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How do I dispute an "excess contribution" being taxed to my HSA?

While preparing my taxes using Deluxe TurboTax, the software shared that I may want to withdraw money from my HSA as it looks like I have an excess contribution of ~$3k (being taxed an extra 6%).  The options presented to me include withdrawing the full excess amount to prevent being taxed, withdrawing some of it, or not withdrawing at all. 

However, I have less than $1k in my HSA in total, which is reflected on my 2022 statement.

Do I need to dispute this to someone, or simply ignore it?
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Accepted Solutions
BillM223
Expert Alumni

How do I dispute an "excess contribution" being taxed to my HSA?

"Excess contributions" for an HSA has nothing to do with how much is in your HSA, but with how much you contributed to your HSA during 2022. Please read the following:

 

How to fix over contributions to your HSA for 2022

 

It is possible to accidentally indicate to TurboTax that you made excess HSA contributions when perhaps you haven't.

 

I understand that the following list is long, but these are all reasons that taxpayers get excess contribution messages.

 

If you find that your situation is not one of these cases, then please make a new post in which you indicate:

  • your HDHP coverage and for which months
  • your spouse's HDHP coverage and for which months
  • your HSA contributions (both through your employer and directly to the HSA)
  • your spouse's HSA contributions (both through your spouse's employer and directly to the HSA)
  • the amount of the excess
  • whether or not either of you went on Medicare and what month
  • whether or not (and the amount) of carryover of excess contributions from 2021 for either of you

***main answer***

 

One of the purposes of the HSA interview is to determine your annual HSA contribution limit.

 

As you probably know, the maximum limits in 2022 are:

  • $3,650 - individual with self-coverage
  • $7,300 - individual with family coverage
  • If the HSA owner is 55 or older, then you add $1,000 to these amounts.

 

However, these limits assume that you were in an HSA all year. If you left the HSA during the year or started Medicare or had one of a number of change events, then the limit is reduced.

 

There are several major culprits for excess contributions (other than just actually contributing more than the limit). 

 

First, if you did not complete the HSA interview - that is, go all the way until you are returned to the "Your Tax Breaks" page - the limit still might be set to zero, causes a misleading excess contribution message. 

 

There are questions all the way to the end of the interview that affect the annual contribution limit.

 

Second, it is not unusual for taxpayers to accidentally duplicate their contributions by mistakenly entering what they perceive to be "their" contributions into the second line on the "Let's enter your HSA contributions" screen.

 

Normally, any employee who made contributions to his/her HSA through a payroll deduction plan has the contributions included in the amount with code "W" in box 12 on the W-2. This is on the first line on this screen (above). Don't enter the code W amount anywhere on the return other than on the W-2 page.

 

Third, if you weren't in HDHP coverage all 12 months, then the annual contribution limit is reduced on a per month ratio. NOTE, this means that you have to indicate when and under what type of HDHP plan you were. Be sure to answer the questions on the screen entitled "Was [name] covered by a High Deductible Health Plan in 2022?".

 

Fourth, if you had a carryover of excess contributions from 2021, then this carryover is applied to 2022 as a reduction to the 2022 HSA contribution limit, which could cause an excess condition in 2022 as well. But note: if you had an excess contribution in 2021 but cured it by withdrawing the excess in early 2022, then do NOT report an "overfunding" on your 2022 return.

 

Fifth, the Family limit ($7,300) is for the aggregate of contributions by both taxpayers, even if both taxpayers have their own HSAs. That is, one taxpayer can’t contribute $7,300 to his/her HSA and the other contribute $3,650 to the other HSA – the $7,300  limit applies to the aggregate of all HSA contributions credited to the family (in this case, the excess contributions would be $3,650).

 

 

 

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10 Replies
BillM223
Expert Alumni

How do I dispute an "excess contribution" being taxed to my HSA?

"Excess contributions" for an HSA has nothing to do with how much is in your HSA, but with how much you contributed to your HSA during 2022. Please read the following:

 

How to fix over contributions to your HSA for 2022

 

It is possible to accidentally indicate to TurboTax that you made excess HSA contributions when perhaps you haven't.

 

I understand that the following list is long, but these are all reasons that taxpayers get excess contribution messages.

