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Anita George

What's the penalty or solution for having both FSA/HSA contributions in the same household?

So I messed up big time with our health accounts this year. I have an FSA through my employer for 2024, and my wife has an HSA through her job. We just found out that she's not eligible to contribute to her HSA because I have an FSA. Nobody told us about this rule when we signed up! What options do we have now? Is it just paying the 6% tax penalty on the HSA contributions? Or is there something else we need to do to fix this? I've heard there might be some way to correct this without penalties but I'm not sure. For 2025, I'm definitely dropping my FSA so my wife can keep contributing to her HSA since it seems like a better long-term option for us. But I'm worried about what happens with the 2024 contributions we've already made. Has anyone dealt with this FSA/HSA overlap problem before? What did you do?

The good news is you have options beyond just paying the penalty! This FSA/HSA overlap is a common mistake. Your wife will need to contact her HSA provider about doing an "excess contribution withdrawal" (sometimes called a "return of excess contributions"). If she removes the excess 2024 contributions plus any earnings on those contributions before the tax filing deadline (including extensions, so typically October 15, 2025), she can avoid the 6% penalty completely. The withdrawn contributions won't be tax-deductible, and any earnings on those contributions will be taxable income for 2024. There might also be a small processing fee from the HSA provider, but that's much better than paying the 6% penalty year after year until you correct it. Make sure she gets proper documentation of the correction for your tax records. Your plan for 2025 sounds good - dropping your FSA will make her eligible for HSA contributions going forward.

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Thank you! This is helpful. Does she need to withdraw ALL of her 2024 HSA contributions, or just the ones made after I got my FSA? I started my FSA in March 2024, so we had about 2 months where she was contributing to her HSA but maybe was eligible? Also, will this affect our 2024 tax return in any other ways I should know about?

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Since you had an FSA at any point during 2024, unfortunately she'll need to withdraw all HSA contributions made for the 2024 tax year. The IRS considers eligibility on a full-year basis in this situation, not month-by-month. Regarding your tax return, your wife will receive a 1099-SA form showing the distribution from her HSA. She'll also get a Form 5498-SA showing contributions. You'll need to file Form 8889 with your taxes to report both the contributions and the withdrawal of excess. The withdrawn contribution amount won't be deductible, and any earnings on those contributions will be added to your taxable income for 2024. Your FSA isn't affected - those contributions and qualified expenses remain tax-free.

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After dealing with a similar HSA/FSA mixup last year, I found taxr.ai was super helpful! https://taxr.ai helped me figure out exactly what forms I needed and how to report the excess contribution removal. The tool analyzed all my health account statements and tax docs, then gave me step-by-step instructions for fixing the overlap problem. What's really useful is it calculated the exact earnings amount that needed to be reported as taxable income - something I was really confused about. It also generated a complete explanation I could give my tax preparer.

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Did taxr.ai help with calculating what portion of the earnings on the contributions were taxable? That's the part I always find confusing with these excess contribution situations. Also, did it work with your existing tax software or was it completely separate?

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I'm a bit skeptical about these tax tools. Did it actually save you from paying the penalty? And how does it work with the actual HSA provider process - like does it generate the forms you need to send them?

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Yes, it calculated the taxable earnings portion precisely, which was super helpful. It took my contribution dates and withdrawal date, then determined exactly what part of the growth was attributable to the excess contributions. That saved me from guessing or doing complex calculations. It worked alongside my regular tax software. I used the information from taxr.ai to correctly input everything into TurboTax. It doesn't submit forms to your HSA provider, but it creates a detailed report explaining what you need to request from them, including specific wording to use when contacting them about excess contribution removal.

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Just wanted to share that I used taxr.ai after seeing the recommendation here and it was a lifesaver for my HSA/FSA problem! I was totally confused about how to handle the excess contribution removal and the potential penalties. The step-by-step guidance walked me through exactly what to say to my HSA provider. They even had example scripts for the phone call which made it so much easier. What surprised me was how it caught a calculation error my HSA provider made regarding the earnings portion. The provider initially calculated too much in taxable earnings, but taxr.ai showed me the correct amount based on actual contribution dates, and I was able to get it fixed before tax filing. Definitely worth using if you're dealing with this FSA/HSA issue!

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If you're still having trouble getting clear answers from your HSA provider about the excess contribution process, try Claimyr (https://claimyr.com). I spent WEEKS trying to reach someone at my HSA company who actually understood the excess contribution rules, but kept getting transferred around. Claimyr got me connected to a senior representative in under 20 minutes who processed my excess contribution removal correctly. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the phone systems for you and get you to a real person fast. They saved me hours of frustration with hold music and being transferred around.

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How exactly does this work? Do they just call for you or are you still on the line? I've been trying to reach my HSA administrator for days about a similar issue.

