Roth
accounts. After September 27, 2010,
if you are a plan participant in a 401(k)
or 403(b) plan, your plan may permit
you to roll over amounts from those
plans to a designated Roth account
within the same plan (in-plan Roth
rollover). The rollover of any untaxed
amounts must be included in income. If
you take an early distribution from your
designated Roth account, allocable to
an in-plan Roth rollover, the distribution
may be subject to the 10% additional
tax on early distributions. See In-plan
Roth Rollovers on page 2 for more
details.
Qualified charitable distributions
(QCDs). You can elect to have QCDs
made in January 2011, treated as if
made in 2010. If you make this election
the QCDs will count toward your
minimum required distribution for 2010.
See Qualified charitable distributions in
Pub. 590, Individual Retirement
Arrangements (IRAs) for more
information.

Purpose of Form

Use Form 5329 to report additional
taxes on:
• IRAs,
• Other qualified retirement plans,
• Modified endowment contracts,
• Coverdell ESAs,
• QTPs,
• Archer MSAs, or
• HSAs.

Who Must File

You must file Form 5329 if any of the
following apply.
• You received an early distribution
from a Roth IRA, the amount on line 30
of Form 8606, Nondeductible IRAs, is
more than zero, and you are required to
enter an amount that is more than zero
on Form 5329, line 1 (see Exception for
Roth IRA Distributions on page 2).
• You received an early distribution
subject to the tax on early distributions
from a qualified retirement plan (other
than a Roth IRA). However, if
distribution code 1 is correctly shown in
box 7 of all your Forms 1099-R, and
you owe the additional tax on each
Form 1099-R, you do not have to file
Form 5329. Instead, see the

instructions for Form 1040, line 58, or
Form 1040NR, line 56, for how to report
the additional 10% tax directly on that
line.
• You received an early distribution
subject to the tax on early distributions
from a qualified retirement plan (other
than a Roth IRA), you meet an
exception to the tax on early
distributions, and distribution code 1 is
shown in box 7 of Form 1099-R.
• You received an early distribution
subject to the tax on early distributions
from a qualified retirement plan (other
than a Roth IRA), you meet an
exception to the tax on early
distributions from the list on page 3 but
box 7 of your Form 1099-R does not
indicate an exception or the exception
does not apply to the entire distribution.
• You received taxable distributions
from Coverdell ESAs or QTPs.
• The contributions for 2010 to your
traditional IRAs, Roth IRAs, Coverdell
ESAs, Archer MSAs, or HSAs exceed
your maximum contribution limit, or you
had a tax due from an excess
contribution on line 17, 25, 33, 41, or 49
of your 2009 Form 5329.
• You did not receive the minimum
required distribution from your qualified
retirement plan.
If you rolled over part or all of a
distribution from a qualified
retirement plan, the part rolled
over is not subject to the additional tax
on early distributions. See the
instructions for Form 1040, lines 15a
and 15b or lines 16a and 16b; Form
1040A, lines 11a and 11b or 12a and
12b; or Form 1040NR, lines 16a and
16b or 17a and 17b, for how to report
the rollover.
TIP

When and Where To File

File Form 5329 with your 2010 Form
1040 or Form 1040NR by the due date,
including extensions, of your Form
1040 or Form 1040NR.
If you do not have to file a 2010
income tax return, complete and file
Form 5329 by itself at the time and
place you would be required to file
Form 1040 or Form 1040NR. Be sure
to include your address on page 1 and
your signature and the date on page 2.
Enclose, but do not attach, a check or
money order payable to “United States
Treasury” for any taxes due. Write your
SSN and “2010 Form 5329” on the
check. For information on other
payment options, including credit or
debit card payments, see the
Cat. No. 13330R

instructions for Form 1040 or Form
1040NR, or go to IRS.gov.
Prior tax years. If you are filing Form
5329 for a prior year, you must use that
year’s version of the form. If you do not
have other changes and have not
previously filed a federal income tax
return for that year, file Form 5329 by
itself (discussed earlier). If you have
other changes, file Form 5329 for that
year with Form 1040X, Amended U.S.
Individual Income Tax Return.

