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I went through this exact situation last year and here's what worked for me: First, document everything - save all your emails to the advocate with timestamps. Then call the TAS national line at 877-777-4778 and specifically ask to speak with your advocate's supervisor or the local TAS office manager. When I did this, I explained that I had a financial hardship deadline (similar to your tuition payment) and hadn't heard from my advocate in weeks. They immediately escalated my case and assigned a new advocate who called me within 2 business days. Don't try to go around the system by calling the IRS directly - it can actually hurt your case as others mentioned. The key is being persistent with TAS management and emphasizing your May 1st deadline. They take hardship cases seriously when you escalate properly through their chain of command.
This is really helpful advice! I'm curious - when you called the TAS national line, did you have to provide specific case numbers or documentation to prove your advocate wasn't responding? Also, how did you frame the financial hardship aspect? I'm dealing with something similar and want to make sure I present my situation in the most effective way possible to get the escalation moving quickly.
I experienced a similar situation where my advocate went silent for over a month. Here's what I learned from my ordeal: The TAS system has built-in safeguards that many people don't know about. When you call 877-777-4778, ask specifically for a "case status review due to advocate non-responsiveness." This triggers a formal review process that typically results in either immediate advocate contact or case reassignment within 3-5 business days. For your May 1st deadline, emphasize this as an "economic hardship" when you call - the IRS has specific protocols for cases with approaching financial deadlines. Make sure to mention: - Your refund acceptance date (January 29th) - The advocate assignment date (March 15th) - Last contact date (March 18th) - Your documented attempts to reach the advocate (April 1st and 8th emails) - The specific hardship (tuition deadline) I also recommend checking your tax transcript before calling so you can reference any processing codes if asked. This shows you're informed about your case status and aren't just calling blindly. The key is being persistent but professional - frame it as needing help navigating the system rather than complaining about poor service. In my experience, TAS management takes these escalations seriously when presented properly.
Quick tip from someone who handles HSA compliance professionally - the "reasonableness" standard for excess contribution calculations means you won't get in trouble for small discrepancies. The IRS cares much more that you: 1) Remove the excess contribution before the deadline 2) Make a good faith effort to calculate earnings 3) Report the distribution correctly on your taxes Your method is certainly reasonable. I typically recommend simply using the overall account rate of return (total gains/losses divided by average balance) applied to the excess contribution amount.
Thanks so much for this professional perspective. So for my situation, would it be better to take the total account growth percentage (including both cash and investments) and apply that to my excess contribution amount? That seems simpler than what I was trying to do.
Yes, that total account growth percentage method is actually preferable because it's simpler and still meets the "reasonable method" requirement. Just take the total account growth (or loss) for the year as a percentage, then multiply your excess contribution amount by that percentage. This approach is easy to explain if questioned and is commonly accepted by the IRS. The key timing factor is making sure you complete the distribution of both the excess amount and earnings before the tax filing deadline (including extensions) to avoid the 6% excise tax on excess contributions.
Don't forget that when you withdraw excess HSA contributions, the earnings portion is taxable as "other income" in the year you make the withdrawal! I learned this the hard way. The excess contribution itself isn't taxed again if you already included it in income (which you would have if it was through your employer's payroll), but the earnings definitely are taxable.
Is there also a penalty on the earnings portion? I thought I read somewhere that earnings are subject to an additional 10% tax if you're under 65.
Yes, you're absolutely right! The earnings portion on excess HSA contributions is subject to both regular income tax AND the 10% early withdrawal penalty if you're under 65. This is different from normal HSA withdrawals for qualified medical expenses, which are both tax-free and penalty-free. So when you withdraw the excess contribution earnings, you'll pay your marginal tax rate plus an additional 10% penalty on just the earnings portion (not the original excess contribution amount).
Your employer is probably using the "aggregate method" for supplemental wages. There are two ways employers can calculate withholding on overtime/bonuses: 1. Flat rate method: A simple 22% flat withholding on supplemental wages 2. Aggregate method: They add the supplemental wages to your regular wages and calculate withholding as if the total was your regular paycheck, then subtract what was already withheld from your regular check The aggregate method almost always results in higher withholding because it makes the system think you're in a higher tax bracket. It's perfectly legal but super annoying. You'll get the extra money back when you file your taxes, but in the meantime, your employer is basically giving the government an interest-free loan with YOUR money. I'd talk to your payroll department and ask if they can use the flat rate method instead!
Thanks for explaining this! I'm definitely going to talk to our payroll department. Do you know if there's any documentation I can bring with me to show them the two different methods? I want to sound like I know what I'm talking about.
