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2022

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
Future Developments

For the latest information about developments related to Form
5329 and its instructions, such as legislation enacted after they
were published, go to IRS.gov/Form5329.

Reminders
Qualified disaster distributions. The additional tax on early
distributions doesn't apply to qualified disaster distributions,
including 2020 coronavirus-related distributions. See Forms
8915-D and 8915-F, as applicable, for more details.
Maximum age for traditional IRA contributions. The age
restriction for contributions to a traditional IRA has been
eliminated.
Increase in age for mandatory distributions. Individuals who
reach age 701/2 on January 1, 2020, or later may delay
distributions until April 1 of the year following the year in which
they turn age 72.

Purpose of Form

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

Who Must File

You must file Form 5329 if any of the following apply.
• You received a distribution from a Roth IRA and either the
amount on line 25c of Form 8606, Nondeductible IRAs, is more
than zero, or the distribution includes a recapture amount
subject to the 10% additional tax, or it’s a qualified first-time
homebuyer distribution (see Distributions from Roth IRAs, later).
• You received a 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 the
full amount shown on each Form 1099-R, you don’t have to file
Form 5329. Instead, see the instructions for Schedule 2 (Form
1040), line 8, in the Instructions for Form 1040, or the
Instructions for Form 1040-NR, for how to report the 10%
additional tax directly on that line.
• You received a distribution subject to the tax on early
distributions from a qualified retirement plan (other than a Roth
IRA) and you meet an exception to the tax on early distributions
from the list shown later, but box 7 of your Form 1099-R doesn’t
indicate an exception or the exception doesn’t apply to the entire
distribution.

Oct 13, 2022

• You received taxable distributions from Coverdell ESAs,
QTPs, or ABLE accounts.
• The contributions for 2022 to your traditional IRAs, Roth IRAs,
Coverdell ESAs, Archer MSAs, HSAs, or ABLE accounts
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
2021 Form 5329.
• You didn’t receive the minimum required distribution from your
qualified retirement plan. This also includes trusts and estates
that didn’t receive this amount. See Waiver of tax for reasonable
cause, later, for information on waiving the tax on excess
accumulations in qualified retirement plans.
If you rolled over part or all of a distribution from a

TIP qualified retirement plan, the part rolled over isn’t subject

to the 10% additional tax on early distributions. See the
instructions for Form 1040, or 1040-NR, lines 4a and 4b or lines
5a and 5b, for how to report the rollover.

When and Where To File

File Form 5329 with your 2022 Form 1040, 1040-SR, or
1040-NR by the due date, including extensions, of your tax
return.
If you don’t have to file a 2022 income tax return, complete
and file Form 5329 by itself at the time and place you would be
required to file Form 1040, 1040-SR, or 1040-NR. If you file
Form 5329 by itself, then it can’t be filed electronically. Be sure
to include your address on page 1 of the form and your signature
and the date on page 2 of the form. Enclose, but don’t attach, a
check or money order payable to “United States Treasury” for
any taxes due. Write your social security number and “2022
Form 5329” on the check. For information on other payment
options, including credit or debit card payments, see the
Instructions for Form 1040 or the Instructions for Form 1040-NR,
or go to IRS.gov.
Prior tax years. If you are filing Form 5329 for a prior year, you
must use the prior year's version of the form. If you don’t have
any other changes and haven’t previously filed a federal income
tax return for the prior year, file the prior year's version of Form
5329 by itself (discussed earlier). If you have other changes, file
Form 5329 for the prior year with Form 1040-X, 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 (403(b) plan);
• A qualified annuity plan; and
• An IRA.
Note. Modified endowment contracts aren’t 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.

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Program-to-program transfer. For an ABLE account, a
program-to-program transfer includes the direct transfer of the
entire balance of an ABLE account into a second ABLE account
if both accounts have the same designated beneficiary and the
first ABLE account is closed upon completion of the transfer. A
program-to-program transfer also occurs when part or all of the
balance in an ABLE account is transferred to the ABLE account
of an eligible individual who is a member of the family of the
former designated beneficiary, as long as no intervening
distribution is made to the designated beneficiary.

