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  • Forma - Kiti mokesčiai už kvalifikuotus planus (įskaitant IRA) ir kitas mokesčių tikslais gaunamas sąskaitas
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Department of the Treasury  
Internal Revenue Service  
2023  
Instructions for Form 5329  
Additional Taxes on Qualified Plans (Including IRAs)  
and Other Tax-Favored Accounts  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
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.  
General Instructions  
You received taxable distributions from Coverdell ESAs,  
QTPs, or ABLE accounts.  
Future Developments  
The contributions for 2023 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 2022 Form 5329.  
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  
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.  
Certain corrective distributions not subject to 10% early  
distribution tax. Beginning on December 29, 2022, the 10%  
additional tax on early distributions will not apply to a corrective  
IRA distribution, which consists of an excessive contribution (a  
contribution greater than the IRA contribution limit) and any  
earnings allocable to the excessive contribution, as long as the  
corrective distribution is made on or before the due date  
(including extensions) of the income tax return.  
If you rolled over part or all of a distribution from a  
qualified retirement plan, the part rolled over isn’t subject  
to the 10% additional tax on early distributions. See the  
TIP  
instructions for Form 1040, or 1040-NR, lines 4a and 4b or lines  
5a and 5b, for how to report the rollover.  
Qualified disaster distributions. The 10% additional tax on  
early distributions doesn't apply to qualified disaster distributions  
nor does it apply to qualified disaster recovery distributions. See  
Form 8915-F for more details.  
When and Where To File  
File Form 5329 with your 2023 Form 1040, 1040-SR,1040-NR,  
or 1041 by the due date, including extensions, of your tax return.  
Maximum age for traditional IRA contributions. The age  
restriction for contributions to a traditional IRA has been  
eliminated.  
If you don’t have to file a 2023 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 “2023  
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.  
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.  
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.  
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).  
Definitions  
Qualified retirement plan. A qualified retirement plan includes:  
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.  
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.  
You received a distribution subject to the tax on early  
distributions from a qualified retirement plan (other than a  
Jan 23, 2024  
Cat. No. 13330R  
 
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.  
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.  
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.  
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. 2020-46 in Internal Revenue Bulletin  
PROC-2020-46, 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  
reasons listed in Rev. Proc. 2020-46. See Rev. Proc. 2020-46 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.  
Amended returns. If you are filing an amended 2023 Form  
5329, check the box at the top of page 1 of the form. Don’t use  
the 2023 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.  
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.  
The additional tax on early distributions doesn’t apply to any  
of the following.  
A qualified disaster recovery distribution (certain  
distributions relating to disasters occurring on or after  
January 26, 2021), or qualified disaster distributions. See  
Form 8915-F for more details.  
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.  
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.  
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  
See Notice 2020-68, available at IRS.gov/pub/irs-drop/  
n-20-68.pdf, for more information.  
2
Instructions for Form 5329 (2023)  
   
An eligible adoptee includes any individual (other  
than a child of the taxpayer’s spouse) who has not  
reached age 18 or who is an adult and is physically  
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 2023, 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  
figure it, see Tax on Early Distributions under Special Additional  
Taxes in Pub. 575.  
TIP  
or mentally incapable of self-support.  
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).  
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 2023 Form 8606. You will also  
need to include on line 1 the following amounts.  
Any related IRA earnings withdrawn with excess IRA  
contributions are taxable and must be reported on  
line 1. Beginning on December 29, 2022, the 10%  
TIP  
additional tax on early distributions does not apply to an IRA  
distribution made pursuant to the rules of section 408(d)(4),  
which consists of a contribution for that year and any  
earnings allocable to the contribution, as long as the  
distribution is made on or before the due date (including  
extensions) of the income tax return. Report this amount on  
line 2 and enter exception number 21.  
A qualified first-time homebuyer distribution from line 20 of  
your 2023 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 2019 through 2023. See  
distributions, next.  
A distribution of excess deferrals. Excess deferrals include  
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.  
If you didn’t have a qualified first-time homebuyer  
distribution in 2023, and you didn’t convert or roll over an  
amount to your Roth IRAs in 2019 through 2023, you  
TIP  
only need to include the amount from line 25c of your 2023 Form  
8606 on line 1 of this form.  
