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Level 2
February 7, 2023
Solved

HSA excess contribution

  • February 7, 2023
  • 2 replies
  • 8 views

My daughter had an HSA beginning December 2021 when her employer's health plan changed to an HDHP.

She funded her HSA in the first few months of 2022 in the amount of $3540, which is less than the full year limit.

However, she left this employer in April 2022 and began working for a different employer that did not have an HDHP, so the HSA contribution limit is prorated to only 4 of 12 months.

During her time with the employer with the HDHP, she used all the funds in her HSA including some contributed in 2021. So, by the time she left the employer, her HSA balance was zero.

Now, her balance is zero but the HSA had been over-funded compared to the prorated limit.

As such, TT is calculating a penalty (which appears to be 20% or more of the overfunded amount) and advising that she withdraw the excess funds before April 18th (to avoid an additional 6% penalty). Well, those funds were already used and the balance is zero (and was before the end of tax year 2022).

 

So, my question, should she select the option in TT that says she will withdraw the full excess balance by April 18th (because it was actually already fully distributed in 2022)? If so, what amount is taxed and what penalty is applied?
Specifically, the excess contribution in 2022 was $2323. Also, apparently an additional $200 (of $500 contributed in Dec 2021) is treated as income from 2021 due to the 'last month rule' since her HSA that began in December 2021 didn't exist through all of 2022.

 

Thank you.

 

    Best answer by BillM223

    Let me try to provide better responses to your questions and/or clarify what I meant.

     

    1 - The $500 was a benefit from the employer and was the only HSA contribution they were going to make during the year of coverage under the new HDHP plan. Any other HSA contributions by payroll deduction were by employee choice. So, what I meant below was this this was their contribution to the HSA for the year of HDHP coverage.

     

    2 - She believes coverage under the HDHP plan began Dec 1st 2021 and I agree with your assumption that the employer contributed to the HSA in December based on this start date, as well.

     

    By "cost" in reference to December 2021 per the last-month rule, I meant the additional tax and/or penalty that TT is calculating for an excess contribution in December 2021 for one month HDHP coverage in 2021. Also, I meant that the $500 from the employer was the HSA contribution / benefit for the entire upcoming coverage year under the HDHP which extended into 2022 (not just Dec 2021)

     

    I'm a little confused now on what I should choose to enter in TT for 2022 and what the resulting taxes/penalties will be both for 2022 and 2021 (Dec). 
    If I select "NO" as you've indicated regarding withdrawing excess contributions, won't this result in the 6% penalty?

    For 2021, TT is saying $200 of the $500 is considered "income" for the last-month rule. I assume this is because the entire contribution was made by the employer in December even though HDHP didn't begin until December and then because her coverage under an HDHP ended in April when she switched employers (so she wasn't under an HDHP for all of 2022). Is it correct that she is being 'penalized' in this way because of the timing of the contribution and I should just leave all inputs in TT as they are?

     

    Thank you!


    "If I select "NO" as you've indicated regarding withdrawing excess contributions, won't this result in the 6% penalty?"

     

    Yes, but as I pointed out above, the carryover penalty is 6% of the SMALLER of the carryover or the amount in the HSA at the end of the year, Since the amount in her HSA at the end of the year (I assume) was zero, 6% of zero is zero...so no penalty.

     

    "Is it correct that she is being 'penalized' in this way because of the timing of the contribution and I should just leave all inputs in TT as they are?"

     

    The effect of the last-month rule is to allow you the full annual HSA contribution limit, no matter how few months you had the HDHP insurance. So her employer could have contributed $500 (as it did) or $1,000 or the maximum of $3,600, all in December.

     

    The "only" problem with the last-month rule is that you (well, your daughter) has to stay under HDHP coverage for the next year. If she does not (as she did not), then TurboTax has to ask you a lot of questions (which I guess you have seen) to recalculate what the annual HSA limit would have been if there were no last-month rule, and then use that to figure the amount of the excess HSA contribution.