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.
Qualified retirement plan 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 10% additional tax
on early distributions. The IRS may extend the 60-day rollover
period for individuals affected by a disaster.
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 hadn’t rolled them into a Roth
IRA. The 10% additional tax on early distributions doesn’t apply.
For more information, see chapter 2 of Pub. 590-A.
Pursuant to Rev. Proc. 2016-47 in Internal Revenue Bulletin
2016-37, available at IRS.gov/irb/2016-37_IRB#RP-2016-47,
you may make a written certification to a plan administrator or an
IRA trustee that you missed the 60-day rollover contribution
deadline because of one or more of the 11 reasons listed in Rev.
Proc. 2016-47. See Rev. Proc. 2016-47 for information on how
to self-certify for a waiver. Also see Time Limit for Making a
Rollover Contribution under Can You Move Retirement Plan
Assets? in Pub. 590-A for more information on ways to get a
waiver of the 60-day rollover requirement.

Additional Information

See the following publications for more information about the
items in these instructions.
• Pub. 560, Retirement Plans for Small Business.
• Pub. 575, Pension and Annuity Income.
• Pub. 590-A, Contributions to Individual Retirement
Arrangements (IRAs).
• Pub. 590-B, Distributions from Individual Retirement
Arrangements (IRAs).
• Pub. 721, Tax Guide to U.S. Civil Service Retirement
Benefits.
• Pub. 969, Health Savings Accounts and Other Tax-Favored
Health Plans.
• Pub. 970, Tax Benefits for Education.

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 Schedule 2 (Form 1040), line 8.

Note. The following were effective as of January 1, 2018.
• A qualified plan loan offset is a type of plan loan offset that
meets certain requirements. In order to be a qualified plan loan
offset, the loan, at the time of the offset, must be a loan in good
standing and the offset must be solely by reason of (1) the
termination of the qualified employer plan, or (2) the failure to
meet the repayment terms is because the employee has a
severance from employment. If you meet the requirements of a
qualified plan loan offset, you have until the due date, including
extensions, to file your tax return for the tax year in which the
offset occurs to roll over the qualified plan loan offset amount.
• If a retirement account has been wrongfully levied by the IRS,
the amount returned plus interest on such amount may be
contributed to the account or to an IRA (other than an
endowment contract) to which such a rollover contribution is
permitted. You have until the due date, excluding extensions, for
filing your tax return for the tax year in which the amount is
returned to make the contribution.
In-plan Roth rollover. If you are a participant in a 401(k),
403(b), or governmental 457(b) plan, your plan may permit you
to roll over amounts from those plans to a designated Roth
account within the same plan. The rollover of any untaxed
amounts must be included in income. The 10% additional tax on
early distributions doesn’t apply. For more information, see
In-plan Roth rollovers under Rollovers in Pub. 575.

Amended returns. If you are filing an amended 2022 Form
5329, check the box at the top of page 1 of the form. Don’t use
the 2022 Form 5329 to amend your return for any other year. For
information about amending a Form 5329 for a prior year, see
Prior tax years, earlier.

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 is generally subject to the 10% additional tax.
But see Distributions from a designated Roth account and
Distributions from Roth IRAs, later.
The additional tax on early distributions doesn’t apply to any
of the following.
• A qualified disaster distribution, including a 2020
coronavirus-related distribution. See the instructions for Forms
8915-D, 8915-E, and 8915-F, as applicable, for more details.
• A qualified distribution from a retirement plan for the birth or
adoption of a child of up to $5,000 if made during the 1-year
period beginning on the date your child was born or adopted.
Attach a statement that provides the name, age, and TIN of the
child or eligible adoptee. If the child died before you obtained a
TIN, then write that the child died on the statement and include a
copy of the child’s birth certificate, death certificate, or hospital
records.
See Notice 2020-68, available at IRS.gov/pub/irs-drop/
n-20-68.pdf, for more information.

