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20131040ez

Pa 1040ezIrs Tax Forms For 2012Income Tax Form 1040ezFree Turbo Tax For Low IncomeFederal Tax BookletWww Freefilefillableforms ComWhere To Do State Taxes Free Online2012 Form 1040a1040ez Form 2012How To Fill Out 1040x ExampleCan I File 1040ez OnlineFederal Income Tax 1040ez OnlineE-file State Tax For FreeFiling State Tax Return OnlyTurbotax Military DiscountH & R Block Free EfileState Tax Online FilingTax Act Online Free1040ezMyfreetaxes.orgTurbotax 2009Form 1040nr-ezHow To File Late Taxes 2012Irs Gov Form 1040nrInformation About Tax Returns For StudentsIrs Gov Form1040xAmend 2011 TaxesFree State E FileFree Tax FilingIrs Tax Amendment1040ez 2010 Tax FormWhen Last Day File Taxes 20122013 Ez Tax Forms2012 Tax Return SoftwareState Taxes Online FreeIrs Amended Tax Return 2011Irs ExtensionForma 10402005 Tax Return Software FreeFile Free 2012 Tax Return

20131040ez

20131040ez Index A Additional Child Tax Credit How to claim the additional child tax credit, Additional Child Tax Credit Assistance (see Tax help) C Child Tax Credit Qualifying child, Child Tax Credit Claiming the Credit, Claiming the Credit E Earned Income, Earned Income F Free tax services, Free help with your tax return. 20131040ez H Help (see Tax help) L Limits on the Credit AGI, Limits on the Credit Modified AGI, Limits on the Credit P Publications (see Tax help) Q Qualifying Child Adopted child, Qualifying Child Exceptions to time lived with you, Qualifying Child Qualifying child of more than one person, Qualifying Child T Tax help, How To Get Tax Help TTY/TDD information, How To Get Tax Help Prev  Up     Home   More Online Publications
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Tax Relief for Victims of Hurricane Sandy in Connecticut

CT-2012-48, Nov. 7, 2012

NEW YORK — Victims of Hurricane Sandy that began on Oct. 27, 2012 in parts of Connecticut may qualify for tax relief from the Internal Revenue Service.

The President has declared Fairfield, Middlesex, New Haven and New London counties and the Mashantucket Pequot Tribal Nation and Mohegan Tribal Nation located within New London County a federal disaster area. Individuals who reside or have a business in these counties may qualify for tax relief.

The declaration permits the IRS to postpone certain deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after Oct. 27, and on or before Feb. 1, have been postponed to Feb. 1, 2013.  

In addition, the IRS is waiving the failure-to-deposit penalties for employment and excise tax deposits due on or after Oct. 27, and on or before Nov. 26, as long as the deposits are made by Nov. 26, 2012.

If an affected taxpayer receives a penalty notice from the IRS, the taxpayer should call the telephone number on the notice to have the IRS abate any interest and any late filing or late payment penalties that would otherwise apply. Penalties or interest will be abated only for taxpayers who have an original or extended filing, payment or deposit due date, including an extended filing or payment due date, that falls within the postponement period.

The IRS automatically identifies taxpayers located in the covered disaster area and applies automatic filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area need to call the IRS disaster hotline at 866-562-5227 to request this tax relief.

For a full description of the relief being provided by the IRS to the victims of Hurricane Sandy, visit IRS.gov.

Covered Disaster Area

The counties above constitute a covered disaster area for purposes of Treas. Reg. § 301.7508A-1(d)(2) and are entitled to the relief detailed below.

Affected Taxpayers

Taxpayers considered to be affected taxpayers eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts are those taxpayers listed in Treas. Reg. § 301.7508A-1(d)(1), and include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a deadline listed in Treas. Reg. § 301.7508A-1(c) are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Grant of Relief

Under section 7508A, the IRS gives affected taxpayers until Feb. 1 to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, and trust returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), or to make tax payments, including estimated tax payments, that have either an original or extended due date occurring on or after Oct. 27 and on or before Feb. 1.

The IRS also gives affected taxpayers until Feb. 1 to perform other time-sensitive actions described in Treas. Reg. § 301.7508A-1(c)(1) and Rev. Proc. 2007-56, 2007-34 I.R.B. 388 (Aug. 20, 2007), that are due to be performed on or after Oct. 27 and on or before Feb. 1.

This relief also includes the filing of Form 5500 series returns, in the manner described in section 8 of Rev. Proc. 2007-56. The relief described in section 17 of Rev. Proc. 2007-56, pertaining to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.

The postponement of time to file and pay does not apply to information returns in the W-2, 1098, 1099 series, or to Forms 1042-S or 8027. Penalties for failure to timely file information returns can be waived under existing procedures for reasonable cause. Likewise, the postponement does not apply to employment and excise tax deposits. The IRS, however, will abate penalties for failure to make timely employment and excise tax deposits due on or after Oct. 27 and on or before Nov. 26 provided the taxpayer makes these deposits by Nov. 26.

Casualty Losses

Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either this year or last year. Claiming the loss on an original or amended return for last year will get the taxpayer an earlier refund, but waiting to claim the loss on this year’s return could result in a greater tax saving, depending on other income factors.

Individuals may deduct personal property losses that are not covered by insurance or other reimbursements. For details, see Form 4684 and its instructions.

Affected taxpayers claiming the disaster loss on last year’s return should put the Disaster Designation “Connecticut/Hurricane Sandy” at the top of the form so that the IRS can expedite the processing of the refund.

