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2010 IRA Conversion to Roth??

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    2010 IRA Conversion to Roth??

    New client ... when reviewing his prior year returns 2010 and 2011 it appears and he agrees that in 2010 he converted his SEP IRA in the amount of 28000 dollars to a Roth IRA. He said he recalls discussing this with his tax preparer at the time. His 2010 return does show 28000 but 0 as taxable. There is no indication in his return or papers that an 8606 was filed with the return indicating that he wanted to report half in 2011 and half in 2012. His 2011 return does not show anything relating to the above. Nothing reported.
    My first thought was to work up an 8606 for 2010 (and include with the amended returns) and amend his 2011 and 2012 returns to reflect 14000 taxable each year. However, after thinking about it, I wonder if I should be amending his 2010 return and report the entire distribution of 28000 as taxable in 2010. Based on the fact that no 8606 was filed to make the election to be taxed in the two future years.

    Any comments as to what way you would go. Thanks.

    It doesn't help that the client could not find or produce the 1099R from 2010. But he is 99% sure that his intention was to convert his SEP to a Roth at the time. He is also sure that his SEP was a traditional pretax. The money in the SEP was from several years ago when he was self employed.

    #2
    ... However, after thinking about it, I wonder if I should be amending his 2010 return and report the entire distribution of 28000 as taxable in 2010. Based on the fact that no 8606 was filed to make the election to be taxed in the two future years. ...
    Based on the instructions for the 2010 Form 8606, the election was to have it taxed all in one year (2010). Spreading it out over two years (2011 and 2012) was the default. The instructions required a 8606 in either case.

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      #3
      Thanks ... but what direction would you take now in 2013 being that no 8606 was filed in 2010. Amend 2010 and include the whole 28K. Or just amend 2011 and 2012 including half each year and possibly include a 2010 8606 now at this late date. I'm not sure what route to take at this time.

      Comment


        #4
        Penalty for Not Filing

        Originally posted by ddoshan View Post
        Thanks ... but what direction would you take now in 2013 being that no 8606 was filed in 2010. Amend 2010 and include the whole 28K. Or just amend 2011 and 2012 including half each year and possibly include a 2010 8606 now at this late date. I'm not sure what route to take at this time.

        If you are required to file Form 8606 to report a nondeductible contribution to a traditional IRA for 2012, but do not do so, you must pay a $50 penalty, unless you can show reasonable cause.

        Form 8606 may be filed separately (without an amended return).

        I would file an 8606 for 2010, then amend 2011 & 2012

        Mike

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