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I'm dealing with almost the exact same situation! Got married in August and joined my husband's family HDHP in September after having a general-purpose FSA through my old employer for the first 8 months of the year. Reading through all these responses has been super enlightening - I had no idea about the FSA creating HSA ineligibility for the entire tax year even without overlap. My benefits administrator told me I could use the last month rule for the full family amount, but it sounds like that's incorrect based on what everyone is saying here. So for my situation, would it be: Individual limit for my husband (Jan-Aug) + Family limit for both of us (Sep-Dec)? That would be roughly ($4,150 รท 12 ร 8) + ($8,300 รท 12 ร 4) = $2,767 + $2,767 = $5,534 total? This is such a frustrating rule, but I definitely don't want to deal with penalties and audits. Thanks to everyone for sharing their experiences - it's really helpful to see how others navigated this!
Yes, your calculation looks correct! You've got the right approach - individual coverage for your husband from January through August, then family coverage for both of you from September through December. Your math checks out at $5,534 total maximum contribution. It's really unfortunate that so many benefits administrators don't understand these FSA/HSA interaction rules. You're definitely not the first person to get incorrect advice about being able to use the full last month rule despite FSA participation earlier in the year. One thing to double-check: make sure your husband wasn't contributing to any FSA through his employer during those first 8 months while you had yours. If he was, that would further complicate the calculation. But assuming he was HSA-eligible the whole time, your calculation should be spot on. Keep all your documentation about when your FSA ended and when you joined his HDHP - it'll make Form 8889 much easier to fill out come tax time!
Just wanted to add my experience as another data point - I had a similar FSA-to-HSA transition situation three years ago and initially made the mistake of contributing the full family amount thinking the last month rule would cover me. The IRS actually caught this during a routine correspondence audit about 18 months later. They sent a letter asking for documentation about my HSA eligibility throughout the tax year. When I provided my FSA and insurance records, they determined I had overcontributed by about $2,400. I had to pay income tax on the excess contribution plus a 6% excise tax for each year it remained in the account. The process was a hassle but not the end of the world - I was able to remove the excess contribution and avoid ongoing penalties. The lesson I learned: always err on the side of caution with HSA contributions, especially in transition years. The prorated calculation everyone's discussing here is definitely the safe approach. Better to contribute less and avoid penalties than to risk an audit and the associated headaches. If you're unsure about your calculation, consider consulting a tax professional who specializes in HSAs. The few hundred dollars in consultation fees can save you thousands in penalties and interest down the road.
Thank you for sharing your audit experience - this is exactly the kind of real-world consequence that makes me want to be extra careful with my HSA contributions! It's scary to think the IRS can come back 18 months later, but at least it sounds like the process was manageable even though it was a hassle. Your point about consulting a tax professional is really valuable. I've been going back and forth on whether the cost is worth it, but when you put it in perspective of potentially saving thousands in penalties, it seems like a no-brainer. Do you have any recommendations for finding someone who specifically knows HSA rules well? I've called a few local CPAs and many of them seem just as confused about the FSA/HSA interaction rules as I was! Also, just curious - did the 6% excise tax apply to the full excess amount each year, or was it prorated based on how long the excess stayed in the account?
Pro tip: Sign up for text alerts with SBTPG. At least youll know the second they get it
Just wanted to add that you can also check your IRS transcript on the IRS website to see exactly when your refund gets processed and released. It'll show a 846 code when the money actually gets sent out to SBTPG. Usually takes them 1-2 business days after that to deposit it in your account. The transcript is free and way more detailed than WMR!
Dumb question maybe, but why are you setting up an S-corp if you're just a single-member LLC? I've heard the tax savings aren't worth the headache until you're making well over $100k profit. Now you've got this whole retirement plan complication too.
Not a dumb question at all. S-corps can save you a ton on self-employment taxes once you're making decent money. With OP's income ($242,500 net), the savings on Medicare and Social Security taxes alone are significant. If they were a straight LLC/sole prop, they'd pay 15.3% SE tax on almost everything. As an S-corp, they only pay FICA taxes on their "reasonable salary" ($95,000) and the rest ($147,500) is only subject to income tax, not SE tax. That's a savings of about $22,500 in SE taxes! The headaches are worth it at that income level.
