I have a tax client who put too much in his Roth in 2008. His AGI is over the limits and him and his wife put in $4,800. I believe he said he was also over the limit in 2007. Of course it was not deductible, but what does he need to do now? Any consequences/penalties when I prepare his 2008 returns? Thanks.

Makarov,
I am not sure of the answer, but I know Denise knows what should be done.

I will leave her a note so that when she comes in she can respond, if you have not gotten a response by then.

J

Remove excess plus earnings by 2008 tax filing date plus extensions to avoid a 6% penalty tax for 2008 excess. 2007 excess is now subject to 6% penalty. Remove principal amount only & file form 5329 for 2007 excess. Contact the trustee/custodian for their forms and procedure.

Page 64 of IRS publication 590.
http://www.irs.gov/pub/irs-pdf/p590.pdf

Does anyone know of the IRS abating the Sec 4973 6% excise tax for excess contributions after due date of return? If so, what were the circumstances?

Thank you.