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I live in California. I had a early distribution from Roth IRA with the code J and I am under age 59 1/2. Also, box 2b is marked ""taxable amount not determined"" on 1099R. I completed form 8606. None of it is taxable for federal purposes because my contributions are more than my distribution. I am not required to file 5329 because it not taxable. I contacted the state of California Franchise Tax Board and I was told I was required to file form 3805p. Apparently, it doesn't matter the contribution was nontaxable per publication 1005. Line 1 of the 3805p states ""early distributions included income. For early Roth IRA distributions, see instructions."" Line 19 of my federal tax form 8606 shows the distribution. Line 22 shows my contributions and Line 25 shows 0 as well as Line 36 which shows 0. I am not sure what to put on Line 1 as well as Line 2 of the 3805p form. Please advise.


Expert Stephen Bonick's Answer:

Do not report it on 8606 or 3805p.  It is not taxable.  The forms aren't the law. 

Stephen Bonick, CPA


25 yrs experience

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