Recapture amount subject to the additional tax on early  
distributions. If you converted or rolled over an amount to your  
Roth IRAs in 2019 through 2023 and you received an early  
distribution for 2023, 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 2019 through 2023 conversions or  
rollovers.  
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.  
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.  
Example. You converted $20,000 from a traditional IRA to a  
Roth IRA in 2019 and converted $10,000 in 2020. Your 2019  
Form 8606 had $5,000 on line 17 and $15,000 on line 18, and  
your 2020 Form 8606 had $3,000 on line 17 and $7,000 on  
line 18. You made Roth IRA contributions of $2,000 for 2019 and  
2020. You didn’t make any Roth IRA conversions or contributions  
for 2021 through 2023, or take any Roth IRA distributions before  
2023.  
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 qualified  
disaster recovery distributions) that you received from:  
A qualified retirement plan including earnings on withdrawn  
excess contributions to your IRAs included in income in  
2023; 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 2023 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).  
If you never made an in-plan Roth rollover, you need to  
include on line 1 of this form only the amount from  
box 2a of your 2023 Form 1099-R reporting the early  
TIP  
On July 10, 2023, at age 53, you took a $33,000 distribution  
distribution.  
from your Roth IRA. Your 2023 Form 8606 shows $33,000 on  
3
Instructions for Form 5329 (2023)  
       
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).  
07  
08  
09  
10  
11  
12  
IRA distributions made to certain unemployed individuals  
for health insurance premiums.  
IRA distributions made for qualified higher education  
expenses.  
First, $4,000 of the $33,000 is allocated to your 2023 Form  
8606, line 22; then $15,000 to your 2019 Form 8606, line 18;  
$5,000 to your 2019 Form 8606, line 17; and $7,000 to your  
2020 Form 8606, line 18. The remaining $2,000 is allocated to  
the $3,000 on your 2020 Form 8606, line 17. On line 1, enter  
$22,000 ($15,000 allocated to your 2019 Form 8606, line 18,  
plus the $7,000 that was allocated to your 2020 Form 8606,  
line 18).  
If you take a Roth IRA distribution in 2024, the first $1,000 will  
be allocated to the $1,000 remaining from your 2020 Form 8606,  
line 17, and won’t be subject to the additional tax on early  
distributions.  
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.  
13  
14  
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  
Additional information. For more details, see Are Distributions  
Taxable? in chapters 1 and 2 of Pub. 590-B.  
Line 2  
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 (01–21). If more than one exception applies,  
enter 99.  
3. The distribution is actually being made under the  
written election.  
15  
16  
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.  
Exceptions to the Additional Tax on Early  
Distributions  
17  
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.  
No. Exception  
01  
Qualified retirement plan distributions (doesn’t apply to  
IRAs) you received 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  
and private sector firefighters) or 25 years of service under  
the plan, whichever is earlier. For this purpose, the term  
“qualified public safety employee” includes a state or local  
government corrections officer or forensic security  
employee providing for the care, custody, and control of  
forensic patients.  
18  
19  
20  
Distributions due to terminal illness. Distributions that are  
made on or after the date on which your physician has  
certified that you have a terminal illness or physical  
condition that can reasonably be expected to result in  
death in 84 months or less after the date of the certification.  
See Notice 2024-02, available at IRS.gov/pub/irs-drop/  
n-24-02.pdf, for more information.  
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). Distributions received as periodic payments on or  
after December 29, 2022, will not fail to be treated as  
substantially equal merely because they are received as an  
annuity. And, these distributions received as periodic  
payments will be deemed to be substantially equal if they  
are payable over a period that satisfies the section 401(a)  
(9) requirements relating to annuity payments. For more  
information see Pub. 590-B.  
21  
99  
Corrective distributions of the income on excess  
contributions distributed before the due date of the tax  
return (including extensions).  
Enter this exception number 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.  
03  
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.  
Part II—Additional Tax on Certain  
Distributions From Education  
Accounts and ABLE Accounts  
04  
05  
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.  
