HSA Basics
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The Basics of an
HSA
What is a Health Savings Account (“HSA”)?
A Health Savings Account is an alternative to traditional health insurance; it is
a savings product that offers a different way for consumers to pay for their health
care. HSAs enable you to pay for current health expenses and save for future qualified
medical and retiree health expenses on a tax-free basis.
You must be covered by a High Deductible Health Plan (HDHP) to be able to take advantage
of HSAs. An HDHP generally costs less than what traditional health care coverage
costs, so the money that you save on insurance can therefore be put into the Health
Savings Account.
You own and you control the money in your HSA. Decisions on how to spend the money
are made by you without relying on a third party or a health insurer. You will also
decide what types of investments to make with the money in the account in order
to make it grow.
What Is a “High Deductible Health Plan” (HDHP)?
You must have an HDHP if you want to open an HSA. Sometimes referred to as a “catastrophic”
health insurance plan, an HDHP is an inexpensive health insurance plan that generally
doesn’t pay for the first several thousand dollars of health care expenses (i.e.,
your “deductible”) but will generally cover you after that . Of course, your HSA
is available to help you pay for the expenses your plan does not cover.
For 2007, in order to qualify to open an HSA, your HDHP minimum deductible must
be at least $1,100 (self-only coverage) or $2,200 (family coverage). The annual
out-of-pocket (including deductibles and co-pays) for 2007 cannot exceed $5,500
(self-only coverage) or $11,000 (family coverage). HDHPs can have first dollar coverage
(no deductible) for preventive care and apply higher out-of-pocket limits (and co
pays & coinsurance) for non-network services.
How can I get a Health Savings Account?
Consumers can sign up for HSAs with banks, credit unions, insurance companies and
other approved companies. Your employer may also set up a plan for employees as
well.
How much does an HSA cost?
An HSA is not something you purchase; it’s a savings account into which you can
deposit money on a tax-preferred basis. The only product you purchase with an HSA
is a High Deductible Health Plan, an inexpensive plan that will cover you should
your medical expenses exceed the funds you have in your HSA.
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Who Can Have an
HSA
Who is eligible for a Health Savings Account?
To be eligible for a Health Savings Account, an individual must be covered by a
HSA-qualified High Deductible Health Plan (HDHP) and must not be covered by other
health insurance that is not an HDHP. Certain types of insurance are not considered
“health insurance” (see below) and will not jeopardize your eligibility for an HSA.
Can I get an HSA even if I have other insurance that pays medical bills?
You are only allowed to have auto, dental, vision, disability and long-term care
insurance at the same time as an HDHP. You may also have coverage for a specific
disease or illness as long as it pays a specific dollar amount when the policy is
triggered. Wellness programs offered by your employer are also permitted if they
do not pay significant medical benefits.
Does the HDHP policy have to be in my name to open an HSA?
No, the policy does not have to be in your name. As long as you have coverage under
the HDHP policy, you can be eligible for an HSA (assuming you meet the other eligibility
requirements for contributing to an HSA). You can still be eligible for an HSA even
if the policy is in your spouse’s name.
I don’t have health insurance, can I get an HSA?
You cannot establish and contribute to an HSA unless you have coverage under a HDHP.
I’m on Medicare, can I have an HSA?
You are not eligible for an HSA after you have enrolled in Medicare. If you had
an HSA before you enrolled in Medicare, you can keep it. However, you cannot continue
to make contributions to an HSA after you enroll in Medicare.
I am a Veteran, can I have an HSA?
If you have received any health benefits from the Veterans Administration or one
of their facilities, including prescription drugs, in the last three months, you
are not eligible for an HSA.
I’m active-duty military and have Tricare coverage, can I have an HSA?
At this time, Tricare does not offer an HDHP options so you are not eligible for
an HSA.
My employer offers an FSA, can I have both an FSA and an HSA?
You can have both types of accounts, but only under certain circumstances. General
Flexible Spending Arrangements (FSAs) will probably make you ineligible for an HSA.
