Can my employer take my HSA money?
Employees typically pay for qualified expenses with a debit card issued by the bank or financial institution that hosts the HSA. An individual or an employer can open an HSA, but the individual always owns the account, meaning HSA funds stay with the employee even after they leave their workplace.
Key takeaways
Your HSA is yours even if you leave the employer sponsoring your plan. When changing jobs, you can consolidate your old HSA into a new HSA offered by your next employer, keep your old HSA, or roll over to a new HSA under a different financial services firm.
Generally, contributions made by an employer to the health savings account (HSA) of an eligible employee are excludable from an employee's income and are not subject to federal income tax, Social Security or Medicare taxes. In addition, employer contributions are deductible as a business expense to the company.
The rule of thumb is that the employer must make the HSA deposit as of the earliest date on which such contributions can reasonably be segregated from the employer's general assets, and in no event later than 90 days after the amount is withheld in payroll.
Yes, you can cash out your HSA at any time. However, any funds withdrawn for costs other than qualified medical expenses will result in the IRS imposing a 20% tax penalty. If you leave your job, you don't have to cash out your HSA.
No, employer contributions to the HSA account of an employee who has terminated employment are generally irretrievable.
6. Are excess contributions subject to a penalty? Yes. In general, an excise tax of 6% for each tax year is imposed on the HSA owner for any excess individual and employer contributions made to their account that are not removed within the same tax year.
"Weak earnings and investment limits: Interest rates on HSA accounts may be low and some trustees charge a monthly fee if your balance drops below a certain threshold. Minimum balance requirements may apply before you can invest; investment options may be limited and investments are not insured."
The Testing Period
Anyone who makes use of the “last month” rule to maximize their HSA contributions is required to remain an “eligible individual” for the next twelve months, referred to by the IRS as the "testing period."
However, total withdrawals from your HSA are reported to the IRS on Form 1099-SA. You are responsible for reporting qualified and non-qualified withdrawals when completing your taxes. You are also responsible for saving all receipts as verification of expenses in the case of an IRS audit.
Can you contribute to HSA outside of payroll?
HSA contributions can be made outside of payroll and deducted on Form 8889. Employees should be careful to not contribute more than the Internal Revenue Code limit.
According to the 2022 Year-End Devenir HSA Research Report, 26% of HSA dollars contributed to an account came from an employer. The average contribution was around $869 to HSAs for individual employees. Employee contributions made up 63% of all HSA dollars contributed to an account. The average contribution was $2,147.
Online Transfers – On HSA Bank's member website, you can reimburse yourself for out-of-pocket expenses by making a one-time or reoccurring online transfer from your HSA to your personal checking or savings account. Online Bill Pay – Use this feature to pay medical providers directly from your HSA.
You can submit a withdrawal request form to receive funds (cash) from your HSA. If the cash is used to pay for ineligible purchases, it must be reported when you're filing your taxes. Once it's reported, it's subject to an income tax and treated as though it had never been in your tax-free HSA.
There are no tax penalties to close your HSA.
If your funds are used for non-eligible expenditures, you may be subjected to income tax plus a 20% IRS penalty. However, that doesn't mean you should neglect your HSA. After age 65, you are allowed to withdraw from your account penalty-free for non-eligible expenses, as long as you report it as income on your taxes.
If you overfunded or weren't eligible to contribute to your HSA in 2023, you'll need to withdraw the excess amount by April 15, 2024 to avoid a penalty (October 15 if you filed an extension).
Although it makes sense to keep saving and investing in your HSA to pay for future medical bills, you can always liquidate your invested assets in your HSA if you need to, but the right cash target should allow you to avoid this.
The short answer: As much as you're able to (within IRS contribution limits), if that's financially viable. If you're covered by an HSA-eligible health plan (or high-deductible health plan), the IRS allows you to put as much as $3,850 per year (in 2023) into your health savings account (HSA).
One of the great advantages of an HSA is that you're not required to take money out of it by any given date, such as the end of the year — you can save and may even be able to invest your balance until you need it.
What is the HSA reimbursem*nt loophole?
Keep in mind that you can reimburse yourself for any expense at any point, as long as it was incurred after your HSA was established. So if you had an expense that you paid out-of-pocket last year after your HSA was established, but want to reimburse yourself for it this year, you can do so without penalty.
In general, over-the-counter vitamins and dietary supplements are not eligible for reimbursem*nt through an HSA unless they meet specific criteria. For a vitamin or supplement to be considered eligible, it must be prescribed by a healthcare provider to treat a diagnosed medical condition.
If you are retiring at the age of 65 ½ or older, to avoid potential tax issues, you want to STOP YOUR HSA CONTRIBUTIONS so that you have 6 months of NO contributions before you FILE FOR MEDICARE.
When using an HSA debit card, retain receipts for each transaction as those expenses will be reported to the IRS, and you could be audited.
Financial organizations are not responsible to monitor if HSA owners use their HSA for qualified medical expenses or not; HSA owners are responsible for tracking and maintaining proof of this. Remember, too, that an HSA owner is entitled to reimburse herself for medical expenses she paid out-of-pocket.