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This sounds too good to be true. HSA providers are notorious for long waits. You're saying this service somehow magically gets you to the front of the line? I've spent literally hours on hold trying to fix tax issues with my health accounts.

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You stay on the line the whole time. Basically, you call their number, tell them who you need to reach, and they use their system to navigate the phone menus and hold times. When they reach a real person, you're still on the call and take over the conversation. It's not magic - they just have technology that handles the waiting and navigation for you. Their system continuously calls, navigates the menus, and waits on hold so you don't have to. When your HSA administrator finally picks up, you're notified and jump in for the actual conversation. It saved me nearly 2 hours of hold time when I was trying to get my excess contribution issue resolved before the tax deadline.

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I have to eat my words about being skeptical of Claimyr. After my HSA provider kept me on hold for 45+ minutes three days in a row, I gave it a try out of desperation. Got connected to an actual HSA specialist in about 15 minutes who knew exactly how to process the excess contribution removal. The representative even waived the processing fee since I explained it was an honest mistake about the FSA/HSA rules. They helped me calculate the exact earnings amount that needed to be included and confirmed it would all be processed before the tax deadline. I was genuinely surprised it worked so well after all the frustration I'd been dealing with. Definitely worth it when you're on a deadline with tax issues like this!

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Just adding that there might be another option depending on your FSA type. If you have a "limited purpose FSA" (only for dental and vision) instead of a regular FSA, your spouse could actually keep her HSA contributions. Check your FSA plan details. Some employers offer this type specifically to be compatible with HSAs.

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Hmm, I never thought of that! I'll have to check my FSA details when I get home. I'm pretty sure it's a regular medical FSA that covers all healthcare expenses, but now I'm curious. Would switching to a limited purpose FSA mid-year be an option, or is it too late for 2024?

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Unfortunately, switching mid-year from a general purpose FSA to a limited purpose FSA isn't allowed unless you have a qualifying life event (like marriage, birth, job change, etc). Even if you could switch now, the fact that you had a general purpose FSA at any point during 2024 makes your spouse ineligible for HSA contributions for the entire year. For 2025, though, you could definitely consider a limited purpose FSA instead of dropping FSA coverage completely. That way, both you and your spouse could take advantage of tax-advantaged health accounts - you'd get the FSA for dental and vision expenses, and she could continue with the HSA for everything else.

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Has anyone had any success getting the 6% penalty waived by the IRS if you self-correct by withdrawing the excess HSA contribution? I made the same mistake last year but didn't realize until after filing my taxes.

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I was in a similar situation and filed Form 5329 to report the excess contribution. I attached a letter explaining it was an honest mistake due to confusion about the FSA/HSA rules and that I had already withdrawn the excess amount (although after the tax deadline). The IRS did waive the penalty for me, but I've heard it's very case-by-case.

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Thanks for sharing your experience! That gives me some hope. I'll try the same approach with Form 5329 and a detailed explanation letter. Did you need to provide any particular documentation with your letter, or was the explanation enough?

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The explanation letter alone worked for me, but I was very specific - included dates, account numbers, the exact amount of excess contribution, and proof I had already corrected the issue (even though it was late). I also cited the relevant tax code showing I understood the rules now. One key thing: don't call it a "waiver request" since there's no formal waiver process for this penalty. Instead, I framed it as "reasonable cause" for abatement of the penalty. Also, be prepared to wait a while - it took about 3 months to get the confirmation that they accepted my explanation.

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Another option worth considering: if your spouse hasn't made the full $4,150 family HSA contribution for 2024 yet (assuming family HDHP coverage), she could reduce her planned contributions for the remainder of the year. Then she'd only need to withdraw any amount already contributed over her prorated eligibility for the months before your FSA started, which would be less to deal with.

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Just wanted to add some clarification on timing that might help others in similar situations. The excess contribution removal deadline is actually your tax filing deadline INCLUDING extensions - so if you file for an extension, you have until October 15, 2025 to remove the excess 2024 HSA contributions without penalty. Also, make sure to keep detailed records of everything. When I dealt with this last year, I created a timeline showing exactly when my FSA started, when each HSA contribution was made, and when the excess was withdrawn. This documentation was crucial when filing Form 8889 and helped avoid any confusion with the IRS. One more tip: some HSA providers are more familiar with this process than others. If the first person you talk to doesn't seem to understand "excess contribution removal," ask to speak with someone in their tax compliance department or use the specific term "return of excess contributions under IRC Section 223(f)(3)." The legal reference sometimes gets you to someone who knows the process better.

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This is really helpful information, especially about the extension deadline! I didn't realize you could have until October if you file an extension. The tip about using the specific IRC section reference is gold - I've been getting nowhere with my HSA provider's customer service, but asking for tax compliance department sounds like it might actually get me to someone who understands this stuff. One question: when you created that timeline documentation, did you need to get official statements from both your FSA and HSA providers showing the exact dates, or were your own records sufficient for the IRS?

