I did ask for the overcontribution to be returned as an excess contribution. My 1099SA distribution has it coded as excess contribution.
So far I have asked 2 CPAs and turbotax live. I got 3 different answers!
1) Turbotax live: Said to answer the qualified funding distribution (your picture) as no, I do not meet these conditions. Result is I have to pay 10% tax on the $8200 even though the IRS instructions for 8889 say "
However, you can withdraw some or all of your excess contributions for 2021 and they will be treated as if they had not been contributed"
2) CPA 1: I do not have to pay 10% additional tax. Report line 19 Qualified funding distribution as $0 since it was reversed. Turbotax does not allow me to zero line 19 unless I I answer the question above as "Yes, I meet these conditions"
3) CPA 2: Dont enter the 1099R nor the the 1099SA on your tax return since they cancel each other. If I delete these 2 forms in turboxtax, then there is no issue. I am very uncomfortable excluding these forms since one thing the IRS checks is undeclared income and that would increase my audit risk.
I am leaning to option #2 above. It will void the Turbotax guarantee but it will allow me to efile. Overriding it will also void the turbotax guarantee and also prevent efling!
Ask your HSA custodian if they will recharacterize your qualified HSA funding distribution as a mistaken contribution. Then the 1099-SA will be on their books as the return of the contribution. They may also issue a corrected 5498-SA showing the effects of all this (if they have already sent you the 5498-SA, they may not have).
That way, if you decide to not enter either the 1099-R or the 1099-SA, the HSA custodian's records will back up what you did and why. Any audit of a tax return on form 8889 is going to involve gathering your records, your employer's record, the HSA custodian's records, and (in this case) the IRA administrator's records.
If you can get the HSA custodian to update their records, this will go a long way to explain why what happened, happened.
But, as you suspect, leaving out forms that you received that the IRS also received, does increase the chance of getting a letter from the IRS, which gives you a chance to explain. So it's good to have as many ducks in the row as possible if the letter comes.
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