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If you timely filed your return without

years. When you complete Form 5329

Year(s)

Contribution Contribution

limit

limit if age

withdrawing the excess contributions,

for 2009, you enter $1,000 (not $800)

50 or older

you can still make the withdrawal no

on line 20, because you withdrew the

at the end

later than 6 months after the due date

entire balance.

of the year

of your tax return, excluding extensions.

Line 23

If you do, file an amended return with

2008

$5,000

$6,000

“Filed pursuant to section 301.9100-2”

Enter the excess of your contributions

written at the top. Report any related

to Roth IRAs for 2009 (unless

2007 or

$4,000

$5,000

earnings for 2009 on the amended

withdrawn — see below) over your

2006

return and include an explanation of the

contribution limit for Roth IRAs (see the

2005

$4,000

$4,500

withdrawal. Make any other necessary

instructions for line 19 on this page).

changes on the amended return (for

2002

$3,000

$3,500

Any amounts converted (including

example, if you reported the

through

any amounts rolled over from a

contributions as excess contributions

2004

qualified retirement plan) to a Roth IRA

on your original return, include an

are excess Roth IRA contributions if

1997

$2,000

—

amended Form 5329 reflecting that the

your modified AGI for Roth IRA

through

withdrawn contributions are no longer

purposes is over $100,000 or your filing

2001

treated as having been contributed).

status is married filing separately and

before

$2,250

—

you lived with your spouse at any time

Part IV—Additional Tax

1997

in 2009. See Recharacterizations in the

on Excess Contributions

Instructions for Form 8606 for details.

Do not include rollovers from another

to Roth IRAs

Roth IRA or designated Roth account in

If the total contributions for the year

figuring your excess contributions.

If you contributed more to your Roth

included employer contributions to a SEP,

IRA for 2009 than is allowable or you

increase that amount by the smaller of the

You can withdraw some or all of your

had an amount on line 25 of your 2008

amount of the employer contributions or:

excess contributions for 2009 and they

Form 5329, you may owe this tax. But

will not be treated as having been

you may be able to avoid the tax on

2008

$46,000

contributed if:

•

any 2009 excess contributions (see the

You make the withdrawal by the due

2007

$45,000

instructions for line 23 on this page).

date, including extensions, of your 2009

2006

$44,000

tax return, and

•

You withdraw any earnings on the

Line 18

2005

$42,000

withdrawn contributions and include the

Enter the amount from line 24 of your

earnings in gross income (see the

2004

$41,000

2008 Form 5329 only if the amount on

Instructions for Form 8606 for details).

2003 or 2002

$40,000

line 25 of your 2008 Form 5329 is more

Also, if you had not reached age 59

than zero.

at the time of the withdrawal, include

2001

$35,000

the earnings as an early distribution on

Line 19

before 2001

$30,000

line 1 of Form 5329 for the year in

If you contributed less to your Roth

which you report the earnings.

IRAs for 2009 than your contribution

Note. A Form 5329 is not required if

limit for Roth IRAs, enter the difference.

Line 15

the excess Roth IRA contributions are

Your contribution limit for Roth IRAs is

not treated as having been contributed

Enter the excess of your contributions

generally your contribution limit for

and you do not have any earnings to

to traditional IRAs for 2009 (unless

traditional IRAs (see the instructions for

report as early distributions on the form.

withdrawn — see below) over your

line 10 on page 3) reduced by the

contribution limit for traditional IRAs.

amount you contributed to traditional

If you timely filed your return without

See the instructions for line 10 on page

IRAs. But your contribution limit for

withdrawing the excess contributions,

3 to figure your contribution limit for

Roth IRAs may be further reduced or

you can still make the withdrawal no

traditional IRAs. Any amount you

eliminated if your modified AGI for Roth

later than 6 months after the due date

contribute for the year in which you

IRA purposes is over:

of your tax return, excluding extensions.

•

reach age 70

or a later year is an

$166,000 if married filing jointly or

If you do, file an amended return with

excess contribution because your

qualifying widow(er),

“Filed pursuant to section 301.9100-2”

•

contribution limit is zero. Do not include

$0 if married filing separately and you

written at the top. Report any related

rollovers in figuring your excess

lived with your spouse at any time in

earnings for 2009 on the amended

contributions.

2009, or

return and include an explanation of the

•

$105,000 for any other taxpayer.

withdrawal. Make any other necessary

You can withdraw some or all of your

changes on the amended return (for

See Pub. 590 for details.

excess contributions for 2009 and they

example, if you reported the

will not be treated as having been

Line 20

contributions as excess contributions

contributed if:

on your original return, include an

•

Generally, enter the amount from Form

You make the withdrawal by the due

amended Form 5329 reflecting that the

8606, line 19, plus any qualified

date, including extensions, of your 2009

withdrawn contributions are no longer

distributions. But if you withdrew the

tax return,

treated as having been contributed).

•

entire balance of all your Roth IRAs, do

You do not claim a traditional IRA

not enter less than the amount on Form

deduction for the withdrawn

Part V—Additional Tax

5329, line 18 (see Example).

contributions, and

•

on Excess Contributions

You withdraw any earnings on the

Example. You contributed $1,000

withdrawn contribution and include the

to a Roth IRA in 2007, your only

to Coverdell ESAs

earnings in gross income (see the

contribution to Roth IRAs. In 2009, you

Instructions for Form 8606 for details).

discovered you were not eligible to

If the contributions to your Coverdell

Also, if you had not reached age 59

contribute to a Roth IRA in 2007. On

ESAs for 2009 were more than is

at the time of the withdrawal, include

September 9, 2009, you withdrew $800,

allowable or you had an amount on line

the earnings as an early distribution on

the entire balance in the Roth IRA. You

33 of your 2008 Form 5329, you may

line 1 of Form 5329 for the year in

must file Form 5329 for 2007 and 2008

owe this tax. But you may be able to

which you report the earnings.

to pay the additional taxes for those

avoid the tax on any 2009 excess

-4-

Instructions For Form 5329 - Additional Taxes On Qualified Plans (Including Iras) And Other Tax-Favored Accounts - 2009 Page 4

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