Definitions
Qualified retirement plan. A qualified
retirement plan includes:
• A qualified pension, profit-sharing, or
stock bonus plan (including a 401(k)
plan),
• A tax-sheltered annuity contract,
• A qualified annuity plan, and
• An IRA.
For purposes of the additional tax on
early distributions, an eligible
governmental section 457 deferred
compensation plan is treated as a
qualified retirement plan, but only to the
extent that a distribution is attributable
to an amount transferred from a
qualified retirement plan (defined
above).
Note. Modified endowment contracts
are not qualified retirement plans.
Traditional IRAs. For purposes of
Form 5329, a traditional IRA is any IRA,
including a simplified employee pension
(SEP) IRA, other than a SIMPLE IRA or
Roth IRA.
Early distribution. Generally, any
distribution from your IRA, other
qualified retirement plan, or modified
endowment contract before you reach
age 591/2 is an early distribution.
Rollover. Generally, a rollover is a
tax-free distribution of assets from one
qualified retirement plan that is
reinvested in another plan or the same
plan. Generally, you must complete the
rollover within 60 days of receiving the
distribution. Any taxable amount not
rolled over must be included in income
and may be subject to the additional tax
on early distributions.
You can roll over (convert) amounts
from a qualified retirement plan to a
Roth IRA. Any amount rolled over to a
Roth IRA is subject to the same rules
for converting a traditional IRA to a
Roth IRA. You must include in your
gross income distributions from a
qualified retirement plan that you would
have had to include in income if you

had not rolled them into a Roth IRA.
Generally, the 10% tax on early
distributions does not apply. For more
information, see chapter 2 of Pub. 590.
After September 27, 2010, if you are
a participant in a 401(k) or 403(b) plan,
your plan may permit you to roll over
amounts from those plans to a
designated Roth account within the
same plan (in-plan Roth rollover). The
rollover of any untaxed amounts must
be included in income. Generally, the
10% tax on early distributions does not
apply. For more information, see Pub.
575.
The IRS may waive the 60-day
requirement if failing to waive it would
be against equity or good conscience,
such as situations where a casualty,
disaster, or other events beyond your
reasonable control prevented you from
meeting the 60-day requirement. Also,
the 60-day period may be extended if
you had a frozen deposit. See Pub. 590
for details.
Compensation. Compensation
includes wages, salaries, tips, bonuses,
and other pay you receive for services
you perform. It also includes sales
commissions, commissions on
insurance premiums, and pay based on
a percentage of profits. It includes net
earnings from self-employment, but
only for a trade or business in which
your personal services are a material
income-producing factor.
For IRA purposes, earned income
does not include any self-employed
health insurance deduction you used in
figuring the amount to enter on
Schedule SE, line 3.
For IRAs, treat nontaxable combat
pay and any differential wage
payments, and all taxable alimony
received under a decree of divorce or
separate maintenance as
compensation.
Compensation does not include any
amounts received as a pension or
annuity and does not include any
amount received as deferred
compensation.
Taxable compensation is your
compensation that is included in gross
income reduced by any deductions on
Form 1040 or Form 1040NR, lines 27
and 28, but not by any loss from
self-employment.

Additional Information

See Pub. 590; Pub. 560, Retirement
Plans for Small Business; Pub. 575,
Pension and Annuity Income; Pub. 969,
Health Savings Accounts and Other
Tax-Favored Health Plans; Pub. 970,
Tax Benefits for Education; and Pub.
4492-B, Information for Affected
Taxpayers in the Midwestern Disaster
Areas.

Specific Instructions
Joint returns. If both you and your
spouse are required to file Form 5329,
complete a separate form for each of
you. Include the combined tax on Form
1040, line 58.
Amended returns. If you are filing an
amended 2010 Form 5329, check the
box at the top of page 1 of the form. Do
not use the 2010 Form 5329 to amend
your return for any other year. Instead,
see Prior tax years on page 1.

Part I—Additional Tax
on Early Distributions

In general, if you receive an early
distribution (including an involuntary
cashout) from an IRA, other qualified
retirement plan, or modified endowment
contract, the part of the distribution
included in income generally is subject
to an additional 10% tax. But see
Exception for Roth IRA Distributions on
this page.
The additional tax on early
distributions does not apply to any of
the following:
• A qualified HSA funding distribution
from an IRA (other than a SEP or
SIMPLE IRA). See Pub. 969 for details.
• A distribution from a traditional or
SIMPLE IRA that was converted to a
Roth IRA.
• A rollover from a qualified retirement
plan to a Roth IRA.
• In-plan rollover to a designated Roth
account.
• A distribution of certain excess IRA
contributions (see the instructions for
line 15 on page 4 and the instructions
for line 23 on page 5).
Note. Any related earnings withdrawn
with excess contributions are subject to
the additional tax on early distributions
if you were under age 591/2 at the time
of the distribution.
• A distribution of excess contributions
from a qualified cash or deferred
arrangement.
• A distribution of excess aggregate
contributions to meet nondiscrimination
requirements for employee
contributions and matching employer
contributions.
• A distribution of excess deferrals.
• A distribution from an eligible
governmental section 457 deferred
compensation plan to the extent the
distribution is not attributable to an
amount transferred from a qualified
retirement plan (excluding an eligible
section 457 deferred compensation
plan).
See the instructions for line 2 on
page 3 for other distributions that are
not subject to the tax.