Line 5  
Distributions from an ABLE account aren’t included in income if  
made on or after the death of the designated beneficiary:  
06  
Qualified retirement plan distributions made to an alternate  
payee under a qualified domestic relations order (doesn’t  
apply to IRAs).  
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.  
4
Instructions for Form 5329 (2023)  
   
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.  
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.  
Year(s)  
Contribution  
limit  
Contribution limit if  
age 50 or older at  
the end of the year  
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).  
2019 through 2022  
2013 through 2018  
2008 through 2012  
2006 or 2007  
$6,000  
$5,500  
$5,000  
$4,000  
$4,000  
$3,000  
$2,000  
$2,250  
$7,000  
$6,500  
$6,000  
$5,000  
$4,500  
$3,500  
Distributions from an education account made because of  
attendance by the beneficiary at a U.S. military academy.  
This 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.  
2005  
Distributions from an education account included in income  
because you used the qualified education expenses to  
figure the American opportunity and lifetime learning credits.  
2002 through 2004  
1997 through 2001  
before 1997  
Part III—Additional Tax on Excess  
Contributions to Traditional IRAs  
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:  
If you contributed more for 2023 than is allowable or you had an  
amount on line 17 of your 2022 Form 5329, you may owe this  
tax. But you may be able to avoid the tax on any 2023 excess  
contributions (see the instructions for line 15, later).  
Line 9  
Enter the amount from line 16 of your 2022 Form 5329 only if the  
amount on line 17 of your 2022 Form 5329 is more than zero.  
Line 10  
2022  
$61,000  
$58,000  
$57,000  
$56,000  
$55,000  
$54,000  
$53,000  
$52,000  
$51,000  
$50,000  
$49,000  
$46,000  
$45,000  
$44,000  
$42,000  
$41,000  
$40,000  
$35,000  
$30,000  
Enter the difference, if any, of your contribution limit for traditional  
IRAs less your contributions to traditional IRAs and Roth IRAs for  
2023.  
2021  
2020  
If you aren’t married filing jointly, your contribution limit for  
traditional IRAs is the smaller of your taxable compensation or  
$6,500 ($7,500 if age 50 or older at the end of 2023). If you are  
married filing jointly, your contribution limit is generally $6,500  
($7,500 if age 50 or older at the end of 2023) and your spouse's  
contribution limit is $6,500 ($7,500 if age 50 or older at the end  
of 2023). But if the combined taxable compensation for you and  
your spouse is less than $13,000 ($14,000 if one spouse is 50 or  
older at the end of 2023; $15,000 if both spouses are 50 or older  
at the end of 2023), see How Much Can Be Contributed? for  
special rules and What Is Compensation? in Pub. 590-A for  
additional information.  
2019  
2018  
2017  
2015 or 2016  
2014  
2013  
2012  
2009, 2010, or 2011  
2008  
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:  
2007  
2006  
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).  
2005  
2004  
Line 11  
2002 or 2003  
2001  
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.  
before 2001  
Line 12  
Enter on line 12 any amounts included on line 9 that are excess  
contributions to your traditional IRAs for 1976 through 2021 that  
you had returned to you in 2023 and any 2022 excess  
Line 15  
Enter the excess of your contributions to traditional IRAs for 2023  
(unless withdrawn—discussed next) over your contribution limit  
for traditional IRAs. Also, if you hadn't reached age 59 1/2 at the  
time of the withdrawal, include the earnings as an early  
contributions that you had returned to you in 2023 after the due  
date (including extensions) of your 2022 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  
distribution on line 1 on Form 5329 for the year in which you  
report the earnings. See the instructions for line 10, earlier, to  
figure your contribution limit for traditional IRAs. Don’t include  
5
Instructions for Form 5329 (2023)  
   
rollovers in figuring your excess contributions. See Difficulty of  
care payments in Pub. 590-A for an exception for nondeductible  
contributions made based on a type of foster care payment  
received.  
weren’t eligible to contribute to a Roth IRA in 2021. On  
September 7, 2023, you withdrew $800, the entire balance in the  
Roth IRA. You must file Form 5329 for 2021 and 2022 to pay the  
additional taxes for those years. When you complete Form 5329  
for 2023, you enter $1,000 (not $800) on line 20 because you  
withdrew the entire balance.  