If your employer offers a “limited purpose” (limited to dental, vision or preventive
care) or “post-deductible” (pay for medical expenses after the plan deductible is
met) FSA, then you can still be eligible for an HSA.
My employer offers an HRA, can I have both an HRA and an HSA?
You can have both types of accounts, but only under certain circumstances. General
Health Reimbursement Arrangements (HRAs) will probably make you ineligible for an
HSA. If your employer offers a “limited purpose” (limited to dental, vision or preventive
care) or “post-deductible” (pay for medical expenses after the plan deductible is
met) HRA, then you can still be eligible for an HSA. If your employer contributes
to an HRA that can only be used when you retire, you can still be eligible for an
HSA.
My spouse has an FSA or HRA through their employer, can I have HSA?
You cannot have an HSA if your spouse’s FSA or HRA can pay for any of your medical
expenses before your HDHP deductible is met.
I don’t have a job, can I have an HSA?
Yes, if you have coverage under an HDHP. You do not have to have earned income from
employment – in other words, the money can be from your own personal savings, income
from dividends, unemployment or welfare benefits, etc.
Does my income affect whether I can have an HSA?
There are no income limits that affect HSA eligibility. However, if you do not file
a federal income tax return, you may not receive all the tax benefits HSAs offer.
Can I start an HSA for my child?
No, you cannot establish separate accounts for your dependent children, including
children who can legally be claimed as a dependent on your tax return.
I’m a single parent with HDHP coverage but have child/relative that can be claimed
as a dependent for tax purposes, and this dependent also has non-HDHP coverage.
Am I still eligible for an HSA?
Yes, you are still eligible for an HSA. Your dependent’s non-HDHP coverage does
not affect your eligibility, even if they are covered by your HDHP.
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Contributing to
an HSA
How much can I contribute to my HSA each year?
For 2007 and forward, your maximum annual HSA contribution is based on the statutory
limit for your type of coverage. For 2007, if you have self-only HDHP coverage,
your contribution is $2,850; $5,650 if family HDHP, no matter what your HDHP deductible
is. Before 2006, the contribution could not exceed the deductible of your HDHP.
If you are age 55 or older, you can also make additional “catch-up” contributions
(see below).
I have a very high deductible, is there a limit on how much I can contribute?
The most you can put into your account for 2007 is $2,850 if you have single coverage
and $5,650. These amounts will be increased for inflation in future years.
Do my HSA contributions have to be made in equal amounts each month?
No, you can contribute in a lump sum or in any amounts or frequency you wish. However,
your account trustee/custodian (bank, credit union, insurer, etc.) can impose minimum
deposit and balance requirements.
Does my contribution depend on when I establish my HSA account or when my HDHP
coverage begins?
Your eligibility to contribute to an HSA is determined by the effective date of
your HDHP coverage. Your annual contribution depends your HDHP coverage. If you
are not covered on December 1, your contribution depends on the number of months
of HDHP coverage you have during the year (technically, the months where you have
HDHP coverage on the first day of the month). For 2007 and forward, if you are covered
on December 1, you are treated as an eligible individual for the entire year. However
– if you cease to be an eligible individual during 2008, the excess over the pro
rated contribution is included in income and subject to a 10 percent additional
tax. The amount you can contribute is not determined by the date you establish your
account. However, medical expenses incurred before the date your HSA is established
cannot be reimbursed from the account.
Can my employer contribute to my HSA?
Contributions to HSAs can be made by you, your employer, or both. All contributions
are aggregated to determine whether you have contributed the maximum allowed. If
your employer contributes some of the money, you can make up the difference.
Do my contributions provide any tax benefits?
Your personal contributions offer you an “above-the-line” deduction. An "above-the-line"
deduction allows you to reduce your taxable income by the amount you contribute
to your HSA. You do not have to itemize your deductions to benefit. Contributions
can also be made to your HSA by others (e.g., relatives). However, you receive the
benefit of the tax deduction.
