IRS rejected my 2022 1040X correcting HSA contribs. b/c no blank 5329. How do I refile showing correct contribs? Do I use previous 1040 with blank 5329?

[fulton610]

I filed my 2022 return and didn't realize I reported contributions of $7,300 from W-2 and also on a separate form I put in $7,300 as well so my total contribution was mistakenly shown as $14,600.  I was taxed ~6% or $429.  I filed amended return and only included contributions from W2 at total of $7,300 and IRS sat on it for months and rejected it without telling me. I called them and they told me I need to resubmit with blank 5329.  Do I file another 1040X with a 5329 showing blank on 47, 48 and 49?  Or just file the Form 5329 by itself?  The IRS agent that helped me did not know what the proper way is to handle.  Thanks.

[dmertz · Accepted solution]

If they said "resubmit," I would resend the entire amendment plus the missing Form 5329.

Note that when preparing an amendment with TurboTax, if you remove something that caused Form 5329 to be included with your originally filed tax return, TurboTax simply removes the Form 5329 from your tax return instead of including the Form 5329 showing the change to that form.  A proper amendment includes all changed forms and schedules (except Form 1040) as is being required by the IRS in this case.

When you prepare the needed Form 5329 manually for mailing with your resubmitted amendment, explicitly indicate the change by replacing the original dollar amounts with zeros.  Don't just leave those dollar amounts blank.

[Critter-3]

Going forward read the interview screens carefully...if you entered the W-2 box 12 code W correctly when you got to the HSA entry screen it tells you to not enter that amount again.