You can withdraw some or all of your excess contributions for  
2023 and they will be treated as not having been contributed if:  
You make the withdrawal by the due date, including  
extensions, of your 2023 tax return;  
Line 23  
Enter the excess of your contributions to Roth IRAs for 2023  
(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.  
You don’t claim a traditional IRA deduction for the withdrawn  
contributions; 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 59 1/2 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. Report this  
amount on line 2 and enter exception number 21.  
Don’t include rollovers in figuring your excess contributions.  
You can withdraw some or all of your excess contributions for  
2023 and they will be treated as not having been contributed if:  
You make the withdrawal by the due date, including  
extensions, of your 2023 tax return; and  
If you timely filed your return without withdrawing the excess  
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 59 1/2 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. Report this  
amount on line 2 and enter exception number 21.  
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 2023 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 2023 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 2023 than is  
allowable or you had an amount on line 25 of your 2022 Form  
5329, you may owe this tax. But you may be able to avoid the tax  
on any 2023 excess contributions (see the instructions for  
line 23, later).  
Part V—Additional Tax on Excess  
Contributions to Coverdell ESAs  
Line 18  
Enter the amount from line 24 of your 2022 Form 5329 only if the  
amount on line 25 of your 2022 Form 5329 is more than zero.  
If the contributions to your Coverdell ESAs for 2023 were more  
than is allowable or you had an amount on line 33 of your 2022  
Form 5329, you may owe this tax. But you may be able to avoid  
the tax on any 2023 excess contributions (see the instructions for  
line 31, later).  
Line 19  
If you contributed less to your Roth IRAs for 2023 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:  
Line 26  
Enter the amount from line 32 of your 2022 Form 5329 only if the  
amount on line 33 of your 2022 Form 5329 is more than zero.  
Line 27  
$218,000 if married filing jointly or qualifying surviving  
spouse;  
Enter the excess, if any, of the maximum amount that can be  
contributed to your Coverdell ESAs for 2023 over the amount  
actually contributed for 2023. 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.  
$138,000 if single, head of household, or married filing  
separately and you didn’t live with your spouse at any time in  
2023; or  
$0 if married filing separately and you lived with your spouse  
at any time in 2023.  
See Can You Contribute to a Roth IRA? in Pub. 590-A for  
details.  
Line 28  
Line 20  
Enter your total distributions from Coverdell ESAs in 2023. Don’t  
include rollovers or withdrawn excess contributions.  
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  
2023 (unless withdrawn—discussed below) over your  
Example. You contributed $1,000 to a Roth IRA in 2021,  
your only contribution to Roth IRAs. In 2023, you discovered you  
contribution limit for Coverdell ESAs. See the instructions for  
6
Instructions for Form 5329 (2023)  
         
line 27, earlier, to figure your contribution limit for Coverdell  
ESAs.  
to section 301.9100-2” entered at the top. Report any related  
earnings for 2023 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).  
Don’t include rollovers in figuring your excess contributions.  
You can withdraw some or all of the excess contributions for  
2023 and they will be treated as not having been contributed if:  
You make the withdrawal before June 1, 2024; 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.  
Part VII—Additional Tax on Excess  
Contributions to Health Savings  
Accounts (HSAs)  
If you filed your return without withdrawing the excess  
contributions, you can still make the withdrawal, but it must be  
made before June 1, 2024. If you do, file an amended return.  
Report any related earnings for 2023 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, someone on your behalf, or your employer contributed  
more to your HSAs for 2023 than is allowable or you had an  
amount on line 49 of your 2022 Form 5329, you may owe this  
tax. But you may be able to avoid the tax on any 2023 excess  
contributions (see the instructions for line 47, later).  
Line 42  
Enter the amount from line 48 of your 2022 Form 5329 only if the  
amount on line 49 of your 2022 Form 5329 is more than zero.  
Part VI—Additional Tax on Excess  
Contributions to Archer MSAs  
Line 43  
If contributions to your HSAs for 2023 (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  
2023 than is allowable or you had an amount on line 41 of your  
2022 Form 5329, you may owe this tax. But you may be able to  
avoid the tax on any 2023 excess contributions (see the  
instructions for line 39, later).  