If my employer contributes to my HSA, does that also provide me any tax benefit?
If your employer makes a contribution to your HSA, the contribution is not taxable
to you the employee (excluded from income).
Can I make contributions through my employer on a “pre-tax” basis?
If your employer offers a “salary reduction” plan (also known as a “Section 125
plan” or “cafeteria plan”), you (the employee) can make contributions to your HSA
on a pre-tax basis (i.e., before income taxes and FICA taxes). If you can do so,
you cannot also take the “above-the-line” deduction on your personal income taxes.
Can I claim both the “above-the-line” deduction for an HSA and the itemized deduction
for medical expenses?
You may be able to claim the medical expense deduction even if you contribute to
an HSA. However, you cannot include any contribution to the HSA or any distribution
from the HSA, including distributions taken for non-medical expenses, in the calculation
for claiming the itemized deduction for medical expenses.
I’m over 55 and would like to make catch-up contributions to my HSA, like I’ve
done with my IRA. Is that possible?
Yes, individuals 55 and older who are covered by an HDHP can make additional catch-up
contributions each year until they enroll in Medicare. The additional “catch-up”
contributions to HSA allowed are as follows:
2007 - $800
2008 - $900
2009 and after - $1,000
I turned 55 this year. Can I make the full “catch-up” contribution?
If you had HDHP coverage for the full year, you can make the full catch-up contribution
regardless of when your 55th birthday falls during the year. If you did not have
HDHP coverage for the full year, you must pro-rate your “catch-up” contribution
for the number of full months you were “eligible”, i.e., had HDHP coverage. However,
if you are covered on December 1, you are treated as an eligible individual for
the entire year and get the full contribution.
If both spouses are 55 and older, can both spouses make “catch-up” contributions?
Yes, if both spouses are eligible individuals and both spouses have established
an HSA in their name. If only one spouse has an HSA in their name, only that spouse
can make a “catch-up” contribution.
If each spouse has self-only HDHP coverage (neither spouse has family coverage),
how much can we contribute?
For 2007 and forward, each spouse is eligible to contribute to an HSA in their own
name, up to the statutory limit ($2,850 for 2007). (The catch up contributions are
in addition to these limits.)
If both spouses have family HDHP coverage but one spouse has other coverage, are
both spouses eligible for an HSA? How much can each spouse contribute?
The following examples describe how much can be contributed under varying circumstances.
Assume that neither spouse qualifies for “catch-up contributions”.
Example 1: Husband and wife have family HDHP coverage with a $5,000 deductible.
Husband has no other coverage. Wife also has self-only coverage with a $200 deductible.
Wife, who has coverage under a low-deductible plan, is not eligible and cannot contribute
to an HSA. Husband may contribute $5,650 to an HSA.
Example 2: Husband and wife have family HDHP coverage with a $5,000 deductible.
Husband has no other coverage. Wife also has self-only HDHP coverage with a $2,200
deductible. Both husband and wife are eligible individuals. Husband and wife are
treated as having only family coverage. The combined HSA contribution by husband
and wife cannot exceed $5,650, to be divided between them by agreement.
Example 3: Husband and wife have family HDHP coverage with a $5,000 deductible.
Husband has no other coverage. Wife also has family HDHP coverage with a $3,000
deductible. Both husband and wife are eligible individuals. The maximum combined
HSA contribution by husband and wife is $5,650, to be divided between them by agreement.
Example 4: Husband and wife have family HDHP coverage with a $5,000 deductible.
Husband has no other coverage. Wife also has family coverage with a $200 deductible.
Husband and wife are treated as having family coverage with the lowest annual deductible
($200). Neither husband nor wife is an eligible individual and neither may contribute
to an HSA.
Example 5: Husband and wife have family HDHP coverage with a $5,000 deductible.
Husband has no other coverage. Wife also is enrolled in Medicare. Wife is not an
eligible individual and cannot contribute to an HSA. Husband may contribute $5,650
to an HSA
Does tax filing status (joint vs. separate) affect my contribution?