 

If you find that your situation is not one of these cases, then please make a new post in which you indicate:

  • your HDHP coverage and for which months
  • your spouse's HDHP coverage and for which months
  • your HSA contributions (both through your employer and directly to the HSA)
  • your spouse's HSA contributions (both through your spouse's employer and directly to the HSA)
  • the amount of the excess
  • whether or not either of you went on Medicare and what month
  • whether or not (and the amount) of carryover of excess contributions from 2021 for either of you

***main answer***

 

One of the purposes of the HSA interview is to determine your annual HSA contribution limit.

 

As you probably know, the maximum limits in 2022 are:

  • $3,650 - individual with self-coverage
  • $7,300 - individual with family coverage
  • If the HSA owner is 55 or older, then you add $1,000 to these amounts.

 

However, these limits assume that you were in an HSA all year. If you left the HSA during the year or started Medicare or had one of a number of change events, then the limit is reduced.

 

There are several major culprits for excess contributions (other than just actually contributing more than the limit). 

 

First, if you did not complete the HSA interview - that is, go all the way until you are returned to the "Your Tax Breaks" page - the limit still might be set to zero, causes a misleading excess contribution message. 

 

There are questions all the way to the end of the interview that affect the annual contribution limit.

 

Second, it is not unusual for taxpayers to accidentally duplicate their contributions by mistakenly entering what they perceive to be "their" contributions into the second line on the "Let's enter your HSA contributions" screen.

 

Normally, any employee who made contributions to his/her HSA through a payroll deduction plan has the contributions included in the amount with code "W" in box 12 on the W-2. This is on the first line on this screen (above). Don't enter the code W amount anywhere on the return other than on the W-2 page.

 

Third, if you weren't in HDHP coverage all 12 months, then the annual contribution limit is reduced on a per month ratio. NOTE, this means that you have to indicate when and under what type of HDHP plan you were. Be sure to answer the questions on the screen entitled "Was [name] covered by a High Deductible Health Plan in 2022?".

 

Fourth, if you had a carryover of excess contributions from 2021, then this carryover is applied to 2022 as a reduction to the 2022 HSA contribution limit, which could cause an excess condition in 2022 as well. But note: if you had an excess contribution in 2021 but cured it by withdrawing the excess in early 2022, then do NOT report an "overfunding" on your 2022 return.

 

Fifth, the Family limit ($7,300) is for the aggregate of contributions by both taxpayers, even if both taxpayers have their own HSAs. That is, one taxpayer can’t contribute $7,300 to his/her HSA and the other contribute $3,650 to the other HSA – the $7,300  limit applies to the aggregate of all HSA contributions credited to the family (in this case, the excess contributions would be $3,650).

 

 

 

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How do I dispute an "excess contribution" being taxed to my HSA?

Excess contributions are always subject to regular income tax because they can't be treated as tax-deductible (if you make direct contributions) or tax-free (if they were payroll deductions before tax).  The excess contribution is always taxable income, even if you spent it.

 

Separately, excess contribution that are left in the account are subject to a 6% penalty.  The 6% penalty is based on the excess contribution amount or the account balance, whichever is less at the end of the year.  So if you contributed $3000 excess but there is only $1000 in the account, and you leave the excess in the account, you will pay income tax on $3000 (it will be added back to your taxable income) but the penalty will be 6% of $1000, or $60. 

How do I dispute an "excess contribution" being taxed to my HSA?

This makes so much sense - thank you!

How do I dispute an "excess contribution" being taxed to my HSA?

I accidentally duplicated my contributions by mistakenly entering an additional personal contribution to my HSA in my 2022 tax year return.  I am just noticing now while completing my 2024 tax return and therefore have paid taxes on the overage for 2022, 2023 and potentially upcoming 2024 tax year.  How can I best fix this?

 

If I choose to amend my 2022 return, can I amend my 2022 return and 2023 return at the same time? Or do I have to wait for the IRS approval of the 2022 amendment before doing the 2023 amendment? Based on the estimate of 16 weeks for an amendment approval, even with an extension of the 2024 tax return, these two previous tax year amendments might not be complete by Oct 2025.  Trying to identify the easiest resolution. Thank you.

How do I dispute an "excess contribution" being taxed to my HSA?