Other Relief

The IRS will waive the usual fees and expedite requests for copies of previously filed tax returns for affected taxpayers. Taxpayers should put the assigned Disaster Designation in red ink at the top of Form 4506, Request for Copy of Tax Return, or Form 4506-T, Request for Transcript of Tax Return, as appropriate, and submit it to the IRS.

Affected taxpayers who are contacted by the IRS on a collection or examination matter should explain how the disaster impacts them so that the IRS can provide appropriate consideration to their case.

Taxpayers may download forms and publications from the official IRS website, irs.gov, or order them by calling 800-TAX-FORM (800-829-3676). The IRS toll-free number for general tax questions is 800-829-1040.

Related Information

Disaster Assistance and Emergency Relief for Individuals and Businesses

Recent IRS Disaster Relief Announcements

 

Page Last Reviewed or Updated: 04-Nov-2013

The 20131040ez

20131040ez Publication 969 - Main Content Table of Contents Health Savings Accounts (HSAs)Qualifying for an HSA Contributions to an HSA Distributions From an HSA Balance in an HSA Death of HSA Holder Filing Form 8889 Employer Participation Medical Savings Accounts (MSAs)Archer MSAs Contributions to an MSA Distributions From an MSA Balance in an Archer MSA Death of the Archer MSA Holder Filing Form 8853 Employer Participation Medicare Advantage MSAs Flexible Spending Arrangements (FSAs)Qualifying for an FSA Contributions to an FSA Distributions From an FSA Balance in an FSA Employer Participation Health Reimbursement Arrangements (HRAs)Qualifying for an HRA Contributions to an HRA Distributions From an HRA Balance in an HRA Employer Participation How To Get Tax HelpLow Income Taxpayer Clinics Health Savings Accounts (HSAs) A health savings account (HSA) is a tax-exempt trust or custodial account you set up with a qualified HSA trustee to pay or reimburse certain medical expenses you incur. 20131040ez You must be an eligible individual to qualify for an HSA. 20131040ez No permission or authorization from the IRS is necessary to establish an HSA. 20131040ez You set up an HSA with a trustee. 20131040ez A qualified HSA trustee can be a bank, an insurance company, or anyone already approved by the IRS to be a trustee of individual retirement arrangements (IRAs) or Archer MSAs. 20131040ez The HSA can be established through a trustee that is different from your health plan provider. 20131040ez Your employer may already have some information on HSA trustees in your area. 20131040ez If you have an Archer MSA, you can generally roll it over into an HSA tax free. 20131040ez See Rollovers, later. 20131040ez What are the benefits of an HSA?   You may enjoy several benefits from having an HSA. 20131040ez You can claim a tax deduction for contributions you, or someone other than your employer, make to your HSA even if you do not itemize your deductions on Form 1040. 20131040ez Contributions to your HSA made by your employer (including contributions made through a cafeteria plan) may be excluded from your gross income. 20131040ez The contributions remain in your account until you use them. 20131040ez The interest or other earnings on the assets in the account are tax free. 20131040ez Distributions may be tax free if you pay qualified medical expenses. 20131040ez See Qualified medical expenses , later. 20131040ez An HSA is “portable. 20131040ez ” It stays with you if you change employers or leave the work force. 20131040ez Qualifying for an HSA To be an eligible individual and qualify for an HSA, you must meet the following requirements. 20131040ez You must be covered under a high deductible health plan (HDHP), described later, on the first day of the month. 20131040ez You have no other health coverage except what is permitted under Other health coverage , later. 20131040ez You are not enrolled in Medicare. 20131040ez You cannot be claimed as a dependent on someone else's 2013 tax return. 20131040ez Under the last-month rule, you are considered to be an eligible individual for the entire year if you are an eligible individual on the first day of the last month of your tax year (December 1 for most taxpayers). 20131040ez If you meet these requirements, you are an eligible individual even if your spouse has non-HDHP family coverage, provided your spouse's coverage does not cover you. 20131040ez If another taxpayer is entitled to claim an exemption for you, you cannot claim a deduction for an HSA contribution. 20131040ez This is true even if the other person does not actually claim your exemption. 20131040ez Each spouse who is an eligible individual who wants an HSA must open a separate HSA. 20131040ez You cannot have a joint HSA. 20131040ez High deductible health plan (HDHP). 20131040ez   An HDHP has: A higher annual deductible than typical health plans, and A maximum limit on the sum of the annual deductible and out-of-pocket medical expenses that you must pay for covered expenses. 20131040ez Out-of-pocket expenses include copayments and other amounts, but do not include premiums. 20131040ez   An HDHP may provide preventive care benefits without a deductible or with a deductible less than the minimum annual deductible. 20131040ez Preventive care includes, but is not limited to, the following. 20131040ez Periodic health evaluations, including tests and diagnostic procedures ordered in connection with routine examinations, such as annual physicals. 20131040ez Routine prenatal and well-child care. 20131040ez Child and adult immunizations. 20131040ez Tobacco cessation programs. 20131040ez Obesity weight-loss programs. 20131040ez Screening services. 20131040ez This includes screening services for the following: Cancer. 20131040ez Heart and vascular diseases. 20131040ez Infectious diseases. 20131040ez Mental health conditions. 20131040ez Substance abuse. 20131040ez Metabolic, nutritional, and endocrine conditions. 20131040ez Musculoskeletal disorders. 20131040ez Obstetric and gynecological conditions. 20131040ez Pediatric conditions. 20131040ez Vision and hearing disorders. 20131040ez For more information on screening services, see Notice 2004-23, 2004-15 I. 20131040ez R. 20131040ez B. 20131040ez 725 available at www. 20131040ez irs. 20131040ez gov/irb/2004-15_IRB/ar10. 