Also include on your 2023 Form 8889, line 13, the smaller of:  
Form 5329, line 43; or  
Line 34  
The excess, if any, of Form 5329, line 42, over Form 5329,  
line 44.  
Enter the amount from line 40 of your 2022 Form 5329 only if the  
amount on line 41 of your 2022 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 2023 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 2023 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 2023 Form 8853, line 5, the smaller of:  
You can withdraw some or all of the excess contributions for  
2023 and they will be treated as not having been contributed if:  
Form 5329, line 35; or  
The excess, if any, of Form 5329, line 34, over Form 5329,  
line 36.  
You make the withdrawal by the due date, including  
extensions, of your 2023 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.  
Line 39  
Enter the excess of your contributions to your Archer MSA for  
2023 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  
You can withdraw some or all of the excess contributions for  
2023 and they will be treated as not having been contributed if:  
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 2023 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 make the withdrawal by the due date, including  
extensions, of your 2023 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  
7
Instructions for Form 5329 (2023)  
   
Owner's Required Minimum Distribution under When Must You  
Withdraw Assets? in Pub. 590-B.  
Part VIII—Additional Tax on Excess  
Contributions to ABLE Accounts  
If the trustee, custodian, or issuer of your IRA informs you of  
the minimum required distribution, you can use that amount.  
If the contributions to your ABLE account for 2023 were more  
than is allowable, you may owe tax on the net income resulting  
from the excess contribution.  
For more details on the minimum distribution rules (including  
examples), see When Must You Withdraw Assets? in Pub.  
590-B.  
Line 50  
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.  
Enter the excess, if any, of the contributions to your ABLE  
account for 2023 over the contribution limit. Total contributions  
(including contributions from a section 529 account) made to  
your ABLE account for 2023 may not exceed $17,000 plus, in the  
case of an employed designated beneficiary, the applicable  
amount under section 529A(b)(2)(B)(ii).  
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 (age 73 if you reach age 72 in 2023 or later years), 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 (age 73 if you reach age 72 in 2023 or later years),  
regardless of when you retire.  
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  
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.  
Your plan administrator should figure the amount that must be  
distributed each year.  
Line 53  
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.  
Enter the amount actually distributed towards the required  
minimum distribution from all plans. Do not include on line 53  
any distribution(s) received after the deadline for taking the  
minimum required distribution or during the correction window.  
Distributions that satisfy minimum distribution rules.  
Generally, all distributions from an account count towards the  
minimum distribution requirements. If you received more than the  
minimum required distribution from any account, do not include  
the excess on line 53 unless those accounts may be aggregated  
under the following rules.  
Part IX—Additional Tax on Excess  
Accumulation in Qualified Retirement  
Plans (Including IRAs)  
A qualified charitable distribution will count towards your  
minimum required distribution. See Qualified charitable  
distributions under Are Distributions Taxable? in  
TIP  
chapter 1 of Pub. 590-B for more information.  
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. For tax  
years beginning on or after December 29, 2022, the additional  
tax is 25% 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 additional tax is reduced to 10%  
of the excess accumulation if you meet certain requirements.  
See Line 55 for more information.  
IRA (other than a Roth IRA). The minimum required  
distribution must be figured separately for each IRA you own, but  
you can generally withdraw the total amount from one or more of  
your IRAs that are not Roth IRAs. If you are the beneficiary of an  
inherited IRA, then only distributions from IRAs inherited from  
the same decedent can be combined to satisfy the minimum  
required distribution for all inherited IRAs from that decedent. For  
more information, see Treas. Reg. 1.408-8.  
Roth IRA. Only withdrawals from Roth IRAs inherited from the  
same decedent can be combined to satisfy the minimum  
required distribution for all inherited Roth IRAs from that  
decedent. For more information, see Treas. Reg. 1.408-8.  
