Reply To: Excess Roth Contribution

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#3127
Alan S.
Participant

Bruce, I wasn’t sure exactly what you meant by that question. Form 5329 deals with all the aspects of excess contributions from determining the balance of the excess to determining the 6% excise tax for each year.

It also reports the two common automatic corrective mechanisms for excess contributions:
1) Removal of the excess after the due date
2) Applying the excess as a current year contribution.

Either of the above will retire the excess amount (or a portion of it). Since there is no statute of limitations for excess contribution, the 5329 can be filed anytime. Since excess amounts can be cumulative, the 5329 should be filed for the first year of an excess that is not removed by the due date, and any excess not corrected by one of the two methods incurs the excise tax for the current year. While a distribution must be done by 12/31 of the current year, applying to space available is automatic so a 5329 can be filed years later or amended. Therefore there is no time limit for filing a 5329 to retire an excess amount by applying it to the specific year.