20131040ez html. 20131040ez     The following table shows the minimum annual deductible and maximum annual deductible and other out-of-pocket expenses for HDHPs for 2013. 20131040ez      Self-only coverage Family coverage Minimum annual deductible $1,250 $2,500 Maximum annual deductible and other out-of-pocket expenses* $6,250 $12,500 * This limit does not apply to deductibles and expenses for out-of-network services if the plan uses a network of providers. 20131040ez Instead, only deductibles and out-of-pocket expenses for services within the network should be used to figure whether the limit applies. 20131040ez    The following table shows the minimum annual deductible and maximum annual deductible and other out-of-pocket expenses for HDHPs for 2014. 20131040ez      Self-only coverage Family coverage Minimum annual deductible $1,250 $2,500 Maximum annual deductible and other out-of-pocket expenses* $6,350 $12,700 * This limit does not apply to deductibles and expenses for out-of-network services if the plan uses a network of providers. 20131040ez Instead, only deductibles and out-of-pocket expenses for services within the network should be used to figure whether the limit applies. 20131040ez   Self-only HDHP coverage is an HDHP covering only an eligible individual. 20131040ez Family HDHP coverage is an HDHP covering an eligible individual and at least one other individual (whether or not that individual is an eligible individual). 20131040ez Example. 20131040ez An eligible individual and his dependent child are covered under an “employee plus one” HDHP offered by the individual's employer. 20131040ez This is family HDHP coverage. 20131040ez Family plans that do not meet the high deductible rules. 20131040ez   There are some family plans that have deductibles for both the family as a whole and for individual family members. 20131040ez Under these plans, if you meet the individual deductible for one family member, you do not have to meet the higher annual deductible amount for the family. 20131040ez If either the deductible for the family as a whole or the deductible for an individual family member is less than the minimum annual deductible for family coverage, the plan does not qualify as an HDHP. 20131040ez Example. 20131040ez You have family health insurance coverage in 2013. 20131040ez The annual deductible for the family plan is $3,500. 20131040ez This plan also has an individual deductible of $1,500 for each family member. 20131040ez The plan does not qualify as an HDHP because the deductible for an individual family member is less than the minimum annual deductible ($2,500) for family coverage. 20131040ez Other health coverage. 20131040ez   You (and your spouse, if you have family coverage) generally cannot have any other health coverage that is not an HDHP. 20131040ez However, you can still be an eligible individual even if your spouse has non-HDHP coverage provided you are not covered by that plan. 20131040ez    You can have additional insurance that provides benefits only for the following items. 20131040ez Liabilities incurred under workers' compensation laws, tort liabilities, or liabilities related to ownership or use of property. 20131040ez A specific disease or illness. 20131040ez A fixed amount per day (or other period) of hospitalization. 20131040ez   You can also have coverage (whether provided through insurance or otherwise) for the following items. 20131040ez Accidents. 20131040ez Disability. 20131040ez Dental care. 20131040ez Vision care. 20131040ez Long-term care. 20131040ez    Plans in which substantially all of the coverage is through the items listed earlier are not HDHPs. 20131040ez For example, if your plan provides coverage substantially all of which is for a specific disease or illness, the plan is not an HDHP for purposes of establishing an HSA. 20131040ez Prescription drug plans. 20131040ez   You can have a prescription drug plan, either as part of your HDHP or a separate plan (or rider), and qualify as an eligible individual if the plan does not provide benefits until the minimum annual deductible of the HDHP has been met. 20131040ez If you can receive benefits before that deductible is met, you are not an eligible individual. 20131040ez Other employee health plans. 20131040ez   An employee covered by an HDHP and a health FSA or an HRA that pays or reimburses qualified medical expenses generally cannot make contributions to an HSA. 20131040ez Health FSAs and HRAs are discussed later. 20131040ez   However, an employee can make contributions to an HSA while covered under an HDHP and one or more of the following arrangements. 20131040ez Limited-purpose health FSA or HRA. 20131040ez These arrangements can pay or reimburse the items listed earlier under Other health coverage except long-term care. 20131040ez Also, these arrangements can pay or reimburse preventive care expenses because they can be paid without having to satisfy the deductible. 20131040ez Suspended HRA. 20131040ez Before the beginning of an HRA coverage period, you can elect to suspend the HRA. 20131040ez The HRA does not pay or reimburse, at any time, the medical expenses incurred during the suspension period except preventive care and items listed under Other health coverage. 20131040ez When the suspension period ends, you are no longer eligible to make contributions to an HSA. 20131040ez Post-deductible health FSA or HRA. 20131040ez These arrangements do not pay or reimburse any medical expenses incurred before the minimum annual deductible amount is met. 20131040ez The deductible for these arrangements does not have to be the same as the deductible for the HDHP, but benefits may not be provided before the minimum annual deductible amount is met. 20131040ez Retirement HRA. 20131040ez This arrangement pays or reimburses only those medical expenses incurred after retirement. 20131040ez After retirement you are no longer eligible to make contributions to an HSA. 20131040ez Health FSA – grace period. 20131040ez   Coverage during a grace period by a general purpose health FSA is allowed if the balance in the health FSA at the end of its prior year plan is zero. 20131040ez See Flexible Spending Arrangements (FSAs) , later. 