I read similar situations in last year’s community questions, but still have my doubts, so here’s our nitty-gritty:
I retired in January 2021. This was the first year my wife and I were insured in a HDHP. My employer contributed $300 into a HSA for me, and we made contributions into a HSA for her. We both had HDHP coverage through COBRA, me until May 2021 when I went on Medicare, and her through all of 2021 and until August 2022 when she went on Medicare. No other contributions were made into my HSA, but we personally funded her HSA to the max allowable for 2021 and then also for 2022. (uh oh!)
I discovered that our HSA administrator was charging me some service fee for having a dinky account, so I filed for medically covered distributions and zeroed out my HSA. She has received no medical related distributions from her HSA.
In doing our income taxes for 2022, I discovered that the 5 Medicare months for her in 2022 allowed no contribution, therefore we had an excess contribution of $1,937. The 6% additional tax was $116, so I just figured that was a tax on my ignorance and left her HSA account alone.
Then in doing our income taxes for 2023, I discovered that the excess contribution that remained in her HSA during 2022 became a new excess contribution for 2023 and we again would suffer the 6% additional tax. Furthermore, this would occur every year until the account became eventually depleted. To clean this up, we requested a distribution of the $1,937 excess contribution before the 2023 filing deadline of 4/15/2024 and received same from the HSA administrator, plus $4 earnings on that excess contribution. I assumed this excess contribution distribution (and $4 earnings) would be classified as additional income for 2024, along with a 20% penalty for me being double ignorant.
We received a 1099-SA for 2024 showing the $1,937 distribution in Box 1, the $4 earnings in Box 2, and Distribution Code 2 (excess contributions) in Box 3. All seemed right. However, when completing my draft TurboTax return (desktop TurboTax Premier), I see no 20% penalty, no place where the $1,937 is added to taxable income, and another 6% additional tax of $116. Answering the Step-by-Step interview questions, it does not seem to care that we eventually withdrew this carryover excess contribution.
I switched into Forms, but cannot manually force it to calculate the 20% penalty. The forms do indeed account for the $4 earnings in additional taxable income.
I get that the carryover excess contributions from 2022 become a new excess contribution in 2023. But why does the 20% penalty not calculate? Is the carryover considered a new excess contribution for 2023 and since it was distributed out before 4/15/2024 there is no 20% penalty? If so, why are we being assessed a 6% additional tax? Or is that the final 6% tax penalty and we’re not being assessed the 20% late carryover withdrawal penalty because we are over age 65 (as found on an IRS.gov FAQ page)?
I would be happy to, as Expert Bill said last year, “declare victory and move on”. But what I really don’t want to do is see any of this HSA nonsense again this time next year. Thanks in advance for your advice, or words of consolation, or prayers.
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"We received a 1099-SA for 2024 showing the $1,937 distribution in Box 1, the $4 earnings in Box 2, and Distribution Code 2 (excess contributions) in Box 3. All seemed right."
That's the problem. Correcting the 2021 excess contribution after the due date of your 2021 tax return can only be done by making an ordinary code-1 taxable HSA distribution. A code-2 distribution is not permitted and the HSA custodian erred in allowing such a request to be processed. (Even if this was permitted to be a return of contribution before the due date of the tax return, the amount in box 1 should be the sum of the amount of excess that you requested be returned ($1,937) and the attributable earnings ($4).)
The IRS and TurboTax provides no method to submit a substitute Form 1099-SA that way one can for a Form 1009-R. You'll either need to get the HSA custodian to correct the Form 1099-SA to have code 1 in box 3 and $0 in box 2 or you'll need to enter the Form 1099-SA with code 1 and $0 in box 2 to replace the one that you received, then print and mail your tax return and add an explanation statement as to why you reported the distribution with code 1 instead of code 2. In either case you'll need to indicate that none of this was used for qualified medical expenses so that the entire $1,937 is made taxable.
Now THAT makes sense. Maybe later I will try the Code 1 ploy in TurboTax to see if it all works out. I bet we will very much play heck trying to get the custodian to issue us a corrected 1099-SA. Due to other complications, I actually have a CPA do our filings and I will see how he wants to handle it. Neither I nor he would like to file a paper copy, so maybe he has a way to include a statement in the e-filings as you advise. Thanks so much for the response.
Perhaps the CPA can e-file with such an explanation included. TurboTax cannot.
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