Filing Roth IRA Excess Distributions (from 2021-2023)

I have a few questions on how to properly report some withdrawals of Roth excess from 2021-2023. I had a 2021 excess of $2528, a 2022 excess of $6000, and a 2023 excess of $400.

In 2023, before the 2022 tax deadline, I withdrew my 2022 excess of $6000 minus losses, and reported that on line 4a (nothing on 4b as there were no gains) on my 2022 tax return. Then, before the end of 2023, I withdrew the excess $400 (excess from 2023) plus gains, AND the 2021 excess of $2528. I reported the $2528 excess on amended 2021 tax return form 5329 and 2022 tax return form 5329 and paid 6% for each year.

So, I received three 1099-R’s:
1. Coded J8 – distribution of $400 plus gains. (With the taxable amount (the associated gains) in box 2a)
2. Coded JP – distribution of $6,000 minus losses.
3. Coded J – distribution of $2528, with ‘Taxable amount not determined’ box checked.

With the tax software I’m using, if I report these 1099-R’s with their appropriate codes, it seems to want to put each distribution on line 4a, form 5329 section 1, and form 8606. However, I don’t think that’s correct. I believe the only thing that should go on part one of form 5329 is the gains associated with $400 distribution with code 21 selected, and the gains exempted from the 10% penalty (according to SECURE 2.0) (I’m not even sure that needs reporting on 5329, but the tax software placed it there). I did complete part 4 of 5329 stating that the $2528 excess was distributed, thus ending the 6% penalty.

Now – when I input my 1099-R code J8 it wants to transfer the information to form 8606, which I believe is also incorrect. I believe I only need to put the $400 distribution + gains on line 4a and 4b. The gains would be included on 4b and form 5329 Part 1 with the appropriate code excluding the 10% taxation. Is that correct?

With my 1099-R coded J (the 2021 excess of $2528), it also wants to carry that information over to form 5329 part 1 (but I think I found a way in the software to not transfer that information). I believe, for this distribution, I only need to complete form 5329 Part 4 (showing that the excess was withdrawn) and 8606 Part 3, including my Roth basis and thus not paying any extra tax, as it was a distribution of a prior contribution. Then, would I also include this excess on line 4a – so that 4a would be a combination of my 2021 excess distribution and my 2023 excess distribution (a total of both the excess and gains distribution from 2023 + $2528 on line 4a?) with only the gains on line 4b?

Then, can I effectively ignore the 1099-R coded JP, as I filed that on my 2022 taxes on line 4a, with $0 on 4b (thus nothing on form 5329 Part 1), as there were associated losses instead of gains? Anything else I need to do with that 1099-R code JP? And I don’t need to amend my 2022 tax return, correct?

So to sum up:
-for the 2021 excess reported on 1099-R code J (for the distribution after tax deadline): report on line 4a on 1040, and 8606 part 3 (reporting the Roth basis, and no 10% taxation). And, on 5329 part 4, show that the amount was distributed, so no more 6% penalty.

-for the 2022 excess reported on 1099-R code JP: ignore the 1099-R, don’t report on like 4a or 8606, as I reported it on 2022 taxes line 4a.

-for the 2023 excess reported on 1099-R code J8: report total distribution on like 4a and gains on 4b, and gains again on form 5329 part 1 using code 21 showing that I don’t need to pay the 10% penalty – along with an explanation of the distribution.

—Do I include any other distributions on form 5329 part 4? Or only the 2021 excess?

—Do I only include the 2021 excess distribution on form 8606 part 3?

-so, no more fees or penalties, and I don’t need to do anything else regarding the reporting of Roth excesses, correct?

(sorry for the lengthy post!)



  • You are mostly correct. There is no need for Part I of any 5329 since there are no longer 10% penalties on the removal of excess contributions, but if the tax program puts the gain in Part I of Form 5329, exception code 21 will waive the penalty. And Form 8606 is only need to report the J coded 1099, not the 1099R forms that include 8 or P.  Do not report the JP coded 1099R anywhere on your 2023 return, as that distribution applies to 2022 but since there are no gains there is no need to amend 2022 just to show 6000 on line 4a.
  • For your 2023 return, line 4a should show the gross amount of the J and J8 1099R forms on line 4a, and only the gain on the J8 1099R on 4b.
  • The 2023 5329 should show the accumulated excess from 2022 eliminated by these distributions, and no excise tax due for 2023. That should wrap up all reporting of corrective distributions of excess contributions.

(disregard)

Thanks so much for the reply! So, to clarify:

  • On 2023 1040 line 4a: my total distributions (including excess gains) from 1099-R J and J8 (don’t list the one coded JP, as it was reported on 2022 line 4a and nothing on 4b, as there were associated losses instead of gains) (I will also include a statement detailing the distributions on my return)
  • On 2023 1040 line 4b: only the gains listed on 1099-R J8 (listed in the ‘taxable amount’ in box 2a)
  • On 2023 Form 5329, Part 1: the excess gains from line 4b, with the 10% exemption code showing I don’t owe the extra tax (not necessary to fill out, but as the tax software completes it it’s okay)
  • On 2023 Form 5329, Part 4: List ALL distributions from 2023 (on 1099-R J, J8, and JP) – showing that the excess distribution of $2528 is eliminated and no more excess tax is owed.
  • On 2023 Form 8606, Part 3: Only the distribution from 1099-R, code J (the excess of $2528). I don’t include the distributions from 1099-R coded J8 or JP. Here, I also need to find and list my Roth contribution basis to show that I don’t owe tax on my distribution – as it is a distribution of prior contributions, correct? And nothing else other than this on Part 3, and nothing else necessary on form 8606?  

 

  • To find my Roth basis for form 8606, I suppose that I don’t include the excess from 2022 and 2023 that were removed along with their losses/gains? (listed on 1099-R codes JP and J8, with $6000 minus losses from 2022, and $400 plus gains from 2023)

 

  • then again, totally disregard my 1099-R, code JP – as that was properly recorded on line 4a of my 2022 return? I don’t need to fill out anything regarding that 1099-R?

 

  • list nothing on line 5a/5b (of 2023 1040), correct?  

 Thanks again! You’re a big help. I appreciate it. 

  • FIrst 5 bullet points are all correct, except that the 2023 5329 Part IV should only show the amount of the J coded 1099R, in other words the same amount as on line 19 of Form 8606. The other 1099R reported timely removal of excess and therefore those contributions never became subject to the excise tax.
  • You are correct that your Form 8606 line 22 regular Roth contribution basis does not include the contributions removed shown on the J8 and JP 1099R forms, but it does include the 2528 that was reported on the 8606.
  • Yes, disregard the JP coded 1099R. And nothing on lines 5a and 5b as those lines are not for IRAs.

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