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Employee
June 1, 2019
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I neglected to file my non deductible IRA contributions on an 8606 for many years ....Is there anything I could do now???

  • June 1, 2019
  • 4 replies
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In December 2016 we took our first ever IRA distributions. While preparing our tax forms for 2016 I reviewed  the non deductible contributions we both made to our individual IRA accounts over the years.

I was shocked to find  the last 8606 I filed was in 1994, and have not filed any since then although we have made non deductible contributions between 1997 and

2010.

Is there anything I can do to correct this? Didn’t the IRS get 5498’s from the IRA custodians during these years?

    Best answer by IsabellaG

    You can file delinquent Forms 8606, even as far back as 1995, on a standalone basis, meaning that you can file them without amending your tax returns. There can be a penalty of $50 for not filing Form 8606 on a timely basis, but the penalty can be waived if you can show reasonable cause for not filing.

    File these delinquent forms separately from your tax return.

    See this IRS link regarding Form 8606 and see this information for suggestions regarding “reasonable cause.”

     

     

    4 replies

    IsabellaG
    IsabellaGAnswer
    Employee
    June 1, 2019

    You can file delinquent Forms 8606, even as far back as 1995, on a standalone basis, meaning that you can file them without amending your tax returns. There can be a penalty of $50 for not filing Form 8606 on a timely basis, but the penalty can be waived if you can show reasonable cause for not filing.

    File these delinquent forms separately from your tax return.

    See this IRS link regarding Form 8606 and see this information for suggestions regarding “reasonable cause.”

     

     

    **Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"
    macuser_22
    Employee
    June 1, 2019
    Link to 8606 form  <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8606.pdf">https://www.irs.gov/pub/irs-pdf/f8606.pdf</a>
    Link to 8606 instructions <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i8606.pdf">https://www.irs.gov/pub/irs-pdf/i8606.pdf</a>
    **Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
    September 27, 2019

    I have a slightly different issue.  I did non-deductible IRA contributions from mid 2000s to now.  When I submitted my 8606s, I just noted the contribution for that year, and I did not report the entire value of my IRA with pretax (401k rollovers) and posttax dollars.  Am I allowed to go back and make the corrections?

     

    Thanks!

    Employee
    September 27, 2019

    brb408wpb, have you made any distributions or Roth conversions from your traditional IRAs?  If not, nothing needs correcting.  Although you probably should have previously included on line 2 of Form 8606 an adjustment for the after-tax money rolled over from the 401(k), you can do that on the next Form 8606 that you file as long as you have not made any distributions or conversions prior to 2019.  Such an adjustment requires your tax return to include an explanation statement describing the adjustment.  Your year-end balance in traditional IRAs is only relevant to determining the taxable amount of distributions and conversions.

     

    If you have made distributions or Roth conversions prior to 2019 after establishing basis in nondeductible traditional IRA contributions and did not prepare Forms 8606 correctly, the corrections might be rather complex.

     

    If your Forms 8606 did not include on line 2 the previous year's Form 8606 line 14 amount, that's another problem that will need to be corrected.

    June 1, 2020

    Hi,

    I read through the conversation but not clear for my situation so hoping somebody can help!

     

    Made non-deductible contribution to traditional IRA for tax year 2011. Since then no distribution , no additional non-deductible contributions and no Roth conversions. At the time CPA forgot to file 8606. I do my own taxes now via Turbotax.  What do I need to do now? Is it necessary to file 8606 for 2011?

     

    Thanks!

    macuser_22
    Employee
    June 1, 2020

    @AG2020 wrote:

    Hi,

    I read through the conversation but not clear for my situation so hoping somebody can help!

     

    Made non-deductible contribution to traditional IRA for tax year 2011. Since then no distribution , no additional non-deductible contributions and no Roth conversions. At the time CPA forgot to file 8606. I do my own taxes now via Turbotax.  What do I need to do now? Is it necessary to file 8606 for 2011?

     

    Thanks!


    Yes.   Without a 8606 you will loose the ability to be able to use the 2011 non -deductible contribution to help offset tax liability.

     

    You can download the 2011 8606 here:

     

    https://www.irs.gov/pub/irs-prior/f8606--2011.pdf

    https://www.irs.gov/pub/irs-prior/i8606--2011.pdf

     

    You  can attach a request to waive the $50 penalty for failing to file the 8606 when due.

     

    **Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
    June 1, 2020

    Thank you! I see that my CPA might have filed 8606 for 2012 return including 2011 contribution. Do I still need to file 8606 for 2011?

     

    October 14, 2021

    What is the difference between filing a 8606 and filing an amended return?  does an amended return avoid the penalty? 

    I'm in the same boat as may - as I did my taxes on Turbo Tax each year, I never saw any indication that you must file the form even if there wasn't a deduction to be had.... so skipped it since I knew it wouldn't be deductible and thought that was the purpose of keeping your financial records! ("let's check for a deduction" didn't signal to me that I had to file regardless!)  

    fanfare
    Employee
    October 14, 2021

    @BBDTx2 


    Use Form 1040-X to change or add information on an already filed tax return.
    The Form should have been attached to your original Form 1040.

     

    It's been posted here that IRS has been sending back standalone forms and asking for 1040-X.

     

    It costs you nothing to report the missing 8606 on 1040-X.
    If you aren’t changing any dollar amounts you originally reported, you don't have to do column A B C.
    You aren't changing any dependents.

    Just fill out the top and Explanation Part III

    The blank form in fillable PDF format and its instructions are available at www.irs.gov.
    For several years back anyway.
    you would need 1040-X for each year.

    The policy of IRS to apply the penalty, I can't comment.
    I've never seen any post here that the IRS charged the $50.
    --
    I've always argued to put the missing total prior years basis on the current year form 8606 and
    send in one form and be done with it.
    I get a lot of pushback here on that suggestion.
    Use your own judgement.
    --
    From 2017 IRS Pub 590A
    "Failure to report nondeductible contributions. If you
    don’t report nondeductible contributions, all of the contributions
    to your traditional IRA will be treated like deductible
    contributions when withdrawn. All distributions from
    your IRA will be taxed unless you can show, with satisfactory
    evidence, that nondeductible contributions were made. [my italics added]"