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February 18, 2023
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Excess HSA contributions tax treatment

  • February 18, 2023
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I switched jobs in 2022 and I was on a HDHP in both old and new jobs. covering only myself. My wife also has a HDHP, covering her and our kids. I misunderstood how the HSA contribution limit works and ended up contributing too much to my HSA in 2022. 

 

Excess contribution amount is $3000. According to my 2022 W2s, $500 of that was from my old job and $2500 from my new job.  I have spent the old HSA to zero on medical expenses. As of today my new HSA has a balance of $2800 and I have not used it for anything in 2023. 

 

Because all my contributions are payroll deductions, I would have to ask for an amended W2 from my current employer when I withdraw excess contributions, so that the $2500 figure on line 12 of the W2 can be updated. My wife, who contributes the max to her HSA, says that for 2023, she can adjust her contributions to avoid excess contributions. Here's my questions:

 

1. Does it make sense to withdraw more than $2500 to reduce my 2022 tax burden, since that is what shows on the W2? I can't imagine the amended W2 showing a negative number. 

 

2. I'll be getting a 2023 1099-SA stating that I made such a withdrawal. But does the $2500 get added back to my 2022 taxable income?

 

3. Along those lines, can I even withdraw more than $2500? And if so, what would happen to my 2022 taxes?

 

Thank you very much for the kind assistance!

Best answer by BillM223

I assume that you (i.e., the two of you) contributed up to the Family limit ($7,300) to your spouse's HSA and up to the Self-only limit ($3,650) to your HSA (although it does not matter if you put all the money into the same HSA). Since the two of you would share the Family limit, it often happens that taxpayers in this situation would overcontribute by about $3,000.

 

It does not matter from which W-2 these contributions come from. It does not matter who made the excess contributions - you get to chose who (you should have seen the question near the end of the HSA interview asking you who made the excess contribution, but this really means: who is going to have the excess withdrawn?

 

Generally, you want to withdraw as much of the excess by the due date of the return as possible. As noted above, it does not matter from whose HSA it comes (or if it comes from more than one).

 

The amount that you cannot withdraw (usually because there is no money left in the HSA(s)) is carried over to next year. Yes, this is penalized at 6%. However, it is very easy for people still under HDHP coverage to discharge the carryover. In the next year, the HSA contribution limit is reduced by the amount of the carryover. This means that the taxpayer needs to reduce the amount of contributions to the HSA in the next year that he/she would have otherwise contributed. With a little discipline and understanding of the system, this will permanently eliminate the carryover with a minimum of expense.

 

When TurboTax determines that you have excess HSA contributions derived from employer contributions, the excess is added back to Other Income. This is because employer contributions are removed from Wages in boxes 1, 3, and 5 before your W-2 is printed. Since you can't benefit from excess HSA contributions, the excess contributions have to be added back to income. 

 

Therefore, the amount (the excess contribution) that the HSA custodian sends to you is not an income item. You won't be taxed on it again.

 

Make sense?

 

2 replies

February 18, 2023

You never get a corrected w-2 for withdrawing excess contributions. you contact the trustee to withdraw the excess + earnings thereon. as you go through the interview steps there will be a question about withdrawing the excess by 4/18/2023. you answer that question by indicating the amount removed. you're done. if you remove the excess by 4/18/2023 there is no penalty.

 

 

your w-2 wages were reduced by your contributions to the HSA as such more than the allowable amount was deducted. so the excess will get added back to your income regardless of whether you withdraw the excess or not. if you don't withdraw the excess the penalty is 6% of the lower of the excess contribution or the Fair Market value of the HSA on 12/31/2022

 

don't withdraw more than required that is a nonqualifying distribution subject to a 20% penalty

 

 

 

buggfixerAuthor
February 21, 2023

I appreciate your feedback. As I figure out how best to correct the situation, I start to realize how deep of a rabbit hole this can be. After talking to the HSA admin and the benefits people at my employer's, I now have a better idea of what will happen, which leads me to ask:

 

1. I can withdraw $2500 from my current HSA and leave $500 (the value of my old HSA, which has been spent on medical expenses) behind, which I'll pay the 6%. From what I can gather, I'll keep paying the 6% forever unless I withdraw it. Given that the $500 is a 2022 contribution to a HSA that is linked to a job that I am no longer at, what are my options to resolve it permanently?

 

2. The full $3000 has been added to my 2022 income and I'll be paying ordinary income tax rates on it. When I withdraw $2500 from my current HSA, do I get tax on the $2500 in 2023, even though I have already been taxed on it in 2022 and the distribution was made to correct a mistake?


Thanks very much!

BillM223Answer
February 22, 2023

I assume that you (i.e., the two of you) contributed up to the Family limit ($7,300) to your spouse's HSA and up to the Self-only limit ($3,650) to your HSA (although it does not matter if you put all the money into the same HSA). Since the two of you would share the Family limit, it often happens that taxpayers in this situation would overcontribute by about $3,000.

 

It does not matter from which W-2 these contributions come from. It does not matter who made the excess contributions - you get to chose who (you should have seen the question near the end of the HSA interview asking you who made the excess contribution, but this really means: who is going to have the excess withdrawn?

 

Generally, you want to withdraw as much of the excess by the due date of the return as possible. As noted above, it does not matter from whose HSA it comes (or if it comes from more than one).

 

The amount that you cannot withdraw (usually because there is no money left in the HSA(s)) is carried over to next year. Yes, this is penalized at 6%. However, it is very easy for people still under HDHP coverage to discharge the carryover. In the next year, the HSA contribution limit is reduced by the amount of the carryover. This means that the taxpayer needs to reduce the amount of contributions to the HSA in the next year that he/she would have otherwise contributed. With a little discipline and understanding of the system, this will permanently eliminate the carryover with a minimum of expense.

 

When TurboTax determines that you have excess HSA contributions derived from employer contributions, the excess is added back to Other Income. This is because employer contributions are removed from Wages in boxes 1, 3, and 5 before your W-2 is printed. Since you can't benefit from excess HSA contributions, the excess contributions have to be added back to income. 

 

Therefore, the amount (the excess contribution) that the HSA custodian sends to you is not an income item. You won't be taxed on it again.

 

Make sense?

 

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buggfixerAuthor
February 23, 2023

@BillM223 ,

 

Thanks very much for this informative, clear answer. It addresses my queries and tells me what I need to do. I would like to ask: while there is no doubt that I need to pay tax on the $3000 excessive contribution, is there a way to defer that amount (or even the $2500) to tax year 2023, now that I know there is no double taxation?