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Pat_9
New Member

Post tax HSA contribution when NOT eligible prior years

Hello, I'm hoping someone could help me with my situation... I believe I was eligible to contribution self - post tax money in an HSA account because I have HDHP but was not aware that I have received the Medical reimbursement fund from my company - it's also "general medical reimbursement". I've tried to contact the tax advisor but it's costly ($7xx) - I did try to ask ChatGPT multiple times and I got different answers every time. I feel like the blind leading the blind. Bottomline, I just want to fix it - I believe I was eligible to contribute but turned out, I've made a mistake... My situation was, I have contributed max for 2023, 2024 and 2025. so far, I have removed the contribution out from the account with the reason of "mistakenly contributed" I understand that I'm good with 2025 as it's within the deadline of this year. However, 2023 and 2024 had passed. How should I fix it? In 2023 and 2024, I also taken a deduction when filed the tax for both years as well... I don't think I won't be become eligible any time soon (as long as I choose to stay with the same company). What is the best way to fix the issue... I know I might have to file 1040x, 5329 and 8889? I also know that I'd need to pay 6% and 20% penalties? If so, do I need tax advisor to do it for me? Or I can send out the docs myself..... I have read tons of articles and posts in many websites but again, it seems there're various responses and answers so I would hope anyone here can help me... 

 

Please help. Thank you so so much in advance!

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5 Replies

Post tax HSA contribution when NOT eligible prior years

you'll need to file amended returns for 2023 and 2024. in the 8889 /HSA section of Tuirbotax indicate you did not have a HDHP. this will result in form 5329 being generated and you will lose any HSA deduction and owe a 6% penalty on the lower of the contributions or account balance

 

 

contact the administrators and tell them you are withdrawing excess contributions from 2023 and 2024 in 2025 you'll need to withdraw the entire balance. you will pay taxes on the income and be subject to a 20% penalty for the nonqualified HSA withdrawal. 

 

Post tax HSA contribution when NOT eligible prior years

I think you mean you have a Healthcare Reimbursement Arrangement (HRA) with your employer.  That does make you not eligible to make HSA contributions.  

 

For 2023 you need to file an amended tax return to report the ineligible contributions.  It will have a form 5329, and a form 8889 (but there should already be an 8889).  You will pay income tax on the contributions (because you lose the deduction) plus a 6% penalty.

 

For 2024 you need to file an amended tax return to report the ineligible contributions.  It will have a form 5329, and a form 8889 (but there should already be an 8889).  You will pay income tax on the 2024 contributions (because you lose the deduction) plus a 6% penalty on the combined balance from 2023 and 2024.

 

Note that the penalties are 6% of the ineligible contribution, or 6% of the account balance as of December 31 of the tax year, whichever is less.  So if you spent some of the money, your penalty will be less than 6% of the entire contribution.

 

If you used tax software to file your 2023 and 2024 returns, you can use the same software to amend.  Just change your answer on HSA eligibility, and the program should figure out the consequences.  If you filed by hand, and are comfortable doing that, you can probably file the amended returns.  An amended return would be a copy of the new return with the new (corrected) information, plus a 1040-x to summarize the changes.  

 

For 2025 you have already removed the excess 2025 contributions so you only need to deal with the accumulated excess from 2023 and 2024.  If you withdraw the funds, you will pay income tax plus a 20% penalty (rough estimate 44% tax).  If you don't withdraw the funds, you will pay 6% a year for every year the excess funds remain in the account.  But that 6% is based on the account balance, so if you draw down the funds for medical expenses, the penalty will be less every year until you use up the funds.  So if you think you can use up the funds for qualified medical expenses in 5 years or less (roughly speaking) then you will probably pay less tax in the long run by leaving the money in the account and paying 6% per year until you draw it down to zero.

 

There is another option if you think you will be eligible to make new contributions in the future, but I think you said that's not on the table so I will not discuss that option for now. 

 

If you want to withdraw the funds now, pay the massive tax, and get it over with, just make a regular withdrawal, and don't use it for medical expenses (and tell your tax software that is was not used for medical expenses).  You can't make a special withdrawal of those older deposits, it has to be a regular withdrawal. 

Post tax HSA contribution when NOT eligible prior years


@Mike9241 wrote:

 

contact the administrators and tell them you are withdrawing excess contributions from 2023 and 2024 in 2025 you'll need to withdraw the entire balance. you will pay taxes on the income and be subject to a 20% penalty for the nonqualified HSA withdrawal. 

 


This is incorrect.  It is too late to make a special withdrawal of the 2023 and 2024 contributions.  Talking to the plan administrator will only confuse things because they can't do a special withdrawal.  If you want to remove the excess 2023 and 2024 contributions now, you just make a regular withdrawal, and then not use it for medical expenses.  That will trigger the income tax and 20% penalty on your tax return.  

Pat_9
New Member

Post tax HSA contribution when NOT eligible prior years

Thank you BOTH!

 

So let's say I choose to leave the fund on account and pay 6% every year that I have the remaining fund till it's drawn out - I'd just need to amend the 1040? I filed both with Turbo tax so maybe this'd be somewhat easier? time and cost effective? 

Post tax HSA contribution when NOT eligible prior years


@Pat_9 wrote:

Thank you BOTH!

 

So let's say I choose to leave the fund on account and pay 6% every year that I have the remaining fund till it's drawn out - I'd just need to amend the 1040? I filed both with Turbo tax so maybe this'd be somewhat easier? time and cost effective? 


No matter what you do from now on, you still need to file amended returns for 2023 and 2024 to report the excess contributions, remove the deduction, and pay the 6% penalty.

 

Going forward, if you decide the leave the funds in the account to spend down, you simply include that information with your regular 1040 tax return.  When you do the HSA interview for your 2025 tax return, Turbotax will ask if you had any carryover of excess contributions from 2024, you will get this information from your (amended) 2024 form 5329.  The program will take into account the carryover excess, any withdrawals for medical expenses, and calculate the new penalty, all as part of the normal tax return. 

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