Your analysis looks spot-on! You're absolutely correct about the SEP-IRA being your best option for 2023. Just to reinforce what others have said - with your $95,000 W-2 wages from the S-corp, you can contribute exactly $23,750 to a SEP-IRA (25% of compensation), and you have until March 15th to both establish and fund it. One thing I'd add: make sure you're documenting your "reasonable salary" justification well. The IRS scrutinizes S-corp salaries, especially when the salary seems low relative to distributions. Your $95k salary on $405k in sales might raise eyebrows, so having solid documentation about industry standards for engineering consultants will be important. For 2024, definitely go with the solo 401k - the flexibility is unmatched. You'll be able to contribute up to $69,000 total ($23,000 employee + up to $46,000 employer contribution based on your salary). Just remember to establish it by December 31, 2024, though you have until the tax deadline to actually fund it. Also worth noting: if your income continues to grow, consider bumping your salary a bit in 2024. Higher salary = higher retirement contribution limits, and it might help with IRS reasonableness tests.
This is really helpful advice! I'm curious about the "reasonable salary" documentation you mentioned. What kind of industry standards documentation would be most convincing to the IRS? Are there specific resources or databases that are considered authoritative for engineering consultant salaries? I want to make sure I'm bulletproof on this since it seems like such a common audit trigger for S-corps.
Just wanted to add that if you're filing fewer than 10 1099-NECs, the IRS actually has a free online filing system called the FIRE system (Filing Information Returns Electronically). There's a bit of a learning curve, but once you're set up, it's pretty straightforward.
Just to clarify something important that might help others - you absolutely cannot use 2022 forms for 2023 tax year filing. The IRS requires current year forms for all information returns like 1099-NEC and 1096. However, there's good news! You don't need to buy expensive "official" forms anymore. You can download the current 2023 forms directly from the IRS website (irs.gov) and print them on regular white paper as long as they're printed at exactly 100% scale with no adjustments. The IRS scanners can read these just fine. For the 1099-NEC, make sure you're downloading the "Copy A" version for filing with the IRS. The forms are available as fillable PDFs, so you can type directly into them before printing, which makes everything much cleaner and easier to read. This way you can use up those leftover forms for scratch paper and get compliant 2023 forms without spending extra money!
This is exactly the answer I was looking for! Thank you so much for the clear explanation. I had no idea I could just print the official forms from the IRS website on regular paper. That saves me from having to order new forms and I can finally put those 2022 forms to good use as scratch paper like you suggested. Just to double-check - when you say "Copy A" for the IRS filing, that's different from the copies I send to my contractors, right? I want to make sure I'm downloading the right versions for each purpose.
Nia Thompson
I went through this exact same thing last month! What finally worked for me was temporarily unfreezing all three credit bureaus (Experian, Equifax, TransUnion) for 24 hours, then trying the Credit Karma account creation again. The verification process needs to ping all of them and if even one is frozen it'll fail. Also double-check that your SSN, DOB, and address in TurboTax match exactly what's on your credit reports - no abbreviations or nicknames. Good luck!
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Rita Jacobs
โขThis is super helpful! I'm dealing with the same issue right now and didn't realize all three bureaus needed to be unfrozen. Question - do you remember how long it took for the unfreeze to actually go into effect? Some sites say it's instant but others say up to an hour. Don't want to keep trying if I need to wait longer! @Nia Thompson
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Natalie Chen
โข@Rita Jacobs In my experience it was pretty much instant with Experian and Equifax, but TransUnion took about 30-45 minutes to actually take effect. I d'wait at least an hour after unfreezing all three just to be safe before trying the Credit Karma account creation again. Also make sure you re'doing it during business hours - I noticed the verification seems to work better then!
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Cynthia Love
Had this exact same problem last week! What ended up working for me was using a different device entirely - turns out TurboTax sometimes caches failed attempts and keeps blocking you even after you fix the underlying issue. I tried on my phone instead of my laptop and it went through immediately. Also make sure you're not using any VPN or ad blockers as those can interfere with the identity verification process. If you've already unfrozen your credit as others suggested, give it a try on a completely different device/browser.
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