Amend past two years of taxes for HSA over contribution

[b234]

Reposting here as I think I put in the wrong topic yesterday. I need to amend my 2021 & 2022 taxes for an over-contribution to my HSA. It turns out I was ineligible to contribute during the last 6 months of 2021 and all of 2022. From the reading I have done it sounds like:

• For 2022 - I can move the HSA contributions and earnings from 2022 into 2023.

I originally thought I was only ineligible for the last 6 months of 2022 so I already did an excess contribution withdrawal and took the option to move it over into 2023. If I now move the first 6 months of 2022, that would put me way over the limit for 2023 since I had already been making contributions when I realized the problem. Could I remove my 2023 contributions + earnings now and treat them as income (would that just be an excess contribution withdrawal to me?), then move the remainder of my 2022 contributions into 2023? I think there is also a strong possibility that the contributions + earnings for 2022 could be more than the $3850 limit for 2023. If this is true, I would pay income tax and then the 6% penalty for 2022 and 2023 on any amount over $3850 but then could reduce my 2024 contributions by this amount so I wouldn't have to keep paying the 6% penalty?

• For 2021 - since the 2021 tax deadline filing has passed I can't withdraw my excess contribution for the last 6 months of 2021. In this case, I have to pay income tax and then a 6% penalty for 2021, 2022, and 2023 (since my 2022 rollover will max out my contribution). Then in 2024, only make contributions that add up to the limit from - the $1800 from the last 6 months of 2021, the possible 2022 overage from above, and the rest as regular contributions?

Is this correct or if not, what is the right procedure? I have tried contacting a tax professional and they said to ask the HSA provider, I asked the HSA provider and they said to ask a tax professional. Ugh, so I feel stuck trying to figure this out on my own.

Thanks!

[tagteam]

@dmertz should probably be able to answer this question.

[b234]

Thank you!

[dmertz]

Already answered the duplicate post here:

https://ttlc.intuit.com/community/after-you-file/discussion/amend-past-two-years-of-taxes-for-hsa-ov...

[b234]

Sorry about that, I realized after posting that I chose the wrong topic and didn't know if that made a difference. Thanks!