ABLE rollover. For an ABLE account, a rollover means a
contribution to an ABLE account of a designated beneficiary (or
of an eligible individual who is a member of the family of the
designated beneficiary) of all or a portion of an amount
withdrawn from the designated beneficiary's ABLE account. The
contribution must be made within 60 days of the withdrawal date;
and, if the rollover is to the designated beneficiary's ABLE
account, there must have been no rollover to an ABLE account
of that beneficiary within the prior 12 months. The IRS may
extend the 60-day rollover period for individuals affected by a
disaster. An ABLE rollover doesn’t include a contribution to an
ABLE account of funds distributed from a QTP account.

An eligible adoptee includes any individual (other than a

TIP child of the taxpayer’s spouse) who has not reached age

18 or who is an adult and is physically or mentally
incapable of self-support.

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• A qualified HSA funding distribution from an IRA (other than a
SEP or SIMPLE IRA). See Qualified HSA funding distribution
under Health Savings Accounts in 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.
• An in-plan Roth rollover.
• A distribution of certain excess IRA contributions (see the
instructions for line 15, later, and the instructions for line 23,
later).

figure it, see Tax on Early Distributions under Special Additional
Taxes in Pub. 575.
Distributions from Roth IRAs. If you received an early
distribution from your Roth IRAs, include on line 1 the part of the
distribution that you must include in your income. You will find
this amount on line 25c of your 2022 Form 8606. You will also
need to include on line 1 the following amounts.
• A qualified first-time homebuyer distribution from line 20 of
your 2022 Form 8606. Also include this amount on line 2 and
enter exception number 09.
• Recapture amounts attributable to any conversions or
rollovers to your Roth IRAs in 2018 through 2022. See
Recapture amount subject to the additional tax on early
distributions next.

Note. Any related IRA earnings withdrawn with excess IRA
contributions are subject to the 10% additional tax on early
distributions if you were under age 591/2 at the time of the
distribution.

If you didn’t have a qualified first-time homebuyer

• A distribution of excess deferrals. Excess deferrals include

TIP distribution in 2022, and you didn’t convert or roll over an

amount to your Roth IRAs in 2018 through 2022, you
only need to include the amount from line 25c of your 2022 Form
8606 on line 1 of this form.

distributions of excess contributions from a qualified cash or
deferred arrangement (401(k) plan), excess contributions from a
tax-sheltered annuity (403(b) plan), excess contributions from a
salary reduction SEP IRA, and excess contributions from a
SIMPLE IRA.
• A distribution of excess aggregate contributions to meet
nondiscrimination requirements for employee contributions and
matching employer contributions.
• A distribution from an eligible governmental section 457
deferred compensation plan to the extent the distribution isn’t
attributable to an amount transferred from a qualified retirement
plan.

Recapture amount subject to the additional tax on early
distributions. If you converted or rolled over an amount to your
Roth IRAs in 2018 through 2022 and you received an early
distribution for 2022, the recapture amount you must include on
line 1 is the amount, if any, of the early distribution allocated to
the taxable portion of your 2018 through 2022 conversions or
rollovers.
Generally, an early distribution is allocated to your Roth IRA
contributions first, then to your conversions and rollovers on a
first-in, first-out basis. For each conversion or rollover, you must
first allocate the early distribution to the portion that was subject
to tax in the year of the conversion or rollover, and then to the
portion that wasn’t subject to tax. The recapture amount is the
sum of the early distribution amounts that you allocate to these
taxable portions of your conversions or rollovers.
The recapture amount that you must include on line 1 won’t
exceed the amount of your early distribution; and, for purposes
of determining this recapture amount, you will allocate a
contribution, conversion, or rollover amount (or portion thereof)
to an early distribution only once.
For more information about the recapture amount for
distributions from a Roth IRA, including how to figure it, see
Ordering Rules for Distributions under Are Distributions
Taxable? in chapter 2 of Pub. 590-B. Also, see the Example
next, which illustrates a situation where a taxpayer must include
a recapture amount on line 1.