References
- https://www.hsacentral.net/consumers/tax-benefits-health-savings-account/
- https://www.benefitresource.com/faq/hsa-withdrawals-monitored/
- https://datapathadmin.com/nutritional-needs-eligible-expenses/
- https://www.healthcare.gov/glossary/health-savings-account-hsa
- https://healthaccounts.bankofamerica.com/hsa-in-retirement-and-medicare-faqs.shtml
- https://americanfidelity.com/blog/reimburse/hsas-who-can-participate/
- https://hsastore.com/articles/learn-hsa-new-health-insurance.html
- https://www.journalofaccountancy.com/news/2023/jan/9-facts-hsa-that-might-surprise-your-clients.html
- https://www.cms.gov/marketplace/outreach-and-education/health-savings-account.pdf
- https://www.thecrawligator.com/blogs/news/hsa_and_fsa_eligible_baby_products
- https://healthaccounts.bankofamerica.com/how-much-do-i-put-in-hsa.shtml
- https://wexbenefitskb.egain.cloud/system/templates/selfservice/dbinv/help/customer/locale/en-US/portal/308900000001012/content/PROD-4381/Understanding-WEX-benefits-card-auto-approval
- https://www.wexinc.com/products/benefits/health-savings-account-hsa/
- https://www.schwab.com/learn/story/is-hsa-good-deal
- https://www.tpscbenefits.com/docs/Wex-Health-Benefits-Card.pdf
- https://www.babylist.com/hello-baby/hsa-fsa-baby-products
- https://www.fool.com/retirement/2023/12/17/heres-why-you-should-fund-an-hsa-before-a-traditio/
- https://hsastore.com/articles/learn-hsa-reimbursem*nt-facts.html
- https://www.wexinc.com/wp-content/uploads/2021/01/HSAs_from_WEX_101_For_Employers_.pdf
- https://hr.psu.edu/retiree/benefits/stopping-hsa-contributions
- https://www.peoplekeep.com/blog/health-savings-accounts-hsas-10-faqs
- https://hsastore.com/articles/learn-hsa-reimbursement-facts.html
- https://hr.iu.edu/benefits/medical-plans/faq/hsa/excess.html
- https://benefitssupport.tn.gov/hc/en-us/articles/360061773134-Is-there-a-maximum-amount-that-I-can-spend-on-my-HSA-debit-card
- https://case.edu/hr/benefits/health/health-savings/hsa-contributions
- https://ttlc.intuit.com/turbotax-support/en-us/help-article/medical-tax-credits-deductions/showing-excess-hsa-contribution-2021/L9Kd0rEKr_US_en_US
- https://employer-help.knowledgeowl.com/help/hsa-employer-faq
- https://www.drcomfort.com/fsa-hsa
- https://www.healthinsurance.org/other-coverage/top-10-reasons-to-use-health-savings-accounts/
- https://www.wexinc.com/wp-content/uploads/2021/04/WEX_BenefitsCard_SS_pdf_.pdf
- https://ttlc.intuit.com/community/tax-credits-deductions/discussion/my-hsa-has-a-0-06-balance-but-turbotax-is-telling-me-that-i-need-to-withdraw-1002-before-july-to/00/1466366
- https://www.associatedbank.com/personal/health-savings-and-benefits/hsa/hsa-debit-card
- https://www.forbes.com/sites/stevevernon/2023/11/29/how-much-should-i-contribute-to-my-hsa/
- https://www.businessinsider.com/how-millionaire-uses-health-savings-account-has-to-build-wealth-2023-7
- https://www.irs.gov/publications/p969
- https://onedegreeadvisors.com/2022/07/hsa-loophole-the-secret-way-to-use-your-hsa-2022-beyond/
- https://www.nerdwallet.com/article/taxes/fsa-hsa-taxes
- https://www.healthcare.gov/high-deductible-health-plan/hdhp-hsa-work-together/
- https://blog.healthequity.com/how-to-get-2022-tax-savings-by-contributing-to-your-hsa
- https://www.wexinc.com/products/benefits/benefits-card/
- https://www.benefitresource.com/blog/how-to-avoid-penalties-on-an-hsa-withdrawal/
- https://www.optum.com/health-articles/article/health-care-management/11-surprising-things-you-can-buy-hsa-or-fsa-dollars/
- https://advantageadmin.com/paying-for-out-of-pocket-medical-expenses-while-maximizing-your-hsa/
- https://smartasset.com/insurance/hsa-withdrawal-rules
- https://www.fidelity.com/go/hsa/transfer
- https://smartasset.com/retirement/hsa-vs-401k-2
- https://www.basiconline.com/blog/reasons-for-debit-card-declines-at-the-merchant-point-of-sale/
- https://www.fidelity.com/learning-center/smart-money/what-happens-to-your-hsa-when-you-leave-a-job
- https://thelink.ascensus.com/articles/2018/3/12/be-ready-with-answers-to-these-thorny-hsa-distribution-questions
