How Do I Fix Excess Contribution Withdrawl
"You didn't have a situation of ""excess contribution"". If you have proof that someone in Fidelity actually told you what you said, you might try to recover some of your losses through a lawsuit. However, their first (and main) defense would be that they're not in the business of providing tax advice, and it is your problem that you asked random person a tax question, and then acted on an incorrect answer. By the way, that only goes to say that anything you might read here you should, as well, take with a grain of salt. The only one who can give you a tax advice is a licensed tax professional. I explained it in details in my blog post, but in short - it is either an EA (Enrolled Agent, with the IRS credentials), or a CPA (Certified Public Accountant) or Attorney licensed in your State. Back to your question - ""Excess Contribution"" to a IRA is when you contribute in excess to the limits imposed. For Traditional IRA in 2012 the limit was $5000. You contributed $4000 - this means that you were not in excess. There's nothing they can ""correct"", the 1099-R you got seems to be correct and in order. What you did have was a case of non-deductible contribution. Non-deductible contribution to your IRA should have been reported to the IRS on form 8606. Non-deductible contribution creates basis in your IRA. Withdrawals from your IRA are prorated to the relation of your basis to your total value, and the taxable amount is determined based on that rate. It is, also, calculated using form 8606. So in short - you should have filed a form 8606 with your 2012 tax return declaring non-deductible IRA and creating $4000 basis, and then form 8606 with your 2013 tax return calculating which portion of the $4000 you withdrew is non-taxable. If your total IRA (in all accounts) was that $4000 - then nothing would be taxable. Talk to a tax adviser, you might need to amend your 2012 return (or send the 2012 form separately, if possible), and then do some math on your 2013 return. If 60 days haven't passed, you might want to consider depositing the $4000 in a Roth IRA and perform what is called ""Conversion""." "I think there are several issues here. First, there's the contribution. As littleadv said, there is no excess contribution. Excess contribution is only if you exceed the contribution limit. The contribution limit for Traditional IRAs does not depend on how high your income goes or whether you have a 401(k). It's the deduction limit that may depend on those things. Not deducting it is perfectly legitimate, and is completely different than an ""excess contribution"", which has a penalty. Second, the withdrawal. You are allowed to withdraw contributions made during a year, plus any earnings from those contributions, before the tax filing deadline for the taxes of that year (which is April 15 of the following year, or even up to October 15 of the following year), and it will be treated as if the contribution never happened. No penalties. The earnings will be taxed as regular income (as if you put it in a bank account). That sounds like what you did. So the withdrawal was not an ""early withdrawal"", and the 1099-R should reflect that (what distribution code did they put?). Third, even if (and it does not sound like the case, but if) it doesn't qualify as a return of contributions before the tax due date as described above (maybe you withdrew it after October 15 of the following year), as littleadv mentioned, your contribution was a non-deductible contribution, and when withdrawing it, only the earnings portion (which after such a short time should only be a very small part of the distribution) would be subject to tax and penalty."
An answer to this question  Can I get a rebate after using my HSA? discusses how to redeposit money accidentally withdrawn. The link to https://www.americafirst.com/about/help/faq/health-savings.cfm in the answer also includes this FAQ: What if I contribute into my HSA more than my yearly limit allows? If nothing is done about this excess contribution then there will be   an excise tax of 6 percent assessed by the IRS. You are able to avoid   this penalty as long as you distribute the excess before the tax   filing deadline including any extensions. Any of our many America   First branches can help you fill out the appropriate paperwork to get   this taken care of so you avoid this tax. contact the institution where the funds are deposited and ask for help reversing the deposit. "Besides what others have mentioned, another thing to watch out for is the tax withholding on withdrawal. If it's a Traditional IRA, they will probably withhold a certain percentage on non-qualified withdrawals. I am not sure if you can ask them not to withhold. I don't remember the percentage, and it varies by state, but let's assume it is 20%. That means that you only receive 80% of the withdrawal amount when you take it out. However, when you deposit the money to complete the ""rollover"", you need to give them 100% of the withdrawal. That means (assuming the 20% withholding) you need to fork out cash equal to 125% of what you received in cash, within 60 days! That's like several hundred percent APR and hard to meet unless you are certain of receiving a large payment within the time period. And if you forget about this, and you just deposit the same amount that you received (80% of the withdrawal), the remainder (20% of the withdrawal) will count as an early withdrawal, with all the taxes and penalty. So what happens to the 20% withheld that you never received but had to pay anyway? Well, the