Excess Distribution

Taxpayer changed IRA custodian late last year. The taxpayer requested his custodian to make only the required minimum distribution in 2019. In tax year 2019, the taxpayer’s IRA custodian made distribution in excess of the RMD and withheld taxes on the amount. There are three distributions in total that resulted in the excess amount. The taxpayer was unaware of this until recently, when he was informed of the accounting error by his financial advisor who overseas his account. The discovery date of the error is past the 60-day rollover date. Excess amount distributed is $50,000 out of which $10,000 was withheld in taxes. The taxpayer intends to issue a personal check of $40,000, amount deposited in his account back to the custodian to correct the error.
Is the taxpayer required to send a certification of later rollover to contribution to the IRA custodian?
Will the amount on the certification be entire amount of $50,000?
Is there a process by which the custodian can request refund of the excess erroneous withholding or is the only way to claim excess tax withheld is on the taxpayer individual tax return?



If the cause for missing the deadline is IRA custodian error, the custodian is not required to accept the certification if they have knowledge that they did not commit such an error. The taxpayer may elect certification for less than the full amount of the distribution, therefore a check for either 40,000 or 50,000 is allowed to be written as a rollover contribution. If 40,000, then even if the IRS does not contest the certification, the 10,000 withheld will remain taxable and subject to penalty. If the check is for 50,000, then there will be no tax or penalty unless the IRS contests the certification. The 10,000 previously withheld can only be recovered through the 2019 return generating a refund. If the current IRA custodian held the IRA on 12/31/2018, they should have been able to determine the correct RMD for that account, but they might have received requests for additional distributions which would take them off the hook.

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