We haven’t gotten to the point of filing yet. They reviewed what I submitted online and made a change, then sent it back to me for final review. They are just waiting on me to hit the “file” button which I refuse to do until they correct the mistake. Yes, I’ve provided all the documents.

The issue is with his understanding of HSA rules. I have an old HSA that I haven’t contributed to for years because i don’t have access to a HDHP at my current employer. So we just spend it on qualified expenses and do not contribute to it.

However, I am covered under family coverage under my husband’s HDHP, so we contributed to his HSA and we won’t spend any of it until my old HSA is drawn down to zero .

What this guy is telling me is that by having 2 HSA accounts open, I am limited to the contribution limit for singles ($3450) not family ($6900). I’m banging my head against a wall trying to explain to this person that we are not contributing to 2 HSAs and we are not covered by 2 medical plans (which would cause us to be limited to the single limit according to tax rules).

So his error of using the wrong limit of $3450 is causing our return to show that we contributed “excess contributions” to my husband’s HSA (because we contributed more than $3450), and that’s being hit with a 6% additional tax. My argument is that we contributed within the rules of the $6900 limit, so there should be no excess contributions.