See the instructions for line 2, later, for other distributions that
aren’t subject to the additional tax.

Line 1

Enter the amount of early distributions includible in income
(other than qualified disaster distributions, including
coronavirus-related distributions) that you received from:
• A qualified retirement plan, including earnings on withdrawn
excess contributions to your IRAs included in income in 2022; or
• A modified endowment contract.
Certain prohibited transactions involving your IRA, such as
borrowing from your IRA or pledging your IRA assets as security
for a loan, are considered to be distributions and are generally
subject to the additional tax on early distributions. See Prohibited
Transactions under What Acts Result in Penalties or Additional
Taxes? in Pub. 590-B for details.
Distributions from a designated Roth account. If you
received an early distribution from your designated Roth
account, include on line 1 the amount of the distribution that you
must include in your income. You will find this amount in box 2a
of your 2022 Form 1099-R. You may also need to include a
recapture amount on line 1 if you have ever made an in-plan
Roth rollover (discussed later).

Example. You converted $20,000 from a traditional IRA to a
Roth IRA in 2018 and converted $10,000 in 2019. Your 2018
Form 8606 had $5,000 on line 17 and $15,000 on line 18, and
your 2019 Form 8606 had $3,000 on line 17 and $7,000 on
line 18. You made Roth IRA contributions of $2,000 for 2018 and
2019. You didn’t make any Roth IRA conversions or
contributions for 2020 through 2022, or take any Roth IRA
distributions before 2022.
On July 10, 2022, at age 53, you took a $33,000 distribution
from your Roth IRA. Your 2022 Form 8606 shows $33,000 on
line 19; $29,000 on line 23 ($33,000 minus $4,000 for your
contributions on line 22); and $0 on line 25a ($29,000 minus
your basis in conversions of $30,000).
First, $4,000 of the $33,000 is allocated to your 2022 Form
8606, line 22; then $15,000 to your 2018 Form 8606, line 18;
$5,000 to your 2018 Form 8606, line 17; and $7,000 to your
2019 Form 8606, line 18. The remaining $2,000 is allocated to
the $3,000 on your 2019 Form 8606, line 17. On line 1, enter
$22,000 ($15,000 allocated to your 2018 Form 8606, line 18,
plus the $7,000 that was allocated to your 2019 Form 8606,
line 18).

If you never made an in-plan Roth rollover, you need to

TIP include on line 1 of this form only the amount from

box 2a of your 2022 Form 1099-R reporting the early
distribution.
Recapture amount subject to the additional tax on early
distributions. If you have ever made an in-plan Roth rollover
and you received an early distribution for 2022, the recapture
amount to include on line 1 is a portion of the amounts you rolled
over.
The recapture amount that you must include on line 1 won’t
exceed the amount of your early distribution; and, for purposes
of determining this recapture amount, you will allocate a rollover
amount (or portion thereof) to an early distribution only once.
For more information about the recapture amount for early
distributions from a designated Roth account, including how to
Instructions for Form 5329 (2022)

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If you take a Roth IRA distribution in 2023, the first $1,000 will
be allocated to the $1,000 remaining from your 2019 Form 8606,
line 17, and won’t be subject to the additional tax on early
distributions.

07

Additional information. For more details, see Are Distributions
Taxable? in chapters 1 and 2 of Pub. 590-B.

09

08

10

Line 2

11

The additional tax on early distributions doesn’t apply to the
distributions described next. Enter on line 2 the amount that you
can exclude. In the space provided, enter the applicable
exception number (01–20). If more than one exception applies,
enter 20.