Tax filing status does not affect your contribution.
I’m a single parent with HDHP coverage but have child/relative that can be claimed
as a dependent for tax purposes, and this dependent also has non-HDHP coverage.
Am I still eligible for an HSA?
Yes, you are still eligible for an HSA. Your dependent’s non-HDHP coverage does
not affect your eligibility, even if they are covered by your HDHP. You can contribute
up to the statutory limit ($5,650) to your HSA.
May a self-employed person contribute to an HSA on a pre-tax basis?
No. Self-employed persons may not contribute to an HSA on a pre-tax basis and may
not take the amount of their HSA contribution as a deduction for SECA purposes.
However, they may contribute to an HSA with after-tax dollars and take the above-the-line
deduction.
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Using
Your HSA
Does an HSA pay for the same things that regular
insurance pays for?
HSA funds can pay for any “qualified medical expense”, even if the expense is not
covered by your HDHP. For example, most health insurance does not cover the cost
of over-the-counter medicines, but HSAs can. If the money from the HSA is
used for qualified medical expenses, then the money spent is tax-free.
How do I know what is
included as “qualified medical expenses”?
Unfortunately, we cannot provide a definitive list of “qualified medical expenses”.
A partial list is provided in IRS Pub 502 (www.irs.gov). There have been thousands of cases involving the many nuances
of what constitutes "medical care" for purposes of section 213(d) of the
Internal Revenue Code. A determination of whether an expense is for "medical
care" is based on all the relevant facts and circumstances. To be an expense
for medical care, the expense has to be primarily for the prevention or alleviation
of a physical or mental defect or illness. The determination often hangs on the
word "primarily."
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Eligible Medical Expenses
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Abdominal supports
Abortion
Acupuncture
Air conditioner (when necessary for relief from difficulty in breathing)
Alcoholism treatment
Ambulance
Anesthetist
Arch supports
Artificial limbs
Autoette (when used for relief of sickness/disability)
Birth control pills (by prescription)
Blood tests
Blood transfusions
Braces
Cardiographs
Chiropractor
Christian Science Practitioner
Contact Lenses
Contraceptive devices (by prescription)
Convalescent home (for medical treatment only)
Crutches
Dental treatment
Dental x-rays
Dentures
Dermatologist
Diagnostic fees
Diathermy
Drug addiction therapy
Drugs (by prescription)
Elastic hosiery (by prescription)
Eyeglasses (by prescription)
Fees paid to health institute prescribed by a doctor
FICA and FUTA taxes paid for medical services
Fluoridation unit
Guide dog
Gum treatment
Gynecologist
Healing services
Hearing aids and batteries
Hospital bills
Hydrotherapy
Insulin treatment
Lab tests
Lead paint removal
Legal fees
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Lodging (away from home for outpatient
care)
Long term care insurance premiums
Medicare Parts A & B after age 65
Metabolism tests
Neurologist
Nursing (including board and meals)
Obstetrician
Operating room costs
Ophthalmologist
Optician
Optometrist
Oral surgery
Organ transplant (including donor's expenses)
Orthopedic shoes
Orthopedist
Osteopath
Oxygen and oxygen equipment
Pediatrician
Physician
Physiotherapist
Podiatrist
Postnatal treatments
Practical nurse for medical services
Prenatal care
Prescription medicines
Psychiatrist
Psychoanalyst
Psychologist
Psychotherapy
Radium therapy
Registered nurse
Special school costs for the handicapped
Spinal fluid test
Splints
Sterilization
Surgeon
Telephone or TV equipment to assist the hard-of-hearing
Therapy equipment
Transportation expenses (relative to health care)
Ultra-violet ray treatment
Vaccines
Vasectomy
Vitamins (by prescription)
Wheelchair
X-rays
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Who decides whether the money I’m spending
from my HSA is for a “qualified medical expense?”