@AF0011 wrote:

I accidentally duplicated my contributions by mistakenly entering an additional personal contribution to my HSA in my 2022 tax year return.  I am just noticing now while completing my 2024 tax return and therefore have paid taxes on the overage for 2022, 2023 and potentially upcoming 2024 tax year.  How can I best fix this?

 

If I choose to amend my 2022 return, can I amend my 2022 return and 2023 return at the same time? Or do I have to wait for the IRS approval of the 2022 amendment before doing the 2023 amendment? Based on the estimate of 16 weeks for an amendment approval, even with an extension of the 2024 tax return, these two previous tax year amendments might not be complete by Oct 2025.  Trying to identify the easiest resolution. Thank you.


I want to make sure what you actually did.

 

In 2022, you had workplace contributions, which are detected automatically on your W-2.  You also told Turbotax you made a personal contribution, but you did not actually make extra contributions?

 

In that case, there is nothing wrong with your HSA account, but you claimed a double deduction in 2022 that you were not entitled to.  You need to amend your 2022 return to remove the extra deduction and pay the proper income tax, but you don't have anything to amend for 2023 or 2024 unless you actually over-contributed to the HSA.

 

If I misunderstood, please clarify. 

How do I dispute an "excess contribution" being taxed to my HSA?

Thank you for the swift reply.

 

You are understanding the situation correctly. I did not make excess contributions and mistakenly told turbotax I made a person contribution (in addition to the workplace contribution).  However, with the 2022 return mistake, when completing my 2023 return turbotax it asked for "excess contributions from line 48 of your 2022 form 5329".  This 5329 form was generated as part of my 2022 return with the mistaken 2022 contribution and therefore I was taxed for this overage again in 2023; generating a 5329 form for 2023 as well.  If you can follow this you now understand the perpetuation where I am in the same position as I currently fill out my 2024 return.  

 

So if I am understanding correctly, I must amend my 2022 and 2023 returns, but amending my 2023 seems to rely on a successfully amendment of 2022.  If this is the case, do they need to be submitted in sequence? or simultaneously? and presumably these both need to be complete to submit my 2024 return?

 

Thanks!

How do I dispute an "excess contribution" being taxed to my HSA?

@AF0011 

You mistakenly listed an excess, and paid a penalty rather than removing it, and carried that forward.  

 

Yes, you need to first amend your 2022 return, remove the second contribution.  That may or may not change your income tax (depending on the amount you reported as excess), but will remove the 6% penalty.

 

You will need the figures from the amended 2022 return in order to prepare the amended 2023 return.  You don't need to file the 2022 amendment first, but you do need to prepare it, so you can work from its figures.  You can only file amended returns by mail, you should mail them in separate envelopes and use a mail service with tracking and proof of delivery.

 

You will need the amended 2023 return in order to prepare a correct 2024 return. However, you don't need to wait for the amended 2022 and 2023 returns to be processed before filing the 2024 return.  You just need to prepare them first. 

How do I dispute an "excess contribution" being taxed to my HSA?

This is very helpful!

 

With your advice, I have gone through the 1040 form amendment process on turbotax.  You specifically commented that amendments need to submitted by mail, but turbotax seems to provide a clear e-file method for amendments. Can you confirm that turbotax e-file is an adequate method for filing tax return amendments?

 

Thank you for your time!

DawnC
Employee Tax Expert

How do I dispute an "excess contribution" being taxed to my HSA?

Yes.  @AF0011  The IRS allows you to e-file amended returns for the current tax year and the two prior tax years if your original return was also e-filed. For older tax years, you'll need to file by mail.   If for whatever reason you are unable to e-file the amendment using TurboTax, you would need to file those by mail.   TurboTax has recently add the function to e-file amended returns.  

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How do I dispute an "excess contribution" being taxed to my HSA?


@AF0011 wrote:

This is very helpful!

 

 Can you confirm that turbotax e-file is an adequate method for filing tax return amendments?

 

Thank you for your time!


Yes, if it works.  In the past, turbotax has not allowed e-filing of amended returns, or it only allows e-filing of amended returns for the present year (2024) but not prior years.  Go ahead and try it.  It may give you an error even though it claims it can.  If it doesn't give you an error, and it goes through, then you want to make sure you get an e-mailed confirmation that it was accepted by the IRS -- this can take up to 48 hours. 

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