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Form 5329
Form 5329

Form 5329Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts

4 — Additional Tax on Early Distributions Updated for tax year 2025

Does this apply to you?

  • You took early distributions from a retirement account before age 59½ and no exception applies
  • You owe the 10% penalty on some or all of your early retirement account withdrawals
  • You need to calculate the penalty amount that flows to your Form 1040

Easy to overlook

The penalty is 25% (not 10%) for SIMPLE IRA distributions within the first two years If you participated in a SIMPLE IRA for less than two years and take an early distribution, the additional tax is 25% instead of 10%. The two-year period starts from the date your employer first deposited contributions into your SIMPLE IRA. A $20,000 early SIMPLE IRA distribution within the first two years costs $5,000 in penalties, not $2,000. 1 IRS Publication 590-B — Distributions from IRAs

This penalty is on top of regular income tax The 10% additional tax on line 4 is not your total tax on the distribution. The distribution itself is taxed as ordinary income (reported on Form 1040 lines 4b or 5b). If your marginal tax rate is 22%, a $20,000 early distribution costs $4,400 in income tax plus $2,000 in penalty — $6,400 total. Filers often budget for only the 10% and are surprised by the combined tax hit. 2 IRS Form 5329 instructions — Line 4

Watch out for this

Forgetting to file Form 5329 entirely. If your 1099-R shows code 1 in Box 7 (early distribution, no known exception), the IRS expects Form 5329. If you qualify for an exception, you still file Form 5329 to claim it — otherwise the IRS assesses the 10% penalty automatically based on the 1099-R code and sends you a bill.

Footnotes

  1. IRS Publication 590-B, Distributions from Individual Retirement Arrangements, SIMPLE IRAs. https://www.irs.gov/pub/irs-pdf/p590b.pdf

  2. IRS Form 5329 Instructions, Line 4. https://www.irs.gov/instructions/i5329

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