In roughly two weeks you can enter it on form 8915E.

Out of curiosity... Is everyone waiting for the 8915E to remove the 10% penalty too?

I can see waiting for the form to report the 1/3 taxing but can we just enter the amount as other on Form 5329 to remove the penalty? If the IRS asks for additional information, then send the 8915E?

You put your clients at risk if you don't use form 8915E.