20131040ez Contributions to an HSA Any eligible individual can contribute to an HSA. 20131040ez For an employee's HSA, the employee, the employee's employer, or both may contribute to the employee's HSA in the same year. 20131040ez For an HSA established by a self-employed (or unemployed) individual, the individual can contribute. 20131040ez Family members or any other person may also make contributions on behalf of an eligible individual. 20131040ez Contributions to an HSA must be made in cash. 20131040ez Contributions of stock or property are not allowed. 20131040ez Limit on Contributions The amount you or any other person can contribute to your HSA depends on the type of HDHP coverage you have, your age, the date you become an eligible individual, and the date you cease to be an eligible individual. 20131040ez For 2013, if you have self-only HDHP coverage, you can contribute up to $3,250. 20131040ez If you have family HDHP coverage, you can contribute up to $6,450. 20131040ez For 2014, if you have self-only HDHP coverage, you can contribute up to $3,300. 20131040ez If you have family HDHP coverage you can contribute up to $6,550. 20131040ez If you were, or were considered (under the last-month rule, discussed later), an eligible individual for the entire year and did not change your type of coverage, you can contribute the full amount based on your type of coverage. 20131040ez However, if you were not an eligible individual for the entire year or changed your coverage during the year, your contribution limit is the greater of: The limitation shown on the Line 3 Limitation Chart and Worksheetin the Instructions for Form 8889, Health Savings Accounts (HSAs), or The maximum annual HSA contribution based on your HDHP coverage (self-only or family) on the first day of the last month of your tax year. 20131040ez If you had family HDHP coverage on the first day of the last month of your tax year, your contribution limit for 2013 is $6,450 even if you changed coverage during the year. 20131040ez Last-month rule. 20131040ez   Under the last-month rule, if you are an eligible individual on the first day of the last month of your tax year (December 1 for most taxpayers), you are considered an eligible individual for the entire year. 20131040ez You are treated as having the same HDHP coverage for the entire year as you had on the first day of the last month. 20131040ez Testing period. 20131040ez   If contributions were made to your HSA based on you being an eligible individual for the entire year under the last-month rule, you must remain an eligible individual during the testing period. 20131040ez For the last-month rule, the testing period begins with the last month of your tax year and ends on the last day of the 12th month following that month. 20131040ez For example, December 1, 2013, through December 31, 2014. 20131040ez   If you fail to remain an eligible individual during the testing period, other than because of death or becoming disabled, you will have to include in income the total contributions made to your HSA that would not have been made except for the last-month rule. 20131040ez You include this amount in your income in the year in which you fail to be an eligible individual. 20131040ez This amount is also subject to a 10% additional tax. 20131040ez The income and additional tax are shown on Form 8889, Part III. 20131040ez Example 1. 20131040ez Chris, age 53, becomes an eligible individual on December 1, 2013. 20131040ez He has family HDHP coverage on that date. 20131040ez Under the last-month rule, he contributes $6,450 to his HSA. 20131040ez Chris fails to be an eligible individual in June 2014. 20131040ez Because Chris did not remain an eligible individual during the testing period (December 1, 2013, through December 31, 2014), he must include in his 2014 income the contributions made in 2013 that would not have been made except for the last-month rule. 20131040ez Chris uses the worksheet in the Form 8889 instructions to determine this amount. 20131040ez January -0- February -0- March -0- April -0- May -0- June -0- July -0- August -0- September -0- October -0- November -0- December $6,450. 20131040ez 00 Total for all months $6,450. 20131040ez 00 Limitation. 20131040ez Divide the total by 12 $537. 20131040ez 50 Chris would include $5,912. 20131040ez 50 ($6,450. 20131040ez 00 – $537. 20131040ez 50) in his gross income on his 2014 tax return. 20131040ez Also, a 10% additional tax applies to this amount. 20131040ez Example 2. 20131040ez Erika, age 39, has self-only HDHP coverage on January 1, 2013. 20131040ez Erika changes to family HDHP coverage on November 1, 2013. 20131040ez Because Erika has family HDHP coverage on December 1, 2013, she contributes $6,450 for 2013. 20131040ez Erika fails to be an eligible individual in March 2014. 20131040ez Because she did not remain an eligible individual during the testing period (December 1, 2013, through December 31, 2014), she must include in income the contribution made that would not have been made except for the last-month rule. 20131040ez Erika uses the worksheet in the Form 8889 instructions to determine this amount. 20131040ez January $3,250. 20131040ez 00 February $3,250. 20131040ez 00 March $3,250. 20131040ez 00 April $3,250. 20131040ez 00 May $3,250. 20131040ez 00 June $3,250. 20131040ez 00 July $3,250. 20131040ez 00 August $3,250. 20131040ez 00 September $3,250. 20131040ez 00 October $3,250. 20131040ez 00 November $6,450. 20131040ez 00 December $6,450. 20131040ez 00 Total for all months $45,400. 20131040ez 00 Limitation. 20131040ez Divide the total by 12 $3,783. 20131040ez 34 Erika would include $2,666. 20131040ez 67 ($6,450 – $3,783. 20131040ez 34) in her gross income on her 2014 tax return. 20131040ez Also, a 10% additional tax applies to this amount. 20131040ez Additional contribution. 20131040ez   If you are an eligible individual who is age 55 or older at the end of your tax year, your contribution limit is increased by $1,000. 20131040ez For example, if you have self-only coverage, you can contribute up to $4,250 (the contribution limit for self-only coverage ($3,250) plus the additional contribution of $1,000). 20131040ez However, see Enrolled in Medicare , later. 20131040ez If you have more than one HSA in 2013, your total contributions to all the HSAs cannot be more than the limits discussed earlier. 20131040ez Reduction of contribution limit. 