government has it. It will count as tax paid on your tax return, so it will increase your refund/decrease the amount you owe, but that means you are out that money until tax time! (Unless you decrease the withholding on your salary in the rest of the year to compensate.) If it's a Roth IRA withdrawal on the contribution, there is generally no withholding, so you don't have to worry about the above. (But there is no penalty on withdrawal of Roth IRA contribution anyway.)" "typically, your employer will automatically stop making contributions once you hit the 18k$ limit. it is worth noting that employer contributions (e.g. ""matching"") do not count towards the 18k$ employee pre-tax contribution limit. however, if you have 2 employers during the year their combined payroll deductions might exceed the limit if you do not inform your later employer of the contributions you made at your former employer (or they ignore the info). in which case, you must request a refund of ""excess contributions"" from one of the plans (your choice). you must report the refund as taxable income on your taxes. if you do not make this request by the time you file your taxes, the tax man will reject your filing and ""adjust"" your return with more taxes and penalties. sometimes requesting a refund of excess contributions might cause your employer to remove ""matching"" funds, but i am not clear on the rules behind that. there are some 401k plans that allow ""supplemental after-tax contributions"" up to the combined employee/employer limit (53k$ in 2015 and 2016). it is a rare feature, and if your company offers it, you probably already know.  however, generally it is governed by a separate contribution election that only take effect once you hit the employee pre-tax contribution limit (18k$ in 2015 and 2016). you could ask your hr department to be sure. 401k plans can be changed if there is enough employee demand for a rule change.  especially in a small company, simply asking for them to allow dollar based contributions instead of percent based contributions can cause them to change the plan to allow it. similarly, you could request they allow ""supplemental after-tax contributions"", but that might be a harder change to get." "You are not the only one with this problem. When Intuit changed their pricing and services structure in 2015 a lot of people got angry, facing larger fees and having to go through an annoying upgrade just to get the same functionality (such as Schedule D, capital gains). You have several options: (1) Forget Turbo Tax and just use paper forms. That is what I do. Paper is reliable. (2) Use forms mode in Turbo Tax. Of course, that may be even more complicated than simply filing out paper forms. (3) Use a different service. If your income is below $64,000 the IRS has a free electronic filing service. Other online vendors have full taxes services for less than Turbo Tax. (4) Add the amount to ordinary income. Technically, as long as you report the income, you cannot be penalized, so if you add the capital gain to your ordinary income, then you have paid taxes on the income. Even if they send you a letter, you can send an answer that you added it to ordinary income and that will satisfy them. Of course you pay a higher rate on your $26 if you do that. (5) If you are in the 15% or below income bracket you are exempt from capital gains, and you can omit it. Don't believe the nervous Nellies who say the IRS will burn your house down if you don't report $26 in capital gains. Penalties are assessed on the percentage of TAXES you did not pay (0.5% penalty per month). Since 0.5% of $0 is $0 your penalty is $0. The IRS knows this. The IRS does not send out assessment letters for $0. (6) Even if you are above the 15% bracket, there is likelihood it is still a no-tax situation (see 5 above). (7) Worst case scenario: you are making a million dollars per year and you omit your $26 capital gains from your return. The IRS will send you an assessment letter for about $10. You can then send them a separate check or money order to pay it. In all honesty I have omitted documented tax items, like taxable interest, that the IRS knows about many times and never gotten an assessment letter. Once I made a serious math error on my return and they sent me an assessment letter, which I just paid, end of story. And that was for a lot more than $26. The technical verbiage for something like this in IRS lingo is CP-2000, underreported income. As you can see from this official IRS web page, basically what they do is guess how much they think you owe and send you a bill. Then you pay it. If you do so in time, you don't even get a 0.5% interest penalty on your $6.75 owed or whatever it is. (8) Go hog wild. As long as you are risking an assessment on your $26, why not go hog wild and just let the IRS compute all your taxes for you? Make a copy of your income statements, then mail them to the IRS with a letter that says, ""Hi, I am Mr. Odinson, my SSN is XXX-XX-XXXX. My address is XYZ. I am unable to compute my taxes due to a confused state of mind. I am hereby requesting a tax assessment for the 2016 tax year."" Make sure you sign and date the letter. In all probability they will compute the full assessment and send you a bill (or refund)." It's not your money. What does your wife think of this?  