12
13

Exceptions to the Additional Tax on Early
Distributions
No.
01

02

03

04
05

06

14

Exception
Qualified retirement plan distributions (doesn’t apply to
IRAs) you receive after separation from service when the
separation from service occurs in or after the year you
reach age 55 (age 50 for qualified public safety
employees).
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).
Distributions due to total and permanent disability. You are
considered disabled if you can furnish proof that you can’t
do any substantial gainful activity because of your physical
or mental condition. A medical determination that your
condition can be expected to result in death or to be of
long, continued, and indefinite duration must be made.
Distributions due to death (doesn’t apply to modified
endowment contracts).
Qualified retirement plan distributions up to the amount you
paid for unreimbursed medical expenses during the year
minus 7.5% of your adjusted gross income (AGI) for the
year.
Qualified retirement plan distributions made to an alternate
payee under a qualified domestic relations order (doesn’t
apply to IRAs).

15
16

17
18
19
20

IRA distributions made to certain unemployed individuals
for health insurance premiums.
IRA distributions made for qualified higher education
expenses.
IRA distributions made for the purchase of a first home, up
to $10,000.
Qualified retirement plan distributions made due to an IRS
levy.
Qualified distributions to reservists while serving on active
duty for at least 180 days.
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 aren’t from a
rollover from a qualified retirement plan.
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 the 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 Tax on Early Distributions under
Special Additional Taxes in Pub. 575.
Distributions that are phased retirement annuity payments
made to federal employees. See Pub. 721 for more
information on the phased retirement program.
Permissible withdrawals under section 414(w).
Qualified birth or adoption distributions. Attach a statement
that provides the name, age, and TIN of the child or eligible
adoptee.
Enter this code if more than one exception applies.

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 and ABLE Accounts
Line 5

Distributions from an ABLE account aren’t included in income if
made on or after the death of the designated beneficiary:
• To the estate of the designated beneficiary;
• To an heir or legatee of the designated beneficiary; or
• To pay outstanding obligations due for qualified disability
expenses of the designated beneficiary, including a claim filed
by a state under a state Medicaid plan.

Line 6

The additional tax doesn’t apply to the distributions that are
includible in income described next. Enter on line 6 the amount
from line 5 that you can exclude.
• Distributions made due to the death or disability of the
beneficiary.
• Distributions from an education account made on account of a
tax-free scholarship, allowance, or payment described in section
25A(g)(2).
• Distributions from an education account made because of
attendance by the beneficiary at a U.S. military academy. This
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exception applies only to the extent that the distribution doesn’t
exceed the costs of advanced education (as defined in title 10 of
the U.S. Code) at the academy.
• Distributions from an education account included in income
because you used the qualified education expenses to figure the
American opportunity and lifetime learning credits.

Year(s)

Contribution
limit

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

2019 through 2021

$6,000

$7,000

2013 through 2018

$5,500

$6,500

2008 through 2012

$5,000

$6,000

2006 or 2007

$4,000

$5,000

If you contributed more for 2022 than is allowable or you had an
amount on line 17 of your 2021 Form 5329, you may owe this
tax. But you may be able to avoid the tax on any 2022 excess
contributions (see the instructions for line 15, later).

2005

$4,000

$4,500

2002 through 2004

$3,000

$3,500

1997 through 2001

$2,000

—

Line 9

before 1997

$2,250

—

Part III—Additional Tax on Excess
Contributions to Traditional IRAs

Enter the amount from line 16 of your 2021 Form 5329 only if the
amount on line 17 of your 2021 Form 5329 is more than zero.