20131040ez   You must reduce the amount that can be contributed (including any additional contribution) to your HSA by the amount of any contribution made to your Archer MSA (including employer contributions) for the year. 20131040ez A special rule applies to married people, discussed next, if each spouse has family coverage under an HDHP. 20131040ez Rules for married people. 20131040ez   If either spouse has family HDHP coverage, both spouses are treated as having family HDHP coverage. 20131040ez If each spouse has family coverage under a separate plan, the contribution limit for 2013 is $6,450. 20131040ez You must reduce the limit on contributions, before taking into account any additional contributions, by the amount contributed to both spouses' Archer MSAs. 20131040ez After that reduction, the contribution limit is split equally between the spouses unless you agree on a different division. 20131040ez The rules for married people apply only if both spouses are eligible individuals. 20131040ez If both spouses are 55 or older and not enrolled in Medicare, each spouse's contribution limit is increased by the additional contribution. 20131040ez If both spouses meet the age requirement, the total contributions under family coverage cannot be more than $8,450. 20131040ez Each spouse must make the additional contribution to his or her own HSA. 20131040ez Example. 20131040ez For 2013, Mr. 20131040ez Auburn and his wife are both eligible individuals. 20131040ez They each have family coverage under separate HDHPs. 20131040ez Mr. 20131040ez Auburn is 58 years old and Mrs. 20131040ez Auburn is 53. 20131040ez Mr. 20131040ez and Mrs. 20131040ez Auburn can split the family contribution limit ($6,450) equally or they can agree on a different division. 20131040ez If they split it equally, Mr. 20131040ez Auburn can contribute $4,225 to an HSA (one-half the maximum contribution for family coverage ($3,225) + $1,000 additional contribution) and Mrs. 20131040ez Auburn can contribute $3,225 to an HSA. 20131040ez Employer contributions. 20131040ez   You must reduce the amount you, or any other person, can contribute to your HSA by the amount of any contributions made by your employer that are excludable from your income. 20131040ez This includes amounts contributed to your account by your employer through a cafeteria plan. 20131040ez Enrolled in Medicare. 20131040ez   Beginning with the first month you are enrolled in Medicare, your contribution limit is zero. 20131040ez Example. 20131040ez You turned age 65 in July 2013 and enrolled in Medicare. 20131040ez You had an HDHP with self-only coverage and are eligible for an additional contribution of $1,000. 20131040ez Your contribution limit is $2,125 ($4,250 × 6 ÷ 12). 20131040ez Qualified HSA funding distribution. 20131040ez   A qualified HSA funding distribution may be made from your traditional IRA or Roth IRA to your HSA. 20131040ez This distribution cannot be made from an ongoing SEP IRA or SIMPLE IRA. 20131040ez For this purpose, a SEP IRA or SIMPLE IRA is ongoing if an employer contribution is made for the plan year ending with or within your tax year in which the distribution would be made. 20131040ez   The maximum qualified HSA funding distribution depends on the HDHP coverage (self-only or family) you have on the first day of the month in which the contribution is made and your age as of the end of the tax year. 20131040ez The distribution must be made directly by the trustee of the IRA to the trustee of the HSA. 20131040ez The distribution is not included in your income, is not deductible, and reduces the amount that can be contributed to your HSA. 20131040ez The qualified HSA funding distribution is shown on Form 8889 for the year in which the distribution is made. 20131040ez   You can make only one qualified HSA funding distribution during your lifetime. 20131040ez However, if you make a distribution during a month when you have self-only HDHP coverage, you can make another qualified HSA funding distribution in a later month in that tax year if you change to family HDHP coverage. 20131040ez The total qualified HSA funding distribution cannot be more than the contribution limit for family HDHP coverage plus any additional contribution to which you are entitled. 20131040ez Example. 20131040ez In 2013, you are an eligible individual, age 57, with self-only HDHP coverage. 20131040ez You can make a qualified HSA funding distribution of $4,250 ($3,250 plus $1,000 additional contribution). 20131040ez Funding distribution – testing period. 20131040ez   You must remain an eligible individual during the testing period. 20131040ez For a qualified HSA funding distribution, the testing period begins with the month in which the qualified HSA funding distribution is contributed and ends on the last day of the 12th month following that month. 20131040ez For example, if a qualified HSA funding distribution is contributed to your HSA on August 10, 2013, your testing period begins in August 2013, and ends on August 31, 2014. 20131040ez   If you fail to remain an eligible individual during the testing period, other than because of death or becoming disabled, you will have to include in income the qualified HSA funding distribution. 20131040ez You include this amount in income in the year in which you fail to be an eligible individual. 20131040ez This amount is also subject to a 10% additional tax. 20131040ez The income and the additional tax are shown on Form 8889, Part III. 20131040ez   Each qualified HSA funding distribution allowed has its own testing period. 20131040ez For example, you are an eligible individual, age 45, with self-only HDHP coverage. 20131040ez On June 18, 2013, you make a qualified HSA funding distribution of $3,250. 20131040ez On July 27, 2013, you enroll in family HDHP coverage and on August 17, 2013, you make a qualified HSA funding distribution of $3,200. 20131040ez Your testing period for the first distribution begins in June 2013 and ends on June 30, 2014. 20131040ez Your testing period for the second distribution begins in August 2013 and ends on August 31, 2014. 20131040ez   The testing period rule that applies under the last-month rule (discussed earlier) does not apply to amounts contributed to an HSA through a qualified HSA funding distribution. 