Line 1
Enter the amount of early distributions
included in income that you received
from:
• A qualified retirement plan, including
earnings on withdrawn excess

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contributions to your IRAs included in
income in 2010, or
• A modified endowment contract
entered into after June 20, 1988.
Certain prohibited transactions, such
as borrowing from your IRA or pledging
your IRA assets as security for a loan,
are considered to be distributions and
may also cause you to owe the
additional tax on early distributions. See
Pub. 590 for details.
In-plan Roth Rollovers. If you
received an early distribution from your
designated Roth account, you must
include on line 1 the amount allocable
to the taxable amount of the in-plan
Roth rollover. This amount is the
smaller of (a) Form 8606, line 23; or (b)
the amount in the box to the far left of
box 10 of your 2010 Form 1099-R. Also
include on line 1 any amount in box 2a
of this 2010 Form 1099-R. For more
information on in-plan Roth rollovers,
see Pub. 575.

Exception for Roth IRA
Distributions
If you received an early distribution
from a Roth IRA, first allocate the
amount on your 2010 Form 8606, line
26, in the order shown, to the amounts
on the lines listed below (to the extent a
prior year distribution was not allocable
to the amount).
• Your 2010 Form 8606, line 27.
• Your 2010 Form 8606, line 29.
• Your 1998 Form 8606, line 16.
• Your 1998 Form 8606, line 15.
• Your 1999 Form 8606, line 16.
• Your 1999 Form 8606, line 15.
• Your 2000 Form 8606, line 16.
• Your 2000 Form 8606, line 15.
• Your 2001 Form 8606, line 18.
• Your 2001 Form 8606, line 17.
• Your 2002 Form 8606, line 18.
• Your 2002 Form 8606, line 17.
• Your 2003 Form 8606, line 18.
• Your 2003 Form 8606, line 17.
• Your 2004 Form 8606, line 18.
• Your 2004 Form 8606, line 17.
• Your 2005 Form 8606, line 18.
• Your 2005 Form 8606, line 17.
• Your 2006 Form 8606, line 18.
• Your 2006 Form 8606, line 17.
• Your 2007 Form 8606, line 18.
• Your 2007 Form 8606, line 17.
• Your 2008 Form 8606, line 18.
• Your 2008 Form 8606, line 17.
• Your 2008 Form 1040, line 16b;
Form 1040A, line 12b; or Form
1040NR, line 17b.*
• Your 2008 Form 1040, line 16a;
Form 1040A, line 12a; or Form
1040NR, line 17a.**
• Your 2009 Form 8606, line 18.
• Your 2009 Form 8606, line 17.
• Your 2009 Form 1040, line 16b;
Form 1040A, line 12b; or Form
1040NR, line 17b.*
• Your 2009 Form 1040, line 16a;
Form 1040A, line 12a; or Form
1040NR, line 17a.**
• Your 2010 Form 8606, line 18.
• Your 2010 Form 8606, line 17.
• Your 2010 Form 8606, line 23.
• Your 2010 Form 8606, line 22.
Instructions for Form 5329 (2010)

