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the tax year that includes the last day

If you have more than one IRA, you

Privacy Act and Paperwork

by which the minimum required

can take the minimum required

Reduction Act Notice. We ask for the

distribution is required to be taken.

distribution from any one or more of the

information on this form to carry out the

individual IRAs.

Waiver of required minimum

Internal Revenue laws of the United

distributions for 2009. For 2009, you

States. We need this information to

For more details on the minimum

are not required to take a minimum

ensure that you are complying with

distribution rules (including examples),

distribution from your IRA or certain

these laws and to allow us to figure and

see Pub. 590.

employer-provided qualified retirement

collect the right amount of tax. You are

A qualified charitable distribution

plans that are defined contribution

required to give us this information if

will count towards your

plans. This waiver applies to plan

you made certain contributions or

minimum required distribution.

CAUTION

participants as well as beneficiaries in:

received certain distributions from

•

See Pub. 590 for more information.

Qualified retirement plans (including

qualified plans, including IRAs, and

Roth IRA. There are no minimum

401(k) plans),

other tax-favored accounts. Our legal

•

required distributions during the lifetime

Section 403(a) or 403(b) plans,

right to ask for the information

•

of the owner of a Roth IRA. Following

Section 457(b) governmental plans,

requested on this form is sections

the death of the Roth IRA owner,

and

6001, 6011, 6012(a), and 6109 and

•

required distribution rules apply to the

IRAs.

their regulations. If you do not provide

beneficiary. See Pub. 590 for details.

The waiver also applies to those

this information, or you provide

Qualified retirement plans (other

individuals who turned age 70

in 2009

incomplete or false information, you

than IRAs) and eligible section 457

and delay taking their required

may be subject to penalties.

deferred compensation plans. In

distribution until April 1, 2010. For more

You are not required to provide the

general, you must begin receiving

information on the temporary waiver,

information requested on a form that is

distributions from your plan no later

see Pub. 575 (retirement plans) and

subject to the Paperwork Reduction Act

than April 1 following the later of (a) the

Pub. 590 (IRAs).

unless the form displays a valid OMB

year in which you reach age 70

or (b)

control number. Books or records

Line 50

the year in which you retire.

relating to a form or its instructions

The temporary waiver does not apply to

Exception. If you owned more than

must be retained as long as their

required distributions for 2008, even for

5% of the employer maintaining the

contents may become material in the

individuals who turned age 70

in 2008

plan, you must begin receiving

administration of any Internal Revenue

and chose to take their required

distributions no later than April 1 of the

law. Generally, tax returns and return

distribution by April 1, 2009. If you

year following the year in which you

information are confidential, as required

postponed a distribution required for

reach age 70

, regardless of when you

by section 6103. However, we may give

2008 until 2009, enter that amount on

retire.

this information to the Department of

line 50. Also enter any amount which

Justice for civil and criminal litigation,

Your plan administrator should figure

does not qualify for the 2009 waiver for

and to cities, states, the District of

the amount that must be distributed

minimum distributions. See Waiver of

Columbia, and U.S. commonwealths

each year.

required minimum distributions for 2009

and possessions to carry out their tax

Waiver of tax. The IRS can waive part

above for plans that qualify for this

laws. We may also disclose this

or all of this tax if you can show that

waiver.

information to other countries under a

any shortfall in the amount of

tax treaty, to federal and state agencies

Required Distributions

distributions was due to reasonable

to enforce federal nontax criminal laws,

error and you are taking reasonable

IRA (other than a Roth IRA). You

or to federal law enforcement and

steps to remedy the shortfall. If you

must start receiving distributions from

intelligence agencies to combat

believe you qualify for this relief, attach

your IRA by April 1 of the year following

terrorism.

a statement of explanation and file

the year in which you reach age 70

The average time and expenses

Form 5329 as follows.

At that time, you can receive your entire

required to complete and file this form

1. Complete lines 50 and 51 as

interest in the IRA or begin receiving

will vary depending on individual

instructed.

periodic distributions. If you choose to

circumstances. For the estimated

2. Enter “RC” and the amount you

receive periodic distributions, you must

averages, see the instructions for your

want waived in parentheses on the

receive a minimum required distribution

income tax return.

dotted line next to line 52. Subtract this

each year. You can figure the minimum

If you have suggestions for making

amount from the total shortfall you

required distribution by dividing the

this form simpler, we would be happy to

figured without regard to the waiver,

account balance of your IRAs (other

hear from you. See the instructions for

and enter the result on line 52.

than Roth IRAs) on December 31 of the

your income tax return.

3. Complete line 53 as instructed.

year preceding the distribution by the

You must pay any tax due that is

applicable life expectancy. For

reported on line 53.

applicable life expectancies, see Pub.

590.

The IRS will review the information

If the trustee, custodian, or issuer of

you provide and decide whether to

your IRA informs you of the minimum

grant your request for a waiver.

required distribution, you can use that

For more details, see Pub. 590.

amount.

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Instructions For Form 5329 - Additional Taxes On Qualified Plans (Including Iras) And Other Tax-Favored Accounts - 2009 Page 6

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