My employer contributed to my HSA during each paycheck of 2010. I elected not to make any contributions of my own through pay check deductions or any other means. I do not have a code W in Box 12 on my W-2.

I received a 1099-SA for the amount that I withdrew, and a 5498-SA which includes the amount that my employer contributed but says that it should not be used for tax filing purposes (and shouldn't even be mailed until May 31).

I'm using TaxAct which only asks for Box 12 Code W. If I go into the "other information" it asks for after tax contributions.

I'm stumped. Did my employer screw up the W-2 and I need a new one or do I have to jump through some hoops and hire a tax preparer to get around this?


asked 14 Feb '11, 16:20

Jeff%201's gravatar image

Jeff 1
accept rate: 0%

Hi Jeff,

Indeed that does seem odd. Contributions made by your employer should be indicated by code W in box 12 of your W-2, as per IRS Pub 969 (Health Savings Accounts and Other Tax-Favored Health Plans): Although your employer’s contributions are not tax deductible, they will still need to be reported on Form 8889:

It does initially sound like a discrepancy has occurred, but unfortunately this is NOT the type of information that you would be permitted to arbitrarily adjust. You must ask the employer to make this correction and issue you a W-2C (Corrected). If your employer has reported their contributions correctly in the past, this shouldn’t be a problem.

With respect to the 5498, the reason why these forms are sent out late in the year/after the filing deadline is because you are permitted to make a qualified contribution up to, and including, the tax return filing deadline (typically April 15th, but 18th during 2011). For example, you could make a qualified contribution to your HSA on 4/12/2011 and designate these contributions “retroactively” for the 2010 tax year.

Lastly, there isn’t any way for a reputable tax professional to circumvent your predicament. It may be inconvenient to delay your return, but your information documents should be accurate before you file.

Best of Luck!


answered 14 Feb '11, 18:30

Kristy%20M.%20W.'s gravatar image

Kristy M. W.
accept rate: 4%

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Asked: 14 Feb '11, 16:20

Seen: 4,314 times

Last updated: 14 Feb '11, 18:30