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ProSeries Frequently Asked Questions

Form 5329 Is Not Limiting the 10% Penalty Under Certain Conditions

Products Affected:

  • ProSeries/1040
  • ProSeries Basic/1040

Situation

Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, is not limiting the 10% penalty when the following is true:

  • On the Form 1099-R Worksheet an amount is entered as a distribution from an IRA with code 1, and
  • an amount is entered on the "Amount of health savings account (HSA) funding distributions" line or the "Amount of qualified insurance premiums paid subtracted from an eligible retired public safety officer's distribution" line on the Form 1099-R Worksheet. The penalty should not apply to amounts on these lines.

Solution

This situation was corrected in the Federal 1040 update that became available online on January 2, 2008. Download and install the update if you have not already done so. (From the Update menu, choose Update Installed Products.)

Workaround (prior to update)

On Form 5329, enter the amount not subject to the penalty on line L, Column A of the Distributions Not Subject to Additional Tax Smart Worksheet.

Tax Year: 2007
Last Updated:  09/09/2008

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