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MDCPA

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  1. Code 05 on form 5329 is for the medical exception. My question would be is this sufficent action or should TP have the issuer of the 1099 R correct the Distribution Code.

    You have outlined the correct procedure - tax preparer completes form 5329 - uses code 05 - no penalty. Issuer of 1099R has used the correct distribution code assuming your client is under 59 1/2.

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