• Your 2010 Form 8606, line 36.
*Only include those amounts rolled over
to a Roth IRA.
**Only include any contributions
(usually Form 1099-R, box 5) that were
taxable to you when made and rolled
over to a Roth IRA.
Then, include on line 1 of Form 5329
the amount from your 2010 Form 8606,
line 36, plus the amount, if any,
allocated to the amount on your 2010
Form 8606, line 27, and the amount, if
any, allocated to line 18 of your 2006
through 2010 Forms 8606, and line 23
of your 2010 Form 8606. You need to
also include on line 1, any amounts
allocated to your 2008 and 2009 Forms
1040, line 16b; Forms 1040A, line 12b;
and Form 1040NR, line 17b. Also
include the amount, if any, from your
2010 Form 8606, line 27, on Form
5329, line 2, and enter exception
number 09.
If you entered amounts on your
2010 Form 8606, lines 20a and
CAUTION
20b, or 25a and 25b (for Roth
IRA rollovers), see Additional Tax on
Early Distributions in chapter 2 of Pub.
590 for the amount to enter on Form
5329, line 1.
Note. Do not include any amounts
attributable to in-plan Roth rollovers
reported on your 2010 Form 8606, lines
22, 23, and 36. Also, if you were
instructed to enter -0- on your 2010
Form 8606, line 27, for this purpose,
figure any allocation for line 27 as if you
entered your qualified first-homebuyer
distributions on Form 8606, line 27.
Example. You converted $20,000
from a traditional IRA to a Roth IRA in
2006 and converted $10,000 in 2007.
Your 2006 Form 8606 had $5,000 on
line 17 and $15,000 on line 18 and your
2007 Form 8606 had $3,000 on line 17
and $7,000 on line 18. You made Roth
IRA contributions of $2,000 for 2006
and 2007. You did not make any Roth
IRA conversions or contributions for
2008 through 2010, or take any Roth
IRA distributions before 2010.
On July 9, 2010, at age 53, you took
a $33,000 distribution from your Roth
IRA. Your 2010 Form 8606 shows
$33,000 on line 26; $29,000 on line 30
($33,000 minus $4,000 for your
contributions on line 29) and $0 on line
36 ($29,000 minus your basis in
conversions of $30,000).
First, $4,000 of the $33,000 is
allocated to your 2010 Form 8606, line
29; then $15,000 to your 2006 Form
8606, line 18; $5,000 to your 2006
Form 8606, line 17; and $7,000 to your
2007 Form 8606, line 18. The
remaining $2,000 is allocated to the
$3,000 on your 2007 Form 8606, line
17. On line 1, enter $22,000 ($15,000
allocated to your 2006 Form 8606, line
18, plus the $7,000 that was allocated
to your 2007 Form 8606, line 18).
If you take a Roth IRA distribution in
2011, the first $1,000 will be allocated

!

Instructions for Form 5329 (2010)

to the $1,000 remaining from your 2007
Form 8606, line 17, and will not be
subject to the additional tax on early
distributions.
Additional information. For more
details, see Are Distributions Taxable?
in Pub. 590.

Line 2
The additional tax on early distributions
does not apply to the distributions
described below. Enter on line 2 the
amount that can be excluded. In the
space provided, enter the applicable
exception number (01-12).
No. Exception
01 Qualified retirement plan distributions
(does not apply to IRAs) you receive
after separation from service in or after
the year you reach age 55 (age 50 for
qualified public safety employees).
02 Distributions made as part of a series of
substantially equal periodic payments
(made at least annually) for your life (or
life expectancy) or the joint lives (or joint
life expectancies) of you and your
designated beneficiary (if from an
employer plan, payments must begin
after separation from service).
03 Distributions due to total and permanent
disability.
04 Distributions due to death (does not
apply to modified endowment contracts).
05 Qualified retirement plan distributions up
to (1) the amount you paid for
unreimbursed medical expenses during
the year minus (2) 7.5% of your
adjusted gross income for the year.
06 Qualified retirement plan distributions
made to an alternate payee under a
qualified domestic relations order (does
not apply to IRAs).
07 IRA distributions made to unemployed
individuals for health insurance
premiums.
08 IRA distributions made for higher
education expenses.
09 IRA distributions made for purchase of a
first home, up to $10,000.
10 Distributions due to an IRS levy on the
qualified retirement plan.
11 Qualified distributions to reservists while
serving on active duty for at least 180
days.
12 Other (see Other, below). Also, enter
this code if more than one exception
applies.

Other. The following exceptions also
apply.
• Distributions incorrectly indicated as
early distributions by code 1, J, or S in
box 7 of Form 1099-R. Include on line 2
the amount you received when you
were age 591/2 or older.
• Distributions from a section 457 plan,
which are not from a rollover from a
qualified retirement plan.

-3-

• Distributions from a plan maintained

by an employer if:
1. You separated from service by
March 1, 1986;
2. As of March 1, 1986, your entire
interest was in pay status under a
written election that provides a specific
schedule for distribution of your entire
interest; and
3. The distribution is actually being
made under the written election.
• Distributions that are dividends paid
with respect to stock described in
section 404(k).
• Distributions from annuity contracts
to the extent that the distributions are
allocable to the investment in the
contract before August 14, 1982.
For additional exceptions that apply
to annuities, see Pub. 575.

Line 4
If any amount on line 3 was a
distribution from a SIMPLE IRA
received within 2 years from the date
you first participated in the SIMPLE IRA
plan, you must multiply that amount by
25% instead of 10%. These
distributions are included in boxes 1
and 2a of Form 1099-R and are
designated with code S in box 7.

Part II—Additional Tax
on Certain Distributions
From Education
Accounts
Line 6
This tax does not apply to distributions
that are includible in income if:
• Made due to the death or disability of
the beneficiary;
• Made on account of a tax-free
scholarship, allowance, or payment
described in section 25A(g)(2);
• Made because of attendance by the
beneficiary at a U.S. military academy.
This exception applies only to the
extent that the distribution does not
exceed the costs of advanced
education (as defined in title 10 of the
U.S. Code) at the academy; or
• Included in income because you
used the qualified education expenses
to figure the American opportunity and
lifetime learning credits.
Enter on line 6 the portion of line 5
that is excluded.