If the excess contribution to your traditional IRA for the year
included a rollover and the excess occurred because the
information the plan was required to give you was incorrect,
increase the contribution limit amount for the year shown in the
table above by the amount of the excess that is due to the
incorrect information.
If the total contributions for the year included employer
contributions to a SEP, increase the contribution limit amount for
the year shown in the table above by the smaller of the amount
of the employer contributions or:

Line 10

Enter the difference, if any, of your contribution limit for
traditional IRAs less your contributions to traditional IRAs and
Roth IRAs for 2022.
If you aren’t married filing jointly, your contribution limit for
traditional IRAs is the smaller of your taxable compensation or
$6,000 ($7,000 if age 50 or older at the end of 2022). If you are
married filing jointly, your contribution limit is generally $6,000
($7,000 if age 50 or older at the end of 2022) and your spouse's
contribution limit is $6,000 ($7,000 if age 50 or older at the end
of 2022). But if the combined taxable compensation for you and
your spouse is less than $12,000 ($13,000 if one spouse is 50 or
older at the end of 2022; $14,000 if both spouses are 50 or older
at the end of 2022), see How Much Can Be Contributed? for
special rules and What Is Compensation? in Pub. 590-A for
additional information.
Also include on line 11a or 11b of the IRA Deduction
Worksheet—Schedule 1, Line 20, in the Instructions for Form
1040 or the Instructions for Form 1040-NR, the smaller of:
• Form 5329, line 10; or
• The excess, if any, of Form 5329, line 9, over the sum of Form
5329, lines 11 and 12 (which you will complete next).

Line 11

Enter on line 11 any withdrawals from your traditional IRAs that
are included in your income. Don’t include any withdrawn
contributions reported on
line 12.

Line 12

Enter on line 12 any amounts included on line 9 that are excess
contributions to your traditional IRAs for 1976 through 2020 that
you had returned to you in 2022 and any 2021 excess
contributions that you had returned to you in 2022 after the due
date (including extensions) of your 2021 income tax return if:
• You didn’t claim a deduction for the excess contributions,
• 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 weren’t more than
the amounts shown in the following table.

2021

$58,000

2020

$57,000

2019

$56,000

2018

$55,000

2017

$54,000

2015 or 2016

$53,000

2014

$52,000

2013

$51,000

2012

$50,000

2009, 2010, or 2011

$49,000

2008

$46,000

2007

$45,000

2006

$44,000

2005

$42,000

2004

$41,000

2002 or 2003

$40,000

2001

$35,000

before 2001

$30,000

Line 15

Enter the excess of your contributions to traditional IRAs for
2022 (unless withdrawn—discussed next) over your contribution
limit for traditional IRAs. See the instructions for line 10, earlier,
to figure your contribution limit for traditional IRAs. Don’t include
rollovers in figuring your excess contributions.
You can withdraw some or all of your excess contributions for
2022 and they will be treated as not having been contributed if:
• You make the withdrawal by the due date, including
extensions, of your 2022 tax return;
• You don’t claim a traditional IRA deduction for the withdrawn
contributions; and

Instructions for Form 5329 (2022)

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• 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 hadn’t 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.

Don’t include rollovers in figuring your excess contributions.
You can withdraw some or all of your excess contributions for
2022 and they will be treated as not having been contributed if:
• You make the withdrawal by the due date, including
extensions, of your 2022 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 hadn’t 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.

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” entered at the top. Report any related
earnings for 2022 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).

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” entered at the top. Report any related
earnings for 2022 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 2022 than is
allowable or you had an amount on line 25 of your 2021 Form
5329, you may owe this tax. But you may be able to avoid the tax
on any 2022 excess contributions (see the instructions for
line 23, later).

Part V—Additional Tax on Excess
Contributions to Coverdell ESAs

If the contributions to your Coverdell ESAs for 2022 were more
than is allowable or you had an amount on line 33 of your 2021
Form 5329, you may owe this tax. But you may be able to avoid
the tax on any 2022 excess contributions (see the instructions
for line 31, later).

Line 18

Enter the amount from line 24 of your 2021 Form 5329 only if the
amount on line 25 of your 2021 Form 5329 is more than zero.

Line 19

Line 26

If you contributed less to your Roth IRAs for 2022 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, earlier)
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:
• $204,000 if married filing jointly or qualifying widow(er);
• $129,000 if single, head of household, or married filing
separately and you didn’t live with your spouse at any time in
2022; or
• $0 if married filing separately and you lived with your spouse
at any time in 2022.