You are responsible for that decision, and therefore should familiarize yourself
with what qualified medical expenses are (as partially defined in IRS Publication
502) and also keep your receipts in case you need to defend your expenditures or
decisions during an audit.
What happens if I don’t use the money in the
HSA for medical expenses?
If the money is used for other than qualified medical expenses, the expenditure
will be taxed and, for individuals who are not disabled or over age 65, subject
to a 10% tax penalty.
Are dental and vision care qualified medical
expenses under a Health Savings Account?
Yes, as long as these are deductible under the current rules. For example, cosmetic
procedures, like cosmetic dentistry, would not be considered qualified medical expenses.
Can I use the money in my HSA to pay for medical
care for a family member?
Yes, you may withdraw funds to pay for the qualified medical expenses of yourself,
your spouse or a dependent without tax penalty. This is one of the great advantages
of HSAs.
Can I use my HSA to pay for medical services
provided in other countries?
Yes.
Can I pay my health insurance premiums with
an HSA?
You can only use your HSA to pay health insurance premiums if you are collecting
Federal or State unemployment benefits, or you have COBRA continuation coverage
through a former employer.
Can I purchase long-term care insurance with
money from my HSA?
Yes, if you have tax-qualified long-term care insurance. However, the amount
considered a qualified medical expense depends on your age. See IRS Publication
502 for the amounts deductable by age.
I have an HSA but no longer have HDHP coverage.
Can I still use the money that is already in the HSA for medical expenses tax-free?
Once funds are deposited into the HSA, the account can be used to pay for qualified
medical expenses tax-free, even if you no longer have HDHP coverage. The funds
in your account roll over automatically each year and remain indefinitely until
used. There is no time limit on using the funds.
What happens to the money in my HSA if I lose
my HDHP coverage?
Funds deposited into your HSA remain in your account and automatically roll over
from one year to the next. You may continue to use the HSA funds for qualified
medical expenses. You are no longer eligible to contribute to an HSA for months
that you are not an eligible individual because you are not covered by an HDHP.
If you have coverage by an HDHP for less than a year, the annual maximum contribution
is reduced; if you made a contribution to your HSA for the year based on a full
year’s coverage by the HDHP, you will need to withdraw some of the contribution
to avoid the tax on excess HSA contributions. If you regain HDHP coverage
at a later date, you can begin making contributions to your HSA again.
Do unused funds in a Health Savings Account
roll over year after year?
Yes, the unused balance in a Health Savings Account automatically rolls over year
after year. You won’t lose your money if you don’t spend it within the year.
What happens to the money in a Health Savings
Account after you turn age 65?
You can continue to use your account tax-free for out-of-pocket health expenses.
When you enroll in Medicare, you can use your account to pay Medicare premiums,
deductibles, copays, and coinsurance under any part of Medicare. If you have
retiree health benefits through your former employer, you can also use your account
to pay for your share of retiree medical insurance premiums. The one expense
you cannot use your account for is to purchase a Medicare supplemental insurance
or “Medigap” policy.
Once you turn age 65, you can also use your account to
pay for things other than medical expenses. If used for other expenses, the
amount withdrawn will be taxable as income but will not be subject to any other
penalties. Individuals under age 65 who use their accounts for non-medical
expenses must pay income tax and a 10% penalty on the amount withdrawn.
Can I use my HSA to pay for medical expenses
incurred before I set up my account?
No. You cannot reimburse qualified medical expenses incurred before your account
is established. We recommend you establish your account as soon as possible.
Who will be the “bookkeeper” for my HSA?
It is your responsibility to keep track of your deposits and expenditures and keep
all of your receipts. If you run out of HSA funds (and therefore need to use your
HDHP), you may need to send those receipts to your insurer.
How do I use my HSA to pay my physician when
I’m at the physician’s office?
If you are still covered by your HDHP and have not met your policy deductible, you
will be responsible for 100% of the amount agreed to be paid by your insurance policy
to the physician. Your physician may ask you to pay for the services provided
before you leave the office. If your HSA custodian has provided you with a
checkbook or debit card, you can pay your physician directly from the account.
