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Full Version: Waiver of Excess Accumulation Penalty
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Appleby
The IRS has provided written confirmation that taxpayers who are requesting a waiver of the excess accumulation penalty, should not pay the penalty upfront. The following statement was included in a Special Edition issue of their Employee Plan news :

QUOTE
"The recently-released 2007 Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, reflects a change in IRS policy for taxpayers who miss taking their required minimum distribution from an IRA because of a reasonable error. Taxpayers who feel they meet the reasonable cause criteria set out in IRC §4974(d) are now allowed to not pay the 50% excise tax when they file their Form 1040. The Instructions for Form 5329, under Waiver of Tax on page six, instruct taxpayers to attach a statement of explanation, complete Part VIII of the form, make the appropriate "RC" annotation, and enter the amount they want waived on line 52."
RJMOB
Note that there is a minor rolleyes.gif typographical error on the 5329 (2007) "Excess Accumulation" instructions for qualified plans.

On page 6, immediately above the paragraph titled "Privacy Act and Paperwork Reduction Notice", is the sentence "For more details, see Pub. 590." That should read "..Pub. 575" as Pub. 590 only addresses IRA accounts.
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