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Level 2
May 27, 2021

When SEPP rules are broken, how do you report the 10% penalty and interest for the previous years SEPP payments were received and reported on 1099-R with Code 2?

  • May 27, 2021
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    qbteachmt
    Level 15
    May 27, 2021

    Investopedia has become my favorite article provider.

    Form 5329

    Here:

    https://www.investopedia.com/articles/retirement/04/021804.asp

     

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    robhenAuthor
    Level 2
    May 30, 2021

    So, would you go back and complete a 5329 for each of the five years involved in the SEPP?

    qbteachmt
    Level 15
    May 30, 2021

    All years of the SEPP are now violated.

    "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."

    From: https://www.irs.gov/pub/irs-pdf/i5329.pdf

    Out of curiosity, would you want to share a generic description of what went wrong?

     

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