If the custodian does not offer these features, you can pay the physician with your
own money and reimburse yourself for the expense from the account after your visit.
If your physician does
not ask for payment at the time of service, the physician will probably submit a
claim to your insurance company, and the insurance company will apply any discounts
based on their contract with the physician. You should then receive an "Explanation
of Benefits" from your insurance plan stating how much the negotiated payment
amount is, and that you are responsible for 100% of this negotiated amount.
If you have not already made any payment to the physician for the services provided,
the physician may then send you a bill for payment.
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Establishing Your HSA
What do I have to do to “establish” my account?
Your account trustee/custodian will determine what you need to do, which may include
completing and processing appropriate paperwork, and making a minimum deposit.
Who can help me establish my account?
Insured banks and credit unions are automatically qualified to handle HSAs. Any
bank, credit union or any other entity that currently meets the IRS standards for
being a trustee or custodian for an IRA or Archer Medical Savings Account (MSA)
can be an HSA trustee or custodian. The law also allows insurance companies to be
HSA trustees or custodians.
My bank/credit union doesn’t offer HSAs, can
I be my own trustee or custodian?
No, you must establish your HSA with an approved institution.
What is the difference between an HSA “custodian”
and an HSA “trustee”?
The differences between a “custodian” and a “trustee” are minor. A trust is a legal
entity under which assets are actually owned and held on behalf of a beneficiary.
The trustee has some level of discretionary fiduciary authority over the assets
of the fund. The trustee must exercise that authority in the best interests of the
beneficiary. A custodial arrangement, on the other hand, is like a trust, but the
custodian simply holds the assets on behalf of the owner of the assets. Other than
holding the assets and doing as the owner orders, the custodian has no fiduciary
obligations to the owner. The determination of what constitutes a trust or custodial
arrangement is a determination made under state law.
Can couples establish a “joint” account and
both make contributions to the account, including “catch-up” contributions?
“ Joint” HSA accounts are not permitted. Each spouse should consider establishing
an account in their own name. This allows you to both make catch-up contributions
when each spouse is 55 or older.
Must couples open separate accounts?
If both husband and wife are eligible to contribute to an HSA, they are both eligible
to establish separate HSAs. However, if both spouses want to make “catch-up” contributions
when they are age 55+, they must establish separate accounts.
How soon can I open my account?
Your account can be established as early as the effective date of your HDHP coverage.
However, if your coverage begins on any day other than the first day of the month,
you cannot establish your account until the first day of the following month.
I want to make sure my HSA is “established”
as soon as possible. Can I establish my account before my HDHP coverage begins?
You can complete all the paperwork and make a minimum deposit to your account prior
to the effective date of your HDHP coverage. However, your account is not officially
“established” until your HDHP coverage begins. But completing the necessary steps
before your coverage begins ensures that your HSA will be “established” as early
as possible. This is especially important when your HDHP coverage is effective on
a non-business day.
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Managing Your HSA
Who has control over the money invested in
a Health Savings Account?
The account holder controls all decisions over how the money is invested. You can
also choose not to invest your funds.
Can the funds in an HSA be invested?
Yes, you can invest the funds in your HSA. The same types of investments permitted
for IRAs are allowed for HSAs, including stocks, bonds, mutual funds, and certificates
of deposit.
Will my bank notify me if I’ve exceeded my
allowable contribution amount?
No, it is your sole responsibility to keep track of the amounts deposited and spent
from your account, just like a normal savings or checking account.
Can I borrow against the money in my HSA?
No. You may not borrow against it or pledge the funds in it. For more information
on prohibited activities, see Section 4975 of the Internal Revenue Code.
Can I roll the money in a Health Savings Account
over into an IRA?
You cannot roll the HSA funds over into an IRA. They will stay in the HSA or be
rolled into another HSA.