You know, the withdrawal is subject to full tax at your marginal rate as well as a 10% penalty. That's quite a price to pay, don't do it. I wrote an article about this a while ago with detailed instructions, so I'll link to it here. Here's a snippet about how to use the Roth IRA loophole and report it properly: You don’t have any Traditional/Rollover IRA at all. You deposit up to the yearly maximum (currently $5500) into a traditional IRA. In your case, you re-characterized, which means you essentially deposited. The fact that it lost money may help you later if you have extra amounts in Traditional IRA. You convert your traditional IRA to become Roth IRA ($5500 change designation from Traditional IRA to Roth IRA).  You fill IRS form 8606 and attach it to your yearly tax return, no tax due. You have  a fully funded Roth IRA account. If you have amounts in the Traditional IRA in excess to what you contributed last year - it becomes a bit more complicated and you need to prorate. See my article for a detailed example. On the form 8606 you fill the numbers as they are. You deposited to IRA 5500, you converted 5100, your $400 loss is lost (unless you have more money in IRA from elsewhere). If you completely distribute your IRA, you can deduct the $400 on your Schedule A, if you itemize. Apply as many deductions as you are legally entitled to. Those are taxes you may never ever pay.  Then turn around and put any more monies above the maximum retirement contributions into a taxable account. But this time invest in tax efficient investments. For example, VTI or SPY will incur very minimal taxes and when you withdraw, it will be at lower tax rate (based on current tax laws). Just as you diversify your investments, you also want to diversify your taxes. "Yes, you can withdraw the excess contribution (or actually any amount you contributed for 2015, not necessarily an excess), plus earnings from that withdrawn contribution, by April 15, and not incur a penalty for the excess contribution. It would count as if you did not contribute that amount at all. The earnings would be taxed as regular income, and the earnings may incur a penalty. Yes, you can ""recharacterize"" (all or part of) your Roth IRA contribution as a Traditional IRA contribution (or vice versa) by April 15. Recharacterization means you pretend the contribution was originally made as a Traditional IRA contribution, and did not involve Roth IRA at all. (""Conversion"" is something very different and can only go from Traditional to Roth, not the other way around.) You are likely not eligible to deduct that Traditional IRA contribution, so you will have to report it as a non-deductible Traditional IRA contribution on a 2015 Form 8606 Part 1. Note that after you've recharacterized it as a Traditional IRA contribution, you can also then ""convert"" that Traditional IRA money to a Roth IRA if you want, achieving the same state as what you have now. Contributing to a Traditional IRA and then converting to a Roth IRA is called a ""backdoor Roth IRA contribution""; if you don't have any existing pre-tax money in Traditional IRA or other IRAs, then this achieves the same as a regular Roth IRA contribution except with no income limits. When you convert, the earnings you have made since contributing will be taxed as income. If you had done the backdoor originally to begin with (convert right after contributing), you would have had no earnings in between and no tax to pay, but since if you do the conversion now you have waited so long, you are disadvantaged by having to pay tax on the earnings in between. If you convert, you will have to fill out Form 8606 Part 2 for the year you convert (2016)." Having worked at a financial institution, this is a somewhat simple, two-part solution. 1) The lendor/vendor/financial institution simply turns off the overdraft protection in all its forms. If no funds are available at a pin-presented transaction, the payment is simply declined. No fee, no overdraft, no mess. 2) This sticking point for a recurring transaction, is that merchants such as Netflix, Gold's Gym etc, CHOOSE to allow payments like this, BECAUSE they are assured they are going to get paid by the financial institution. It prevents them from having issues. Only a gift card will not cost you more money than you put in, BUT I know of several institutions, that too many non-payment periods can cause them to cease doing business with you in the future. TL:DR/IMO If you don't want to pay more than you have, gift cards are the way to go. You can re-charge them whenever you choose, and should you run into a problem, simply buy a new card and start over. "Because it is a Roth IRA (not traditional), you never pay penalties for withdrawing any amount up to your total contributions amount. This is because you are funding it with after tax money. But it sounds like your Roth had $11K in it and you zeroed it out? If you were less than 59.5 years old at the time you made the withdrawal, then if you did not return anything to the account, then you would pay tax on the 6K as income this year at your normal tax rate, plus an additional 10% penalty on that 6K ($600). The 5K in contributions is not taxable. Now, since it's been more than 60 days since you withdrew the money, you cannot put the 6K in earnings back in without paying the penalty, however, you can still contribute $5500 per year (or $6500 if you're over 50). So, you can put back $5500 and then you would only have to pay tax + 10% on the $500 difference. Update: I would recommend talking to an accountant. The fact that you intended to buy a house might provide a mechanism for getting the money back in if you wish. If this was your first house or you have not owned a home in the last 2 years, then you would be considered a ""first-time homebuyer"" and there is a special exception allowing you to remove 10K without