Removal of HSA Excess Contributions

[AS3]

Yes, some of the amount in the box with W was in excess, but my point was that if I am already paying taxes on it, why shouldn't I just withdraw it vs carry it over into the new tax year?

I am in the same boat this year too and debating if I should carry over my excess HSA to the new tax year 2021 or just withdraw and pocket it. Either way it seems like I am being taxed on it (just no penalty it seems?)

[KathrynG3]

Yes, there is tax on it, but there is also a penalty. The excess contribution should not remain in the account. Form 5329 will report the 6% excise tax and be reported on Schedule 2. The excess will also be taxed as income from Schedule 1.

For more information, see: 

• Why am I showing an excess HSA contribution?
• 2020 Publication 969: Health Savings Accounts and Other Tax-Favored Health Plans, page 8.
• 2020 Instructions for Form 5329 Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-F...

[Rocket927]

Did anyone reply to @Robert87  about reducing contributions for the current year to remove excess contributions from previous years that we are already paying 6% tax on (Robert87 #3 question)?  This sounds like a preferable strategy rather than removing and paying 20% tax.

[BillM223]

If you have an excess HSA contribution that you did not withdraw by the due date of the return, then, yes, there are two ways to deal with the excess.

One is to carry over the excess to the next year, pay a 6% penalty on the carryover, and then reduce your next year's HSA contributions so that you can fit the carryover and your regular contributions together in under the annual HSA contribution limit for that year. 

Yes, this is a relatively painless way to deal with an excess that you did not withdraw in time.

The other way is, as you know, to take a distribution equal to the excess from your HSA and not use it for medical expenses. This amount is added to Other Income and additionally penalized 20%. But at least it's done. There are situations where this may be preferable, but if you are participation in the HDHP year in and year out, and can use up the excess/carryover in the next year, for most taxpayers, the first option is preferable.

Rocket, does that cover it for you?

@Rocket927