Part III—Additional Tax
on Excess Contributions
to Traditional IRAs

If you contributed more for 2010 than is
allowable or you had an amount on line
17 of your 2009 Form 5329, you may
owe this tax. But you may be able to
avoid the tax on any 2010 excess
contributions (see the instructions for
line 15 on page 4).

Line 9
Enter the amount from line 16 of your
2009 Form 5329 only if the amount on
line 17 of your 2009 Form 5329 is more
than zero.

Line 10
If you contributed less to your
traditional IRAs for 2010 than your
contribution limit for traditional IRAs,
enter the difference.
If you are not married filing jointly,
your contribution limit for traditional
IRAs is the smaller of your taxable
compensation (see page 2) or $5,000
($6,000 if age 50 or older at the end of
2010). If you are married filing jointly,
your contribution limit is generally
$5,000 ($6,000 if age 50 or older at the
end of 2010) and your spouse’s
contribution limit is $5,000 ($6,000 if
age 50 or older at the end of 2010). But
if the combined taxable compensation
for you and your spouse is less than
$10,000 ($11,000 if one spouse is 50 or
older at the end of 2010; $12,000 if
both spouses are 50 or older at the end
of 2010), see How Much Can Be
Contributed? in Pub. 590 for special
rules.
Also include on line 11a or 11b (line
11 for Form 1040NR) of the IRA
Deduction Worksheet in the instructions
for Form 1040 or Form 1040NR, line
32, the smaller of (a) Form 5329, line
10, or (b) the excess, if any, of Form
5329, line 9, over the sum of Form
5329, lines 11 and 12.

Line 11
Enter on line 11 any withdrawals from
your traditional IRAs that are included
in your income. Do not include any
withdrawn contributions reported on
line 12.

Line 12
Enter any excess contributions to your
traditional IRAs for 1976 through 2008
that you had returned to you in 2010
and any 2009 excess contributions that
you had returned to you in 2010 after
the due date (including extensions) of
your 2009 income tax return, that are
included on line 9, if:
• You did not claim a deduction for the
excess contributions and no traditional
IRA deduction was allowable (without
regard to the modified AGI limitation)
for the excess contributions, and
• The total contributions to your
traditional IRAs for the tax year for
which the excess contributions were
made were not more than the amounts
shown in the following table.

Year(s)

Contribution Contribution
limit
limit if age
50 or older
at the end of
the year

2008 or
2009

$5,000

$6,000

2007 or
2006

$4,000

$5,000

2005

$4,000

$4,500

2002
through
2004

$3,000

$3,500

1997
through
2001

$2,000

—

before
1997

$2,250

—

If the total contributions for the year
included employer contributions to a SEP,
increase that amount by the smaller of the
amount of the employer contributions or:
2009

$49,000

2008

$46,000

2007

$45,000

2006

$44,000

2005

$42,000

2004

$41,000

2003 or 2002

$40,000

2001

$35,000

before 2001

$30,000

Line 15
Enter the excess of your contributions
to traditional IRAs for 2010 (unless
withdrawn — see below) over your
contribution limit for traditional IRAs.
See the instructions for line 10 on page
3 to figure your contribution limit for
traditional IRAs. Any amount you
contribute for the year in which you
reach age 701/2 or a later year is an
excess contribution because your
contribution limit is zero. Do not include
rollovers in figuring your excess
contributions.
You can withdraw some or all of your
excess contributions for 2010 and they
will not be treated as having been
contributed if:
• You make the withdrawal by the due
date, including extensions, of your 2010
tax return,
• You do not claim a traditional IRA
deduction for the withdrawn
contributions, and
• You withdraw any earnings on the
withdrawn contribution and include the
earnings in gross income (see the
Instructions for Form 8606 for details).
Also, if you had not reached age 591/2
at the time of the withdrawal, include
the earnings as an early distribution on
line 1 of Form 5329 for the year in
which you report the earnings.

-4-

If you timely filed your return without
withdrawing the excess contributions,
you can still make the withdrawal no
later than 6 months after the due date
of your tax return, excluding extensions.
If you do, file an amended return with
“Filed pursuant to section 301.9100-2”
written at the top. Report any related
earnings for 2010 on the amended
return and include an explanation of the
withdrawal. Make any other necessary
changes on the amended return (for
example, if you reported the
contributions as excess contributions
on your original return, include an
amended Form 5329 reflecting that the
withdrawn contributions are no longer
treated as having been contributed).