Enter the amount from line 32 of your 2021 Form 5329 only if the
amount on line 33 of your 2021 Form 5329 is more than zero.

Line 27

Enter the excess, if any, of the maximum amount that can be
contributed to your Coverdell ESAs for 2022 over the amount
actually contributed for 2022. Your contribution limit is the
smaller of $2,000 or the sum of the maximum amounts the
contributor(s) to your Coverdell ESAs are allowed to contribute.
The maximum contribution may be limited based on the
contributor's modified AGI. See Contributions in chapter 7 of
Pub. 970 for details.

See Can You Contribute to a Roth IRA? in Pub. 590-A for
details.

Line 28

Enter your total distributions from Coverdell ESAs in 2022. Don’t
include rollovers or withdrawn excess contributions.

Line 20

Generally, enter the amount from Form 8606, line 19, plus any
qualified distributions. But if you withdrew the entire balance of
all of your Roth IRAs, don’t enter less than the amount on Form
5329, line 18 (see the Example next).

Line 31

Enter the excess of the contributions to your Coverdell ESAs for
2022 (unless withdrawn—discussed below) over your
contribution limit for Coverdell ESAs. See the instructions for
line 27, earlier, to figure your contribution limit for Coverdell
ESAs.

Example. You contributed $1,000 to a Roth IRA in 2020,
your only contribution to Roth IRAs. In 2022, you discovered you
weren’t eligible to contribute to a Roth IRA in 2020. On
September 7, 2022, you withdrew $800, the entire balance in the
Roth IRA. You must file Form 5329 for 2020 and 2021 to pay the
additional taxes for those years. When you complete Form 5329
for 2022, you enter $1,000 (not $800) on line 20 because you
withdrew the entire balance.

Don’t include rollovers in figuring your excess contributions.
You can withdraw some or all of the excess contributions for
2022 and they will be treated as not having been contributed if:
• You make the withdrawal before June 1, 2023; 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.

Line 23

Enter the excess of your contributions to Roth IRAs for 2022
(unless withdrawn—discussed below) over your contribution
limit for Roth IRAs. See the instructions for line 19, earlier, to
figure your contribution limit for Roth IRAs.

If you filed your return without withdrawing the excess
contributions, you can still make the withdrawal, but it must be
made before June 1, 2023. If you do, file an amended return.
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amount on line 49 of your 2021 Form 5329, you may owe this
tax. But you may be able to avoid the tax on any 2022 excess
contributions (see the instructions for line 47, later).

Report any related earnings for 2022 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).

Line 42

Enter the amount from line 48 of your 2021 Form 5329 only if the
amount on line 49 of your 2021 Form 5329 is more than zero.

Part VI—Additional Tax on Excess
Contributions to Archer MSAs

Line 43

If contributions to your HSAs for 2022 (line 2 of Form 8889,
Health Savings Accounts (HSAs)) were less than your
contribution limit for HSAs, enter the difference on line 43. Your
contribution limit for HSAs is the amount on line 12 of Form
8889.

If you or your employer contributed more to your Archer MSA for
2022 than is allowable or you had an amount on line 41 of your
2021 Form 5329, you may owe this tax. But you may be able to
avoid the tax on any 2022 excess contributions (see the
instructions for line 39, later).

Also include on your 2022 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 34

line 44.

Enter the amount from line 40 of your 2021 Form 5329 only if the
amount on line 41 of your 2021 Form 5329 is more than zero.

Line 47

Line 35

Enter the excess of your contributions (made by you or on your
behalf) to your HSAs for 2022 from Form 8889, line 2 (unless
withdrawn—discussed next), 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.

