Form 5329

Form 5329: Additional Taxes on Qualified Plans (Including IRAs) (2026)

Report — and often reduce — penalties on retirement account distributions.

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What it is

Form 5329 reports additional taxes on retirement accounts: the 10% early-distribution penalty and the excise tax on a required minimum distribution you did not take. SECURE 2.0 reduced the maximum missed-RMD excise tax from 50% to 25%, and it may be reduced further — generally to 10% — when the shortfall is corrected within the applicable correction period and this form is filed.

Missed RMD excise tax
Up to 25%
If corrected promptly
May be reduced, generally to 10%
Early distribution
10% before age 59.5, with exceptions
Waiver
Available for reasonable cause

Who files Form 5329

  • Anyone who missed or under-took a required minimum distribution.
  • People who took a distribution before 59.5 without an exception.
  • Taxpayers who over-contributed to an IRA or HSA.
  • Anyone requesting a waiver of the missed-RMD excise tax.

Missed an RMD? Act quickly

Take the missed distribution as soon as you discover the shortfall, then file Form 5329 for the year you missed it. Correcting within the applicable correction period can reduce the excise tax substantially. The IRS may also waive it entirely for reasonable cause — attach a statement explaining what happened and what you did to fix it.

Treat none of these rates as automatic: which applies depends on your facts and timing.

Your RMD starting age depends on your birth year

There is no single RMD age. It is generally 73 for people born from 1951 through 1959, and 75 for those born in 1960 or later. People born in 1949 or 1950 had a starting age of 72 under earlier law. Using the wrong age is a common route to a missed RMD.

The two routes to a shortfall that people do not see coming

The first is aggregation. Traditional, SEP and SIMPLE IRAs may be combined — compute each account's required amount, then take the total from any one of them. Employer plans may not. A 401(k) or governmental 457(b) must satisfy its own amount from that plan, and 403(b) contracts aggregate only with each other. Taking an old 401(k)'s required amount out of an IRA leaves that plan short, and a shortfall carries the excise tax even though the money did come out of a retirement account.

The second is using the wrong table. Almost every owner uses the Uniform Lifetime Table (Publication 590-B, Appendix B, Table III). An owner whose spouse is the sole beneficiary of the account for the whole year AND is more than 10 years younger uses the Joint Life and Last Survivor Table (Table II) instead, which gives a larger distribution period and a smaller required amount. Naming a second beneficiary partway through the year moves you back to Table III for that year — and the amount you owe goes up.

Frequently asked questions

What is the penalty for missing an RMD?

An excise tax on the amount you failed to withdraw, up to 25% under SECURE 2.0 — reduced from the former 50%. It may be reduced further, generally to 10%, when corrected within the applicable correction period and reported on Form 5329.

At what age do RMDs start?

It depends on your date of birth: generally 73 if you were born from 1951 through 1959, and 75 if you were born in 1960 or later.

Can the penalty be waived entirely?

Yes. The IRS may waive it for reasonable cause. Take the missed distribution, file Form 5329, and attach an explanation of the cause and the corrective action.

Can I satisfy a 401(k) RMD from my IRA?

No. Each employer plan must satisfy its own required amount from that plan. Only traditional, SEP and SIMPLE IRAs aggregate with each other, and 403(b) contracts aggregate only with other 403(b) contracts. Taking an employer plan's amount from an IRA leaves that plan short and exposes the shortfall to the excise tax.

Does a qualified charitable distribution count toward my RMD?

Yes, if it comes from an IRA and you are at least 70½. The amount counts toward the required distribution and is excluded from gross income entirely, so it also keeps AGI down for the Social Security inclusion test and the Medicare premium tiers. It must be paid directly by the custodian to the charity.

Sources & verification

Last reviewed July 12, 2026.

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Educational overview only. This page summarizes Form 5329 in plain English and pairs it with an estimator; it is not the official instructions and does not cover every situation. Always use the current IRS form and instructions, and confirm with a qualified tax professional. Full disclaimer.