Part IV—Additional Tax
on Excess Contributions
to Roth IRAs
If you contributed more to your Roth
IRA for 2010 than is allowable or you
had an amount on line 25 of your 2009
Form 5329, you may owe this tax. But
you may be able to avoid the tax on
any 2010 excess contributions (see the
instructions for line 23 on page 5).

Line 18
Enter the amount from line 24 of your
2009 Form 5329 only if the amount on
line 25 of your 2009 Form 5329 is more
than zero.

Line 19
If you contributed less to your Roth
IRAs for 2010 than your contribution
limit for Roth IRAs, enter the difference.
Your contribution limit for Roth IRAs is
generally your contribution limit for
traditional IRAs (see the instructions for
line 10 on page 3) reduced by the
amount you contributed to traditional
IRAs. But your contribution limit for
Roth IRAs may be further reduced or
eliminated if your modified AGI for Roth
IRA purposes is over:
• $167,000 if married filing jointly or
qualifying widow(er),
• $0 if married filing separately and you
lived with your spouse at any time in
2010, or
• $105,000 for any other taxpayer.
See Pub. 590 for details.

Line 20
Generally, enter the amount from Form
8606, line 26, plus any qualified
distributions. But if you withdrew the
entire balance of all your Roth IRAs, do
not enter less than the amount on Form
5329, line 18 (see Example).
Example. You contributed $1,000
to a Roth IRA in 2008, your only
contribution to Roth IRAs. In 2010, you
discovered you were not eligible to
contribute to a Roth IRA in 2008. On
September 9, 2010, you withdrew $800,
the entire balance in the Roth IRA. You
must file Form 5329 for 2008 and 2009
to pay the additional taxes for those
Instructions for Form 5329 (2010)

years. When you complete Form 5329
for 2010, you enter $1,000 (not $800)
on line 20, because you withdrew the
entire balance.

Line 23
Enter the excess of your contributions
to Roth IRAs for 2010 (unless
withdrawn — see below) over your
contribution limit for Roth IRAs (see the
instructions for line 19 on page 4).
Do not include rollovers from another
Roth IRA or designated Roth account in
figuring your excess contributions.
You can withdraw some or all of your
excess contributions for 2010 and they
will not be treated as having been
contributed if:
• You make the withdrawal by the due
date, including extensions, of your 2010
tax return, and
• You withdraw any earnings on the
withdrawn contributions and include the
earnings in gross income (see the
Instructions for Form 8606 for details).
Also, if you had not reached age 591/2
at the time of the withdrawal, include
the earnings as an early distribution on
line 1 of Form 5329 for the year in
which you report the earnings.
Note. A Form 5329 is not required if
the excess Roth IRA contributions are
not treated as having been contributed
and you do not have any earnings to
report as early distributions on the form.
If you timely filed your return without
withdrawing the excess contributions,
you can still make the withdrawal no
later than 6 months after the due date
of your tax return, excluding extensions.
If you do, file an amended return with
“Filed pursuant to section 301.9100-2”
written at the top. Report any related
earnings for 2010 on the amended
return and include an explanation of the
withdrawal. Make any other necessary
changes on the amended return (for
example, if you reported the
contributions as excess contributions
on your original return, include an
amended Form 5329 reflecting that the
withdrawn contributions are no longer
treated as having been contributed).

Part V—Additional Tax
on Excess Contributions
to Coverdell ESAs

Line 27

Line 35

Enter the excess, if any, of the
maximum amount that can be
contributed to your Coverdell ESAs for
2010 (see the instructions for line 31
below) over the amount actually
contributed for 2010.

If your contribution limit for your Archer
MSAs (the smaller of line 3 or line 4 of
Form 8853, Archer MSAs and
Long-Term Care Insurance Contracts)
is greater than the contributions to your
Archer MSAs for 2010, enter the
difference on line 35. Also include on
your 2010 Form 8853, line 5, the
smaller of:
• Form 5329, line 35, or
• The excess, if any, of Form 5329,
line 34, over Form 5329, line 36.

Line 28
Enter your total distributions from
Coverdell ESAs in 2010. Do not include
rollovers or returned excess
contributions.