     

    In this case, she would have been allowed for one month an annual HSA contribution of $300 (1/12 times $3,600), so the $500 contribution would have been a $300 HSA contribution and a $200 excess contribution (which, yes, you add to income and pay tax on).

     

    So, because I am not sure what you have entered, I would say, leave everything as it is but make sure that you don't tell TurboTax that you will withdraw the excess contribution for 2022 by April 18th, because you can't withdraw money that isn't there.

     

    So, yes, she will pay tax for "failure to maintain HDHP coverage" - see line 18 on form 8889, but she should not pay a penalty for the carryover of the excess to 2023 - see line 49 on form 5329.

    2 replies

    Level 15
    February 7, 2023

    The good news is that we can get rid of the 6% penalty, but we need to fill our form 8889 correctly. We need to ask some questions first:

     

    1. How much did she contribute to her her HSA for 2021? And for 2022? Did she contribute anything in 2022 for 2021?

    2. Did she have Self-only HDHP coverage in Jan 2022? How about in 2021?

    3. When did she stop the HDHP coverage in April 2022? Was it after April 1st? (It makes a big difference).

    4. On her 2021 return, did TurboTax tell her that she had excess contributions? If so, were they withdrawn by April 15, 2022?

     

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    Level 2
    February 7, 2023

    Thank you for the reply.

     

    1. How much did she contribute to her her HSA for 2021? And for 2022? Did she contribute anything in 2022 for 2021?
    $500

    2. Did she have Self-only HDHP coverage in Jan 2022? How about in 2021?
    Yes to both (only Dec 2021 and then Jan - Apr 2022).

    3. When did she stop the HDHP coverage in April 2022? Was it after April 1st? (It makes a big difference).
    Late in April (3rd week or so)

    4. On her 2021 return, did TurboTax tell her that she had excess contributions? If so, were they withdrawn by April 15, 2022?
    I don't believe there was any indication of excess contributions in 2021 in TT.  Yes, all HSA funds (from 2021 / 2022) were withdrawn by 4/15/22.

     

    Level 15
    February 7, 2023

    1. How much did she contribute to her her HSA for 2021? And for 2022? Did she contribute anything in 2022 for 2021?
    $500 - In which year and for which year?

     

    2. Did she have Self-only HDHP coverage in Jan 2022? How about in 2021?
    Yes to both (only Dec 2021 and then Jan - Apr 2022).

    On what date in December did her HDHP coverage begin (it makes a big difference, again)?

     

    Yes, all HSA funds (from 2021 / 2022) were withdrawn by 4/15/22.

    By, "withdrawn", you mean "distributed" or "spent", right? "Withdrawn" refers to dollars that were taken out because they should not have been there in the first place (not your situation). Sorry, it's taxspeak.

     

    The good news is that you will not owe any penalty for the excess HSA contributions in 2022, because the penalty is 6% of the SMALLER of the amount to carryover to 2023 or the amount in your HSA on December 31, 2022 (which, in your case, is zero). So, 6% of zero is zero.

     

    But do answer the  questions about so we can wrap this up.

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    Mike9241
    Level 15
    Level 15
    February 8, 2023

    she was only eligible for 1 month of coverage in 2021 or $300 because she did not remain covered by a HDHP through 12/31/2022. That's $200 of income + a 10% penalty

     

     

     

    did you enter the 1099-SA? the taxable earnings are in box 2?

     

    the $2323 excess contribution is income for 2022

    the earnings on the excess contribution is income for 2022

    there is also a 20% penalty on the income related to the excess contribution

     

    so income for 2022 $200 excess for 2021 + $2323 excess for 2022 + earnings on excess contributions from box 2 of 1099-SA (schedule 1 line 8f)

    penalties 10% on $200 overcontribution for 2021 + 20% on earnings on excess contribution. these are flat rate penalties not based on the value of the account

     

     

    the 5329 should show $0 penalties because the value of the a/c was zero on 12/31/2022

     

     

    Mike9241