Line 52  
IRA (other than a Roth IRA). Generally, you must start  
receiving distributions from your IRA by April 1 of the year  
following the year in which you reach age 72. However, if you  
become age 72 in 2023 or later, you must start receiving  
distributions from your IRA by April 1 of the year following the  
year in which you reach age 73. 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  
Qualified retirement plans (other than IRAs). Qualified plans  
cannot aggregate distributions for purposes of meeting the  
minimum required distribution requirement. You must figure the  
amount of the minimum required distribution separately for each  
plan and withdraw that amount from the specific plan. See Treas.  
Reg. 1.401(a)(9)-8 for more information.  
If you have more than one 403(b) tax-sheltered annuity  
account, you can total the RMDs and then take them  
from any one (or more) of the tax-sheltered annuities.  
TIP  
8
Instructions for Form 5329 (2023)  
Enter 25% or 10%, as applicable, of line 54. If you apply the  
10% rate, then check the box on line 55. Also include this  
amount on Schedule 2 (Form 1040), line 8.  
Line 54  
This is your total excess accumulation.  
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.  
For trusts and estates, include this amount 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.  
If you had excess accumulations in more than one qualified  
retirement plan, including an IRA, or eligible section 457 deferred  
compensation plan, then use the Line 55 Worksheet to figure the  
additional tax.  
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.  
Reduced tax rate. Generally, the additional tax rate for  
distributions that are less than the minimum required distribution  
amount (excess accumulations) is 25% for tax years beginning  
after December 29, 2022.  
3. Complete line 55 as instructed. You must pay any tax due  
that is reported on line 55.  
You may be eligible for a reduced tax rate of 10% if, during the  
correction period, you:  
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.  
1. Receive a distribution of the amount that resulted in the  
excess accumulation from the plan for which the tax was  
imposed; and  
2. Submit a return reflecting the additional tax.  
Line 55  
Correction window. The correction window is the period of  
time beginning on the date on which the additional tax is  
imposed on the distribution shortfall and ends on the earliest of  
the following dates:  
To figure the additional tax on the excess accumulation, you  
must first determine which tax rate applies.  
If you had an excess accumulation in only one qualified  
retirement plan, including an IRA, or eligible section 457 deferred  
compensation plan, then you will apply:  
The date of mailing the deficiency notice with respect to the  
imposition of this tax; or  
The date the tax is assessed; or  
25%, if you did not satisfy the requirements under Reduced  
The last day of the second taxable year that begins after the  
end of the taxable year in which the additional tax is  
imposed.  
tax rate; or  
10%, if you satisfied the requirements under Reduced tax  
rate.  
Line 55 Worksheet  
Part I. Excess Accumulation(s) Subject to 10% Tax  
1. Did you receive a distribution of the full amount of the excess accumulation from at least one qualified plan during the correction  
window?  
[ ] Yes. Go to line 2. Also, check the box on Form 5329, line 55. [ ] No. Go to Part II  
2. Enter the portion of line 52 from all plans for which you answered Yes” on line 1 . . . . . . . . . .  
3. Enter the portion of line 53 from all plans for which you answered "Yes" on line 1 . . . . . . . . . .  
4. Subtract line 3 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
2.  
3.  
4.  
5. Multiply the amount on line 4 by 10% (0.10). Continue to Part II if you had an excess  
accumulation in at least one plan from which you did not receive a distribution of the full amount  
of the excess accumulation during the correction window, otherwise enter the total on Form  
5329, line 55 and on Schedule 2 (Form 1040), line 8 or Form 1041, Schedule G, line 8 . . . . . .  
5.  
Part II. Excess Accumulation(s) Subject to 25% Tax  
6. Enter the portion of line 52 from all plans for which you answered “No” on line 1 . . . . . . . . . . .  
6.  
7.  
8.  
9.  
7. Enter the portion of line 53 from all plans for which you answered "No" on line 1 . . . . . . . . . . .  
8. Subtract line 7 from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
9. Multiply the amount on line 8 by 25% (0.25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
10. Add line 5 and line 9. Enter the total on Form 5329, line 55 and on Schedule 2 (Form 1040),  
line 8 or Form 1041, Schedule G, line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
10.  
9
Instructions for Form 5329 (2023)  
         
Privacy Act and Paperwork Reduction Act Notice.  
information are confidential, as required by section 6103.  
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.  
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 territories 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.  
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  
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.  
10  
Instructions for Form 5329 (2023)