Line 31
Enter the excess of the contributions to
your Coverdell ESAs for 2010 (not
including rollovers) over your
contribution limit for Coverdell ESAs.
Your contribution limit is the smaller of
$2,000 or the sum of the maximum
amounts allowed to be contributed by
the contributor(s) to your Coverdell
ESAs. The maximum contribution may
be limited based on the contributor’s
modified AGI. See Pub. 970 for details.
You can withdraw some or all of the
excess contributions for 2010 and they
will not be treated as having been
contributed if:
• You make the withdrawal before
June 1, 2011, and
• You also withdraw any income
earned on the withdrawn contributions
and include the earnings in gross
income for the year in which the
contribution was made.
If you filed your return without
withdrawing the excess contributions,
you can still make the withdrawal, but it
must be made before June 1, 2011. If
you do, file an amended return. Report
any related earnings for 2010 on the
amended return and include an
explanation of the withdrawal. Make
any other necessary changes on the
amended return (for example, if you
reported the contributions as excess
contributions on your original return,
include an amended Form 5329
reflecting that the withdrawn
contributions are no longer treated as
having been contributed).

Part VI—Additional Tax
on Excess Contributions
to Archer MSAs

If the contributions to your Coverdell
ESAs for 2010 were more than is
allowable or you had an amount on line
33 of your 2009 Form 5329, you may
owe this tax. But you may be able to
avoid the tax on any 2010 excess
contributions (see the instructions for
line 31 later).

If you or your employer contributed
more to your Archer MSA for 2010 than
is allowable or you had an amount on
line 41 of your 2009 Form 5329, you
may owe this tax. But you may be able
to avoid the tax on any 2010 excess
contributions (see the instructions for
line 39 later).

Line 26

Line 34

Enter the amount from line 32 of your
2009 Form 5329 only if the amount on
line 33 of your 2009 Form 5329 is more
than zero.
Instructions for Form 5329 (2010)

Enter the amount from line 40 of your
2009 Form 5329 only if the amount on
line 41 of your 2009 Form 5329 is more
than zero.

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Line 39
Enter the excess of your contributions
to your Archer MSA for 2010 (from
Form 8853, line 2) over your
contribution limit (the smaller of line 3 or
line 4 of Form 8853). Also include on
line 39 any excess contributions your
employer made. See the Instructions
for Form 8853 for details.
However, you can withdraw some or
all of the excess contributions for 2010
and they will not be treated as having
been contributed if:
• You make the withdrawal by the due
date, including extensions, of your 2010
tax return, and
• You withdraw any income earned on
the withdrawn contributions and include
the earnings in gross income for the
year in which you receive the withdrawn
contributions and earnings.
Include the withdrawn contributions
and related earnings on Form 8853,
lines 6a and 6b.
If you timely filed your return without
withdrawing the excess contributions,
you can still make the withdrawal no
later than 6 months after the due date
of your tax return, excluding extensions.
If you do, file an amended return with
“Filed pursuant to section 301.9100-2”
written at the top. Report any related
earnings for 2010 on the amended
return and include an explanation of the
withdrawal. Make any other necessary
changes on the amended return (for
example, if you reported the
contributions as excess contributions
on your original return, include an
amended Form 5329 reflecting that the
withdrawn contributions are no longer
treated as having been contributed).

Part VII—Additional Tax
on Excess Contributions
to Health Savings
Accounts (HSAs)

If you, someone on your behalf, or your
employer contributed more to your
HSAs for 2010 than is allowable or you
had an amount on line 49 of your 2009
Form 5329, you may owe this tax. But
you may be able to avoid the tax on
any 2010 excess contributions (see the
instructions for line 47 on page 6).

Line 43
If your contribution limit for your HSAs
(line 12 of Form 8889, Health Savings

Accounts (HSAs)) is greater than the
contributions you made to your HSAs
(or those made on your behalf) for 2010
(Form 8889, line 2), enter the difference
on line 43. Also include on your 2010
Form 8889, line 13, the smaller of:
• Form 5329, line 43, or
• The excess, if any, of Form 5329,
line 42, over Form 5329, line 44.

Line 47
Enter the excess of your contributions
(including those made on your behalf)
to your HSAs for 2010 (Form 8889, line
2) over your contribution limit (Form
8889, line 12). Also include on line 47
any excess contributions your employer
made. See the instructions for Form
8889 for details.
However, you can withdraw some or
all of the excess contributions for 2010
and they will not be treated as having
been contributed if:
• You make the withdrawal by the due
date, including extensions, of your 2010
return, and
• You withdraw any income earned on
the withdrawn contributions and include
the earnings in gross income for the
year in which you receive the withdrawn
contributions and earnings.
Include the withdrawn contributions
and related earnings on Form 8889,
lines 14a and 14b.
If you timely filed your return without
withdrawing the excess contributions,
you can still make the withdrawal no
later than 6 months after the due date
of your tax return, excluding extensions.
If you do, file an amended return with
“Filed pursuant to section 301.9100-2”
written at the top. Report any related
earnings for 2010 on the amended
return and include an explanation of the
withdrawal. Make any other necessary
changes on the amended return (for
example, if you reported the
contributions as excess contributions
on your original return, include an
amended Form 5329 reflecting that the
withdrawn contributions are no longer
treated as having been contributed).