Can I roll over an IRA, 401(k) or other retirement
plan into an HSA?
An individual
can now make a one-time, irrevocable transfer from an IRA to an HSA. The transfer
does count against the annual contribution maximum and requires the individual to
be in an HSA-eligible HDHP for a period of 12 months after this transfer is complete.
Can I roll funds in my Archer MSA into my HSA?
Yes, if you do so within 60 days of withdrawing the funds from the Archer MSA.
What happens to the money in my HSA when I die?
What happens depends on how the HSA is designed. If your spouse is designated
as the beneficiary by you, your spouse becomes the owner of the HSA when you die.
If you provide that it goes to your estate or other entity, the value of the HSA
at death is income to the estate or other entity.
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Employer Participation in HSAs
As an employer, do I own my employees’ HSAs?
Can I control how they spend the money in them?
No, you do not own your employees’ HSAs. The employee fully owns the contributions
to the account as soon as they are deposited, just as with a personal checking or
savings account to which you would deposit their compensation.
My employees want to contribute to their HSAs
but want to make sure they get a tax benefit out of doing so. How does that work?
Employee contributions can be made to HSAs on either after-tax or pre-tax basis.
If made on an after-tax basis they should be counted as an above-the-line deduction
on their tax return, effectively making their contributions tax-free. If they want
to make the contribution pre-tax it can be done through a Section 125 (also called
a “salary reduction” or “cafeteria plan”).
How much do I have to contribute to my employees’
HSA, as an employer?
As much or as little as you want (while staying below the legal limit on annual
contributions to the account).
Do HSA contributions have to be made in equal
amounts each month?
No, you can contribute in a lump sum or in any amounts or frequency you wish. However,
keep in mind that the funds belong to the employee after they are deposited.
As an employer, do I have to contribute the
same amount to every employee’s HSA?
Employer contributions must be “comparable”, that is they must be in the same
dollar amount or same percentage of the employee’s deductible for all employees
in the same “class”. You can vary the level of contributions for “full-time” vs.
“part-time” employees, and employees with “self-only” coverage vs. “family coverage”.
You do not need to consider employees who do not have HDHP coverage as they are
not eligible for HSA contributions.
Our company offers benefits through a Section
125 plan, do contributions have to be comparable under these plans as well?
Section 125 plans (also known as “salary reduction” or “cafeteria” plans) must meet
a different set of rules. Under these plans, contributions (both from employer and/or
employee) must meet “non-discrimination” rules. These rules require the employer
to ensure that contributions do not favor higher compensated employees.
Our company wants to offer “matching” contributions,
can we do that?
Yes, but your company can only offer “matching” contributions through a Section
125 plan. Remember that the non-discrimination rules still apply.
I don’t offer health insurance, but some of
my employees have opened HSAs and I’d like to help them out, what can I do?
Your company can make pre-tax contributions to your employees’ HSAs as long as you
do so for all eligible employees. However, the comparability rules apply. If you
have a Section 125 plan, then the non-discrimination rules apply.
How are contributions treated for owners and
shareholders of S corps?
Owners and officers with greater than 2% share of a Subchapter S corporation cannot
make pre-tax contributions to their HSAs through the company by salary reduction.
In addition, any contributions made to their HSAs by the corporation are taxable
as income. However, they can make their own personal contributions to their HSAs
and take the "above-the-line" deduction on their personal income taxes.
How are contributions treated for partners
in a partnership or limited liability company (LLC)?
Partners in a partnership or LLC cannot make pre-tax contributions to their HSAs
through the partnership by salary reduction. However, they can make their own personal
contributions to their HSAs and take the "above-the-line" deduction on
their personal income taxes.
May a self-employed person contribute to an HSA on a pre-tax basis?
No. Self-employed persons may not contribute to an HSA on a pre-tax basis and may
not take the amount of their HSA contribution as a deduction for SECA purposes.
However, they may contribute to an HSA with after-tax dollars and take the above-the-line
deduction.
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