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This is such a helpful thread - I'm dealing with the exact same FSA/HSA overlap issue right now! One thing I wanted to add that might help others: when you call your HSA provider to request the excess contribution removal, make sure to ask them to calculate the earnings based on the "dollar-weighted" method rather than just a simple pro-rata calculation. My HSA provider initially used a method that resulted in much higher taxable earnings than necessary. After I questioned it (thanks to some of the resources mentioned here), they recalculated using the proper method and the taxable portion was significantly lower. The difference was almost $200 in my case! Also, if your HSA provider charges a fee for processing the excess contribution removal, it's worth asking if they'll waive it given that this is often an honest mistake about IRS rules that aren't clearly explained during enrollment. Some providers will waive the fee as a courtesy, especially if you explain the situation clearly.

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This is excellent advice about the calculation method! I'm curious - when you questioned their initial calculation, did you need to provide them with specific guidance on how to use the dollar-weighted method, or did they know what you meant once you mentioned it? I'm worried my HSA provider might not be familiar with the different calculation approaches, and I want to be prepared with the right terminology when I call them. Also, did they provide you with detailed documentation showing both calculations so you could see the difference? The fee waiver tip is great too - I hadn't thought to ask about that, but you're right that this rule confusion seems to catch a lot of people off guard during open enrollment when no one mentions the FSA/HSA incompatibility.

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I'm dealing with this exact situation right now and this thread has been incredibly helpful! One thing I'd add based on my recent experience: when you're calculating the timeline for HSA eligibility, make sure to check if your FSA has a grace period or allows carryover funds. My employer's FSA had a 2.5 month grace period, which means I was technically still covered by the FSA through mid-March 2024 even though the plan year ended December 31, 2023. This extended my HSA ineligibility period and affected how much I needed to withdraw as excess contributions. Also, if anyone is considering the limited purpose FSA route for 2025 that was mentioned earlier, just be aware that the contribution limits are usually much lower than regular FSAs - mine caps at $2,000 vs the $3,200 I could contribute to a general purpose FSA. Still might be worth it for the HSA flexibility though! Has anyone else run into the grace period complication? It seems like another one of those details that isn't well explained during benefits enrollment.

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Great point about the FSA grace period! I ran into something similar with my employer's FSA that had a carryover provision. Even though I thought my FSA coverage ended in December, I actually had $500 carried over into the next year, which extended my HSA ineligibility. The tricky part was that HR didn't initially mention this when I asked about HSA eligibility - I only found out when I dug deeper into the plan documents. It's definitely worth checking both grace periods AND carryover rules with your benefits administrator. For the limited purpose FSA limits, you're absolutely right that they're typically lower. In my case though, since we mainly use it for dental and vision (kids' orthodontics, annual eye exams, etc.), the $2,000 limit actually covers most of our predictable expenses in those categories. The HSA flexibility for everything else, especially the long-term investment potential, makes it worth the trade-off. It really seems like there should be better disclosure about all these interconnected rules during open enrollment!

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This thread has been incredibly informative! I'm dealing with a similar FSA/HSA overlap issue and wanted to share another resource that helped me understand the timeline complexities everyone's discussing. The IRS Publication 969 has a specific section on HSA eligibility that breaks down exactly how FSA coverage affects HSA contributions, including details about grace periods and carryovers that several people mentioned. What I found particularly helpful was the example scenarios they provide - one specifically addresses the situation where someone has FSA coverage for only part of the year. One thing I learned from Pub 969 that wasn't mentioned yet: if you're married filing jointly and your spouse has family HDHP coverage through her employer, you both need to be HSA-eligible for her to make family-level contributions. So even if she has the qualifying health plan, your FSA disqualifies the entire family from HSA contributions, not just you individually. This whole experience has definitely made me realize how complex these health account rules are. For 2025 enrollment, I'm planning to ask HR for a written summary of how our FSA options interact with HSA eligibility before making any decisions!

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This is such a valuable point about Publication 969! I wish I had known about that resource when I first ran into this issue. The example scenarios you mentioned sound really helpful - I've been struggling to understand exactly how the family coverage rules work when spouses have different employers. Your point about both spouses needing to be HSA-eligible for family-level contributions is crucial and something I hadn't fully grasped. It really drives home how one person's FSA can affect the entire household's HSA strategy, not just their individual eligibility. The idea of getting written documentation from HR about FSA/HSA interactions is brilliant. I bet a lot of people would avoid these mistakes if the rules were clearly explained upfront instead of having to discover them after the fact when you're already dealing with excess contributions and potential penalties. Thanks for sharing the Publication 969 reference - I'm definitely going to review that before making any 2025 enrollment decisions!

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