Part VIII—Additional Tax
on Excess Accumulation
in Qualified Retirement
Plans (Including IRAs)
You owe this tax if you do not receive
the required minimum distribution from
your qualified retirement plan, including
an IRA or an eligible section 457
deferred compensation plan. The
additional tax is 50% of the excess
accumulation — the difference between
the amount that was required to be
distributed and the amount that was
actually distributed. The tax is due for
the tax year that includes the last day
by which the minimum required
distribution is required to be taken.

Required Distributions
IRA (other than a Roth IRA). You
must start receiving distributions from
your IRA by April 1 of the year following
the year in which you reach age 701/2.
At that time, you can receive your entire
interest in the IRA or begin receiving
periodic distributions. If you choose to
receive periodic distributions, you must
receive a minimum required distribution
each year. You can figure the minimum
required distribution by dividing the
account balance of your IRAs (other
than Roth IRAs) on December 31 of the
year preceding the distribution by the
applicable life expectancy. For
applicable life expectancies, see Pub.
590.
If the trustee, custodian, or issuer of
your IRA informs you of the minimum
required distribution, you can use that
amount.
If you have more than one IRA, you
can take the minimum required
distribution from any one or more of the
individual IRAs.
For more details on the minimum
distribution rules (including examples),
see Pub. 590.
A qualified charitable distribution
TIP made in January 2011 may
count towards your 2010
minimum required distribution. Be sure
to enter this amount on line 51. See
Qualified charitable distributions in
chapter 1 of Pub. 590 for more
information.
Roth IRA. There are no minimum
required distributions during the lifetime
of the owner of a Roth IRA. Following
the death of the Roth IRA owner,
required distribution rules apply to the
beneficiary. See Pub. 590 for details.
Qualified retirement plans (other
than IRAs) and eligible section 457
deferred compensation plans. In
general, you must begin receiving
distributions from your plan no later
than April 1 following the later of (a) the
year in which you reach age 701/2 or (b)
the year in which you retire.
Exception. If you owned more than
5% of the employer maintaining the
plan, you must begin receiving
distributions no later than April 1 of the
year following the year in which you
reach age 701/2, regardless of when you
retire.
Your plan administrator should figure
the amount that must be distributed
each year. See Pub. 590 for more
information on making this election.
Waiver of tax. The IRS can waive part
or all of this tax if you can show that
any shortfall in the amount of
distributions was due to reasonable
error and you are taking reasonable
steps to remedy the shortfall. If you
believe you qualify for this relief, attach
a statement of explanation and file
Form 5329 as follows.
1. Complete lines 50 and 51 as
instructed.

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2. Enter “RC” and the amount you
want waived in parentheses on the
dotted line next to line 52. Subtract this
amount from the total shortfall you
figured without regard to the waiver,
and enter the result on line 52.
3. Complete line 53 as instructed.
You must pay any tax due that is
reported on line 53.
The IRS will review the information
you provide and decide whether to
grant your request for a waiver.
For more details, see Pub. 590.
Privacy Act and Paperwork
Reduction Act Notice. We ask for the
information on this form to carry out the
Internal Revenue laws of the United
States. We need this information to
ensure that you are complying with
these laws and to allow us to figure and
collect the right amount of tax. You are
required to give us this information if
you made certain contributions or
received certain distributions from
qualified plans, including IRAs, and
other tax-favored accounts. Our legal
right to ask for the information
requested on this form is sections
6001, 6011, 6012(a), and 6109 and
their regulations. If you do not provide
this information, or you provide
incomplete or false information, you
may be subject to penalties.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records
relating to a form or its instructions
must be retained as long as their
contents may become material in the
administration of any Internal Revenue
law. Generally, tax returns and return
information are confidential, as required
by section 6103. However, we may give
this information to the Department of
Justice for civil and criminal litigation,
and to cities, states, the District of
Columbia, and U.S. commonwealths
and possessions to carry out their tax
laws. We may also disclose this
information to other countries under a
tax treaty, to federal and state agencies
to enforce federal nontax criminal laws,
or to federal law enforcement and
intelligence agencies to combat
terrorism.
The average time and expenses
required to complete and file this form
will vary depending on individual
circumstances. For the estimated
averages, see the instructions for your
income tax return.
If you have suggestions for making
this form simpler, we would be happy to
hear from you. See the instructions for
your income tax return.

Instructions for Form 5329 (2010)