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Hi Dmertz, thanks for the reply.  I understand what you are saying that by withdrawing the excess prior to the tax deadline that effectively the excess contribution did not happen.  I have heard that from a number of others.  However, how do I let the IRS know I have returned the excess HSA contribution before the tax deadline given that my W2's include the excess contributions?  I assume there has to be some way to document for the IRS that the excess was returned within the tax return for that same tax year.   I thought that the 5329 was there for that purpose.  Also, how and in what tax year do I report the added income that came from the return of excess contributions?