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Here, from pub 590A, seems to be the pertinent point that helps my situation....
Applying excess contributions.
If contributions to your Roth IRA for a year were more than the limit, you can apply the excess contribution in 1 year to a later year if the contributions for that later year are less than the maximum allowed for that year.
Client has to pay the 6% for several back years, but, under the 'apply the excess contribution' scenario the problem will self correct in 2020....
thanks for your input
I dont think you need to amend, you can just send in the 5329's by themselves for the prior years.
I would expect you should amend, if there are multiple years with over-contributions and that was never reported or removed. Each of those years has the 6% excise tax and the earnings on that excess are considered taxable each year, as well. If none of that was reported, much less acted on, then there would be need to amend. Yes, if you remove all of it (excess + earnings), there still is time to avoid 2019 excise and income tax on it. Or, apply the 2019 overage to 2020, if it qualifies. Here:
https://www.irs.gov/publications/p590a#en_US_2019_publink1000231024
Here, from pub 590A, seems to be the pertinent point that helps my situation....
Applying excess contributions.
If contributions to your Roth IRA for a year were more than the limit, you can apply the excess contribution in 1 year to a later year if the contributions for that later year are less than the maximum allowed for that year.
Client has to pay the 6% for several back years, but, under the 'apply the excess contribution' scenario the problem will self correct in 2020....
thanks for your input
Isn't this your hurdle: "if the contributions for that later year are less than the maximum allowed for that year."
The person kept over-contributing, so there is no Self-correction except, there might still be time to use that for 2020.
Client contributed less than maximum in years when his income level precluded contributions as well as in years when his income did not preclude contributions.
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