penalty. If you end up not purchasing the home, you have 120 days to contribute those funds back in (treated as a rollover- thank you littleadv for the link to this). As for the final 1K overage, I believe you can count that towards your $5500/yr contribution when you put the entire amount back. Lastly, after digging into this, you have hit so many edge cases with your scenario (6K in earnings being between 5500 for under 50 and 6500 for over 50, it's been 70 days which is between the 60 day normal cutoff and the 120 day extended cutoff for home purchase falling through, and 11K total being just over the 10K cutoff for the same), that I'm starting to wonder if this is some sort of contrived case for an accounting exam!?" "You withdrew the 'cash' portion, and will pay tax on it. How was the check ""another for move remaining to B"" issued? Was it payable to you? If so, it's too late, it's your money and the whole account was cashed out.  If it was payable to B, you should have had it sent directly to their custodian, are you saying you still have that check? You might need to ask A to reissue the check to you, since you are no longer in the US. I'm not sure if you can roll it to an IRA at this point." It is my understanding that there are no penalties for withdrawals and you can withdraw as much as you want as often as you want, including more than once in the same calendar year.  Of course, the money must be in cash in the TFSA, which may require you to sell something.  That sale may have fees associated with it and possibly penalties for early withdrawal, etc. There is still huge confusion over this, because there are penalties for over-contributions in the calendar year.  You contribution limit is still $5,500/year, regardless of how much you may have withdrawn in that same calendar year. So if you withdraw $10K in 2013, you can still only contribute $5,500 in 2013.  In 2014, you can contribute $5,500, PLUS you can also contribute an additional $10K for the 2013 withdrawal of $10K.  Think of it like 2 separate limits, one for current year, and one a running total of all past withdrawals. The rebate amount is a non-qualified distribution: IRS Pub 969 describes how the HSA works: Reporting Distributions on Your Return How you report your distributions depends on whether or not you use the distribution for qualified medical expenses (defined earlier). If you use a distribution from your HSA for qualified medical expenses, you do not pay tax on the distribution but you have to report the distribution on Form 8889. However, the distribution of an excess contribution taken out after the due date, including extensions, of your return is subject to tax even if used for qualified medical expenses. Follow the instructions for the form and file it with your Form 1040 or Form 1040NR. If you do not use a distribution from your HSA for qualified medical expenses, you must pay tax on the distribution. Report the amount on Form 8889 and file it with your Form 1040 or Form 1040NR. If you have a taxable HSA distribution, include it in the total on Form 1040 or Form 1040NR, line 21, and enter “HSA” and the amount on the dotted line next to line 21. You may have to pay an additional 20% tax on your taxable distribution. I looked at several plans regarding how to handle mistaken distributions: example A What if I accidentally use my HSA Visa debit card for a non-qualified expense?   To fix this problem, just bring that same amount into any local branch and tell us it was a Mistaken Distribution. We can then put the funds back into your HSA and correct the problem.  example B  You’re allowed to correct mistaken   HSA withdrawals when there is clear and convincing   evidence that amounts were distributed from an HSA   because of a mistake of fact due to reasonable cause. You   can correct the mistake by repaying the withdrawal   no later than April 15 following the first year that you   knew or should have known that the withdrawal was   a mistake. When a correction is made, the mistaken   withdrawal does not have to be included in gross   income or be subject to the 6 percent additional tax, and   the repayment does not count as an excess contribution.   If an error is made by SelectAccount in its role as the   administrator, SelectAccount will be responsible for   taking appropriate corrective action. Check with your plan trustee on their procedure to fix the mistaken withdrawal. Excise tax on the excess contribution is 6% a year on the amount of the contribution. In addition, gains will be taxable to you. By adding 20K over the limit, you added $1200 to your tax bill. Withdraw it ASAP. Whatever investment you have in your IRA - you can probably buy it (or a comparable) outside of the IRA. "Perhaps you can track your VAT amounts in a Liability account.  Using a tax liability account is a common thing in accounting. To do this, when you receive money, split the transaction such that your actual revenue (which you will keep after VAT remittance) goes into an Asset account, and the amount you will eventually have to pay back to the state goes into a Liability account.  Later, when you pay the VAT back to the state, your transaction will effectively ""pay back"" the liability, with one end of your double-entry decreasing the funds in your checking account, and the other end decreasing the funds in your tax liability account. Having said that, I've found that there are many shortcomings in the Cash Flow report, and I'm not sure that using a tax liability account (which I think is the Right Thing to do) will necessarily solve this problem for you..."