We have found a way to do this if you have the CD/download software, but you probably won't be able to e-file.
If this is OK, then please do the following:
1. Open your return.
2. Figure out how much of the $7,000 Family limit you will allocate to each spouse. (this is up to you, but this is how we will force the excess contributions)
3. Go to Forms Mode (upper right) (CD/download only)
4. Go to form 8889-S
5. On line 1, check Family.
6. In the Line 3 Smart Worksheet, check Family for each of the 12 months.
7. Now go back to form 8889-T.
8. In the Line 6 Smart Worksheet, on line C, enter the amount of the $7,000 Family limit that you are allocating to your spouse.
9. This will reduce your limit by that amount, and if your contributions are higher, your excess will be reported on the line 12 Smart Worksheet in A and C. ***Note: this is true only if the HSA contributions were through your employer; otherwise, I think the amount in line 2 (your direct contributions) gets reduced by the excess and put in line 13.
Important notes:
1. This method introduces unidentified errors in the 8889-S. This may prevent you from e-filing (but I don't know if TurboTax will try to e-file the 8889-S on a MFS return anyway). If you can't e-file, you will have to print and mail the return yourself.
2. This method may void the Tax Accuracy warranty (most overrides do).
3. I don't know what will happen if you go back through the HSA interview in Step-by-Step mode; it may undo or alter what you just did. This is an argument for doing the forms mode overrides last.
4. If you are using the Online product, none of this will work.
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