If contributions to your Archer MSAs for 2022 were less than
your contribution limit for Archer MSAs, enter the difference on
line 35. Your contribution limit for Archer MSAs is the smaller of
line 3 or line 4 of Form 8853, Archer MSAs and Long-Term Care
Insurance Contracts.
Also include on your 2022 Form 8853, line 5, the smaller of:

You can withdraw some or all of the excess contributions for
2022 and they will be treated as not having been contributed if:
• You make the withdrawal by the due date, including
extensions, of your 2022 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.

• Form 5329, line 35; or
• The excess, if any, of Form 5329, line 34, over Form 5329,

line 36.

Line 39

Enter the excess of your contributions to your Archer MSA for
2022 from Form 8853, line 2 (unless withdrawn—discussed
next), 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.

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” entered at the top. Report any related
earnings for 2022 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).

You can withdraw some or all of the excess contributions for
2022 and they will be treated as not having been contributed if:
• You make the withdrawal by the due date, including
extensions, of your 2022 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.

Part VIII—Additional Tax on Excess
Contributions to ABLE Accounts

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” entered at the top. Report any related
earnings for 2022 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).

If the contributions to your ABLE account for 2022 were more
than is allowable, you may owe tax on the net income resulting
from the excess contribution.

Line 50

Enter the excess, if any, of the contributions to your ABLE
account for 2022 over the contribution limit. Total contributions
(including contributions from a section 529 account) made to
your ABLE account for 2022 may not exceed $16,000 plus, in
the case of an employed designated beneficiary, the applicable
amount under section 529A(b)(2)(B)(ii).

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

Don’t include ABLE rollovers or program-to-program transfers
in figuring your excess contributions.
You won’t incur a tax on a contribution to your ABLE account
that is in excess of the contribution limit if the qualified ABLE

If you, someone on your behalf, or your employer contributed
more to your HSAs for 2022 than is allowable or you had an
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program returns the contribution, including all net income
attributable to the contribution, to the person who made the
contribution (the “contributor”), and the contributor receives the
contribution on or before the due date (including extensions) for
filing your federal income tax return. Any net income distributed
from the excess contribution to the ABLE account is includible in
the gross income of the contributor in the tax year in which the
excess contribution was made.
If the contributor receives the contribution after you have filed
your original tax return but before the due date (including
extensions) for filing your return, you may file an amended return
reflecting the return of the contribution to the contributor with
“Filed pursuant to section 301.9100-2” entered at the top. Make
any necessary changes on the amended return. For example, if
you reported the contribution 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.

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
72, 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 72, regardless of when you retire.
Your plan administrator should figure the amount that must be
distributed each year.
Waiver of tax for reasonable cause. 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 52 and 53 as instructed.
2. Enter “RC” and the amount of the shortfall you want
waived in parentheses on the dotted line next to line 54. Subtract
this amount from the total shortfall you figured without regard to
the waiver, and enter the result on line 54.
3. Complete line 55 as instructed. You must pay any tax due
that is reported on line 55.

Part IX—Additional Tax on Excess
Accumulation in Qualified Retirement
Plans (Including IRAs)

You owe this tax if you don’t receive the minimum required
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, which is 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 must be taken.

The IRS will review the information you provide and decide
whether to grant your request for a waiver. If your request is not
granted, the IRS will notify you regarding any additional tax you
may owe on the shortfall.
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.

Line 52
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 72. 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
Figuring the Owner's Required Minimum Distribution under
When Must You Withdraw Assets? in Pub. 590-B.
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 IRAs (other
than Roth IRAs).
For more details on the minimum distribution rules (including
examples), see When Must You Withdraw Assets? in Pub.
590-B.

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.

A qualified charitable distribution will count towards your

TIP minimum required distribution. See Qualified charitable

distributions under Are Distributions Taxable? in
chapter 1 of Pub. 590-B for more information.

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.

Trusts and estates. Include the amount of tax, if any, on Form
1041, Schedule G, line 8. Enter “From Form 5329” and the
amount of the tax to the left of the line 8 entry space.
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 Must You Withdraw or Use Assets? in Pub.
590-B for details.

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.

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Instructions for Form 5329 (2022)