20131040ez If you remain an eligible individual during the entire funding distribution testing period, then no amount of that distribution is included in income and will not be subject to the additional tax for failing to meet the last-month rule testing period. 20131040ez Rollovers A rollover contribution is not included in your income, is not deductible, and does not reduce your contribution limit. 20131040ez Archer MSAs and other HSAs. 20131040ez   You can roll over amounts from Archer MSAs and other HSAs into an HSA. 20131040ez You do not have to be an eligible individual to make a rollover contribution from your existing HSA to a new HSA. 20131040ez Rollover contributions do not need to be in cash. 20131040ez Rollovers are not subject to the annual contribution limits. 20131040ez   You must roll over the amount within 60 days after the date of receipt. 20131040ez You can make only one rollover contribution to an HSA during a 1-year period. 20131040ez Note. 20131040ez If you instruct the trustee of your HSA to transfer funds directly to the trustee of another of your HSAs, the transfer is not considered a rollover. 20131040ez There is no limit on the number of these transfers. 20131040ez Do not include the amount transferred in income, deduct it as a contribution, or include it as a distribution on Form 8889. 20131040ez When To Contribute You can make contributions to your HSA for 2013 until April 15, 2014. 20131040ez If you fail to be an eligible individual during 2013, you can still make contributions, up until April 15, 2014, for the months you were an eligible individual. 20131040ez Your employer can make contributions to your HSA between January 1, 2014, and April 15, 2014, that are allocated to 2013. 20131040ez Your employer must notify you and the trustee of your HSA that the contribution is for 2013. 20131040ez The contribution will be reported on your 2014 Form W-2. 20131040ez Reporting Contributions on Your Return Contributions made by your employer are not included in your income. 20131040ez Contributions to an employee's account by an employer using the amount of an employee's salary reduction through a cafeteria plan are treated as employer contributions. 20131040ez Generally, you can claim contributions you made and contributions made by any other person, other than your employer, on your behalf, as an adjustment to income. 20131040ez Contributions by a partnership to a bona fide partner's HSA are not contributions by an employer. 20131040ez The contributions are treated as a distribution of money and are not included in the partner's gross income. 20131040ez Contributions by a partnership to a partner's HSA for services rendered are treated as guaranteed payments that are deductible by the partnership and includible in the partner's gross income. 20131040ez In both situations, the partner can deduct the contribution made to the partner's HSA. 20131040ez Contributions by an S corporation to a 2% shareholder-employee's HSA for services rendered are treated as guaranteed payments and are deductible by the S corporation and includible in the shareholder-employee's gross income. 20131040ez The shareholder-employee can deduct the contribution made to the shareholder-employee's HSA. 20131040ez Form 8889. 20131040ez   Report all contributions to your HSA on Form 8889 and file it with your Form 1040 or Form 1040NR. 20131040ez You should include all contributions made for 2013, including those made by April 15, 2014, that are designated for 2013. 20131040ez Contributions made by your employer and qualified HSA funding distributions are also shown on the form. 20131040ez   You should receive Form 5498-SA, HSA, Archer MSA, or Medicare Advantage MSA Information, from the trustee showing the amount contributed to your HSA during the year. 20131040ez Your employer's contributions also will be shown in box 12 of Form W-2, Wage and Tax Statement, with code W. 20131040ez Follow the instructions for Form 8889. 20131040ez Report your HSA deduction on Form 1040 or Form 1040NR. 20131040ez Excess contributions. 20131040ez   You will have excess contributions if the contributions to your HSA for the year are greater than the limits discussed earlier. 20131040ez Excess contributions are not deductible. 20131040ez Excess contributions made by your employer are included in your gross income. 20131040ez If the excess contribution is not included in box 1 of Form W-2, you must report the excess as “Other income” on your tax return. 20131040ez   Generally, you must pay a 6% excise tax on excess contributions. 20131040ez See Form 5329, Additional Taxes on Qualified Plans (including IRAs) and Other Tax-Favored Accounts, to figure the excise tax. 20131040ez The excise tax applies to each tax year the excess contribution remains in the account. 20131040ez   You may withdraw some or all of the excess contributions and not pay the excise tax on the amount withdrawn if you meet the following conditions. 20131040ez You withdraw the excess contributions by the due date, including extensions, of your tax return for the year the contributions were made. 20131040ez You withdraw any income earned on the withdrawn contributions and include the earnings in “Other income” on your tax return for the year you withdraw the contributions and earnings. 20131040ez If you fail to remain an eligible individual during any of the testing periods, discussed earlier, the amount you have to include in income is not an excess contribution. 20131040ez If you withdraw any of those amounts, the amount is treated the same as any other distribution from an HSA, discussed later. 20131040ez Deducting an excess contribution in a later year. 20131040ez   You may be able to deduct excess contributions for previous years that are still in your HSA. 20131040ez The excess contribution you can deduct for the current year is the lesser of the following two amounts. 20131040ez Your maximum HSA contribution limit for the year minus any amounts contributed to your HSA for the year. 20131040ez The total excess contributions in your HSA at the beginning of the year. 20131040ez   Amounts contributed for the year include contributions by you, your employer, and any other person. 