Check out IRS Publication 15 (Circular E), Employer's Tax Guide. Section 7 covers supplemental wages in detail and explains both methods. You can download it from irs.gov or just Google "IRS Publication 15 supplemental wages" and you'll find it. The flat rate method is simpler for payroll to implement, so they might be willing to switch if you point out it's perfectly compliant with tax regulations. Some companies don't realize they have options for handling supplemental wages.
Isnt this a tax bracket thing? When u earn more in a pay period it gets taxed higher? My boss always said "don't work overtime cuz they take it all in taxes anyway" lol
Your boss is perpetuating one of the biggest tax myths out there! Moving into a higher tax bracket only affects the dollars earned ABOVE that threshold, not all of your income. So working overtime will always put more money in your pocket, even after taxes. What's happening with OP's situation is about withholding (the estimate of taxes your employer takes out), not the actual tax rate. The withholding system isn't perfect at estimating, especially with irregular paychecks like overtime.
Oh wow i never knew that! I've literally been turning down overtime for years thinking it wasn't worth it. So ur saying I should take all the overtime I can get? Even if it pushes me into next tax bracket?
Just wanted to point out - technically you can file your taxes without a corrected W-2. Use Form 8889 for your HSA and report the correct contribution amounts there. When e-filing, enter the W-2 exactly as received, then make the adjustments on Form 8889. Include an explanation statement explaining the discrepancy.
I'm dealing with a very similar HSA mess right now! My former employer is also dragging their feet on issuing a corrected W-2 after I had to remove excess contributions. One thing that helped me was getting everything in writing. When you call CompanyFirst, ask them to email you their response about why they won't issue a W-2c. Often when companies have to put their reasoning in writing, they realize they don't actually have a good reason to refuse. Also, make sure you have the distribution statement from HealthSavings that shows the excess contribution removal - this document should clearly state that it's for tax year 2025 contributions, not 2026. If HealthSavings is saying they sent CompanyFirst notification about the removal, ask them to provide you with a copy of that communication. If all else fails, you can absolutely file using Form 8889 with the correct amounts and attach an explanation. The IRS deals with W-2/HSA discrepancies all the time. Just keep detailed records of all your attempts to get the W-2 corrected in case you need them later.
This is really helpful advice! I hadn't thought about getting their refusal in writing - that's a smart strategy. You're absolutely right that companies often change their tune when they have to document why they won't do something that seems reasonable. I do have the distribution statement from HealthSavings, and it clearly shows it's for 2025 tax year excess contributions. The frustrating part is that CompanyFirst keeps saying HealthSavings told them "nothing needs to be done" but they won't provide me with any documentation of this supposed communication. I think I'm going to try the written request approach first, and if that doesn't work, I'll just file with Form 8889 showing the correct amounts. It sounds like the IRS is used to handling these discrepancies as long as you have proper documentation. Thanks for sharing your experience!
Zara Ahmed
This question comes up a lot! I recommend using the IRS Interactive Tax Assistant tool. Just google "IRS filing status tool" and it walks you through a series of questions to determine if you qualify for HOH. Much better than guessing or getting random advice online.
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Luca Esposito
ā¢I tried that tool but it didn't really help with my complicated situation. It just kept asking if I paid more than half the household expenses but didn't explain how to calculate that when multiple adults share a home but have separate children.
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Ava Rodriguez
I work as a tax preparer and see this situation frequently. Yes, multiple people in the same physical address can absolutely claim Head of Household status as long as they each meet the requirements independently. The key is understanding that "household" for tax purposes doesn't mean the physical building - it refers to your financial responsibility for maintaining a home where you and your qualifying person live. Each parent supporting their own children can constitute a separate "household" even under one roof. For your cousin's situation, they should both be able to claim HOH if they each: - Are unmarried at year-end - Have qualifying children living with them more than half the year - Pay more than half the cost of keeping up their respective households The 50/50 split of shared expenses (utilities, rent/mortgage) is fine. They just need to track that each person's total contribution (their share of common expenses PLUS their children's individual expenses) exceeds half of what it costs to maintain their living situation. Keep good records and consider consulting a tax professional if the numbers are close, but this is definitely allowed by the IRS.
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DeShawn Washington
ā¢Thank you for this professional perspective! This is really helpful to understand. I have a follow-up question - when you say "pay more than half the cost of keeping up their respective households," how do you typically advise clients to calculate this when there are shared expenses? For example, if the total household expenses are $3,000/month and two adults split the common costs 50/50 ($1,500 each), but then each person also has individual child-related expenses (daycare, clothes, food, etc.), do those individual expenses count toward their "household maintenance" calculation? I want to make sure my cousin and her brother are calculating this correctly.
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