- https://www.nasdaq.com/articles/this-was-the-average-hsa-balance-at-the-end-of-2023
- https://www.nbcnews.com/select/shopping/fsa-eligible-products-ncna1260042
- https://hsaforamerica.com/blog/hsa-for-transportation-expenses/
- https://www.healthcare.gov/glossary/health-savings-account-hsa/
- https://www.fool.com/retirement/plans/hsa/investing/
- https://www.metlife.com/stories/benefits/hsa-for-dental/
- https://employee-resources.lumity.com/help/hsa-receipt-documentation
- https://www.hrmorning.com/articles/hsa-requirements-receipts-recordkeeping/
- https://www.metlife.com/stories/benefits/does-hsa-roll-over/
- https://hsabank.com/Members/Members-FAQs
- https://www.newfront.com/blog/correcting-missed-hsa-contributions
- https://dpath.com/hsa-excess-contributions/
- https://www.cityofmesquite.com/DocumentCenter/View/6397/HSA-Bank---How-to-Use-your-HSA
- https://www.wexinc.com/resources/blog/how-much-should-you-be-contributing-to-your-hsa/
- https://www.metlife.com/stories/benefits/hsa-qualified-expenses/
- https://hsastore.com/hsa-eligibility-list/t/toiletries
- https://www.wexcard.com/accepting-locations/
- https://www.bankerstrust.com/health-savings-account-agreement/
- https://www.bankrate.com/retirement/roth-ira-vs-roth-401k-how-they-differ/
- https://www.mountainriverfinancial.com/are-you-saving-in-the-right-retirement-accounts/
- https://healthaccounts.bankofamerica.com/should-i-spend-or-save-my-hsa.shtml
- https://www.trinet.com/insights/what-is-an-hsa
- https://www2.healthequity.com/learn/hsa/hsamemberguide/what-if
- https://www.cnbc.com/2023/11/10/most-people-are-short-changing-themselves-with-health-savings-accounts-hsa.html
- https://www.michigan.gov/mdcs/employeebenefits/flex-spending/fs-home/faqs/faqcy2022/cy2022hsa-faqs/can-i-withdraw-the-funds-from-my-hsa-at-any-time
- https://healthequity.com/doclib/floridablue/hsa/hsa-member-welcome-kit.pdf
- https://www2.healthequity.com/learn/hsa/member-guide/save-now
- https://americanfidelity.com/support/hsa/hsa-faqs/tax-information/are-there-any-tax-penalties-if-i-close-my-hsa/
- https://www.uhone.com/health-and-wellness/health-insurance/5-things-you-can-t-use-your-fsa-or-hsa-to-pay-for
- https://www.ml.com/articles/health-savings-accounts-explained.html
- https://www.maricopa.gov/DocumentCenter/View/45204/Cigna-HSA-How-to-Access-Your-Funds
- https://www.marca.com/en/lifestyle/us-news/personal-finance/2023/07/09/64aa6ee6268e3e506c8b4577.html
- https://www.bay.k12.fl.us/uploads/how-to-use-your-hsa%2011-15-18.pdf
- https://livelyme.com/blog/last-month-rule
- https://www.glasses.com/gl-us/blog/vision-fsa-hsa-for-glasses
- https://ucnet.universityofcalifornia.edu/forms/pdf/depcare-fsa.pdf
- https://www.nbsbenefits.com/hsa-frequently-asked-questions/
- https://www2.healthequity.com/hsa/what-is-hsa
- https://hsastore.com/hsa-eligibility-list/t/tampons
- https://www.hsacentral.net/resource-center/articles/hsa-tax-documents-what-do-they-mean/
- https://hsastore.com/articles/learn-over-contribute-hsa.html
- https://www.nerdwallet.com/article/investing/ira-vs-401k-retirement-accounts
- https://www.benefithelpsolutions.com/members/resources/benefits-card
- https://benefits.usg.edu/assets/documents/benefits-resources/Investment_Options_USG_092121.pdf
- https://www.peba.sc.gov/sites/default/files/hsa_faq.pdf
- https://www.forbes.com/sites/kellyphillipserb/2024/01/24/is-your-fitbit-apple-vision-pro-or-other-tech-tool-fsa-and-hsa-eligible/
- https://www.fleetone.com/wp-content/uploads/2018/08/F1_CardControl_Guide.pdf
- https://www.myiuhealthplans.com/images/uploads/laporte/HSA_FAQ.pdf
- https://www.shrm.org/topics-tools/tools/hr-answers/employer-contributions-to-employees-health-savings-account-hsa-considered-taxable-income-to-employee
- https://www.metlife.com/stories/benefits/can-you-use-hsa-for-massage/
- https://www.fidelity.com/learning-center/personal-finance/cash-in-your-hsa
- https://www.linkedin.com/pulse/disadvantages-owning-health-savings-account-hardly-stuart
- https://hsastore.com/hsa-eligibility-list/f/fuel-gasoline-for-medical-care