20131040ez They also include any qualified HSA funding distribution made to your HSA. 20131040ez Any excess contribution remaining at the end of a tax year is subject to the excise tax. 20131040ez See Form 5329. 20131040ez Distributions From an HSA You will generally pay medical expenses during the year without being reimbursed by your HDHP until you reach the annual deductible for the plan. 20131040ez When you pay medical expenses during the year that are not reimbursed by your HDHP, you can ask the trustee of your HSA to send you a distribution from your HSA. 20131040ez You can receive tax-free distributions from your HSA to pay or be reimbursed for qualified medical expenses you incur after you establish the HSA. 20131040ez If you receive distributions for other reasons, the amount you withdraw will be subject to income tax and may be subject to an additional 20% tax. 20131040ez You do not have to make distributions from your HSA each year. 20131040ez If you are no longer an eligible individual, you can still receive tax-free distributions to pay or reimburse your qualified medical expenses. 20131040ez Generally, a distribution is money you get from your health savings account. 20131040ez Your total distributions include amounts paid with a debit card that restricts payments to health care and amounts withdrawn from the HSA by other individuals that you have designated. 20131040ez The trustee will report any distribution to you and the IRS on Form 1099-SA, Distributions From an HSA, Archer MSA, or Medicare Advantage MSA. 20131040ez Qualified medical expenses. 20131040ez   Qualified medical expenses are those expenses that would generally qualify for the medical and dental expenses deduction. 20131040ez These are explained in Publication 502, Medical and Dental Expenses. 20131040ez   Also, non-prescription medicines (other than insulin) are not considered qualified medical expenses for HSA purposes. 20131040ez A medicine or drug will be a qualified medical expense for HSA purposes only if the medicine or drug: Requires a prescription, Is available without a prescription (an over-the-counter medicine or drug) and you get a prescription for it, or Is insulin. 20131040ez   For HSA purposes, expenses incurred before you establish your HSA are not qualified medical expenses. 20131040ez State law determines when an HSA is established. 20131040ez An HSA that is funded by amounts rolled over from an Archer MSA or another HSA is established on the date the prior account was established. 20131040ez   If, under the last-month rule, you are considered to be an eligible individual for the entire year for determining the contribution amount, only those expenses incurred after you actually establish your HSA are qualified medical expenses. 20131040ez   Qualified medical expenses are those incurred by the following persons. 20131040ez You and your spouse. 20131040ez All dependents you claim on your tax return. 20131040ez Any person you could have claimed as a dependent on your return except that: The person filed a joint return, The person had gross income of $3,900 or more, or You, or your spouse if filing jointly, could be claimed as a dependent on someone else's 2013 return. 20131040ez    For this purpose, a child of parents that are divorced, separated, or living apart for the last 6 months of the calendar year is treated as the dependent of both parents whether or not the custodial parent releases the claim to the child's exemption. 20131040ez You cannot deduct qualified medical expenses as an itemized deduction on Schedule A (Form 1040) that are equal to the tax-free distribution from your HSA. 20131040ez Insurance premiums. 20131040ez   You cannot treat insurance premiums as qualified medical expenses unless the premiums are for: Long-term care insurance. 20131040ez Health care continuation coverage (such as coverage under COBRA). 20131040ez Health care coverage while receiving unemployment compensation under federal or state law. 20131040ez Medicare and other health care coverage if you were 65 or older (other than premiums for a Medicare supplemental policy, such as Medigap). 20131040ez   The premiums for long-term care insurance (item (1)) that you can treat as qualified medical expenses are subject to limits based on age and are adjusted annually. 20131040ez See Limit on long-term care premiums you can deduct in the instructions for Schedule A (Form 1040). 20131040ez   Items (2) and (3) can be for your spouse or a dependent meeting the requirement for that type of coverage. 20131040ez For item (4), if you, the account beneficiary, are not 65 or older, Medicare premiums for coverage of your spouse or a dependent (who is 65 or older) generally are not qualified medical expenses. 20131040ez Health coverage tax credit. 20131040ez   You cannot claim this credit for premiums that you pay with a tax-free distribution from your HSA. 20131040ez See Publication 502 for more information on this credit. 20131040ez Deemed distributions from HSAs. 20131040ez   The following situations result in deemed taxable distributions from your HSA. 20131040ez You engaged in any transaction prohibited by section 4975 with respect to any of your HSAs, at any time in 2013. 20131040ez Your account ceases to be an HSA as of January 1, 2013, and you must include the fair market value of all assets in the account as of January 1, 2013, on Form 8889. 20131040ez You used any portion of any of your HSAs as security for a loan at any time in 2013. 20131040ez You must include the fair market value of the assets used as security for the loan as income on Form 1040 or Form 1040NR. 20131040ez   Examples of prohibited transactions include the direct or indirect: Sale, exchange, or leasing of property between you and the HSA, Lending of money between you and the HSA, Furnishing goods, services, or facilities between you and the HSA, and Transfer to or use by you, or for your benefit, of any assets of the HSA. 20131040ez   Any deemed distribution will not be treated as used to pay qualified medical expenses. 20131040ez These distributions are included in your income and are subject to the additional 20% tax, discussed later. 20131040ez Recordkeeping. 