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@chuckywang wrote:
Thanks this definitely should have been a Tax Year 2022 HSA contribution. I was $300 short of the limit in 2022 and $300 over the limit in 2023. I think my employer might have made a mistake in this case?
Can I file my taxes by October 15th, then file a correction to my W-2 later on?
I will give you my thoughts because the time is short, while acknowledging that @dmertz knows more of the deep details of this type of situation.
In my mind, what matters is what the employer told the HSA bank. If the employer told the HSA bank this was a 2022 contribution, then it would be recorded on your 2022 form 5498-SA from the HSA bank, even though it was on your 2023 W-2. Have you checked your 2022 form 5498-SA? Also, have you checked your 2023 form 5498-SA?
If it is recorded as a 2022 contribution, then you do not have an excess for 2023, but you do need to file an amended return for 2022 so all the numbers tie up, and you would prepare your 2023 return according to @dmertz 's instructions.
If it is not recorded as a 2022 contribution by the HSA bank, then your problem is first, getting the employer to recognize the mistake, then second getting the employer to contact the HSA bank to change the mistake, then third getting the HSA bank to agree to correct the mistake by issuing corrected forms 5498-SA for both 2022 and 2023. I don't know if these corrections can be legally made, or if the bank and employer would agree to help.
If you file today using @dmertz 's instructions, and then the employer and bank refuse to make the corrections, then your 2023 return will be wrong and you will eventually have to file an amended return to pay the penalty and carry the excess forward to 2024. (If you did have an excess carry forward to 2024, you would have until April 15, 2025 to remove that excess and avoid any future penalties.)
The first thing you need to do is download and review the 5498-SA forms from 2022 and 2023 to see where you really stand.