20131040ez You must keep records sufficient to show that: The distributions were exclusively to pay or reimburse qualified medical expenses, The qualified medical expenses had not been previously paid or reimbursed from another source, and The medical expenses had not been taken as an itemized deduction in any year. 20131040ez Do not send these records with your tax return. 20131040ez Keep them with your tax records. 20131040ez 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). 20131040ez 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. 20131040ez 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. 20131040ez Follow the instructions for the form and file it with your Form 1040 or Form 1040NR. 20131040ez If you do not use a distribution from your HSA for qualified medical expenses, you must pay tax on the distribution. 20131040ez Report the amount on Form 8889 and file it with your Form 1040 or Form 1040NR. 20131040ez You may have to pay an additional 20% tax on your taxable distribution. 20131040ez HSA administration and maintenance fees withdrawn by the trustee are not reported as distributions from the HSA. 20131040ez Additional tax. 20131040ez   There is an additional 20% tax on the part of your distributions not used for qualified medical expenses. 20131040ez Figure the tax on Form 8889 and file it with your Form 1040 or Form 1040NR. 20131040ez Exceptions. 20131040ez   There is no additional tax on distributions made after the date you are disabled, reach age 65, or die. 20131040ez Balance in an HSA An HSA is generally exempt from tax. 20131040ez You are permitted to take a distribution from your HSA at any time; however, only those amounts used exclusively to pay for qualified medical expenses are tax free. 20131040ez Amounts that remain at the end of the year are generally carried over to the next year (see Excess contributions , earlier). 20131040ez Earnings on amounts in an HSA are not included in your income while held in the HSA. 20131040ez Death of HSA Holder You should choose a beneficiary when you set up your HSA. 20131040ez What happens to that HSA when you die depends on whom you designate as the beneficiary. 20131040ez Spouse is the designated beneficiary. 20131040ez   If your spouse is the designated beneficiary of your HSA, it will be treated as your spouse's HSA after your death. 20131040ez Spouse is not the designated beneficiary. 20131040ez   If your spouse is not the designated beneficiary of your HSA: The account stops being an HSA, and The fair market value of the HSA becomes taxable to the beneficiary in the year in which you die. 20131040ez If your estate is the beneficiary, the value is included on your final income tax return. 20131040ez The amount taxable to a beneficiary other than the estate is reduced by any qualified medical expenses for the decedent that are paid by the beneficiary within 1 year after the date of death. 20131040ez Filing Form 8889 You must file Form 8889 with your Form 1040 or Form 1040NR if you (or your spouse, if married filing a joint return) had any activity in your HSA during the year. 20131040ez You must file the form even if only your employer or your spouse's employer made contributions to the HSA. 20131040ez If, during the tax year, you are the beneficiary of two or more HSAs or you are a beneficiary of an HSA and you have your own HSA, you must complete a separate Form 8889 for each HSA. 20131040ez Enter “statement” at the top of each Form 8889 and complete the form as instructed. 20131040ez Next, complete a controlling Form 8889 combining the amounts shown on each of the statement Forms 8889. 20131040ez Attach the statements to your tax return after the controlling Form 8889. 20131040ez Employer Participation This section contains the rules that employers must follow if they decide to make HSAs available to their employees. 20131040ez Unlike the previous discussions, “you” refers to the employer and not to the employee. 20131040ez Health plan. 20131040ez   If you want your employees to be able to have an HSA, they must have an HDHP. 20131040ez You can provide no additional coverage other than those exceptions listed previously under Other health coverage . 20131040ez Contributions. 20131040ez   You can make contributions to your employees' HSAs. 20131040ez You deduct the contributions on your business income tax return for the year in which you make the contributions. 20131040ez If the contribution is allocated to the prior year, you still deduct it in the year in which you made the contribution. 20131040ez   For more information on employer contributions, see Notice 2008-59, 2008-29 I. 20131040ez R. 20131040ez B. 20131040ez 123, questions 23 through 27, available at www. 20131040ez irs. 20131040ez gov/irb/2008-29_IRB/ar11. 20131040ez html. 20131040ez Comparable contributions. 20131040ez   If you decide to make contributions, you must make comparable contributions to all comparable participating employees' HSAs. 20131040ez Your contributions are comparable if they are either: The same amount, or The same percentage of the annual deductible limit under the HDHP covering the employees. 20131040ez The comparability rules do not apply to contributions made through a cafeteria plan. 20131040ez Comparable participating employees. 20131040ez   Comparable participating employees: Are covered by your HDHP and are eligible to establish an HSA, Have the same category of coverage (either self-only or family coverage), and Have the same category of employment (part-time, full-time, or former employees). 20131040ez   To meet the comparability requirements for eligible employees who have not established an HSA by December 31 or have not notified you that they have an HSA, you must meet a notice requirement and a contribution requirement. 20131040ez   You will meet the notice requirement if by January 15 of the following calendar year you provide a written notice to all such employees. 20131040ez The notice must state that each eligible employee who, by the last day of February, establishes an HSA and notifies you that they have established an HSA will receive a comparable contribution to the HSA for the prior year. 20131040ez For a sample of the notice, see Regulation 54. 20131040ez 4980G-4 A-14(c). 20131040ez You will meet the contribution requirement for these employees if by April 15, 2014, you contribute comparable amounts plus reasonable interest to the employee's HSA for the prior year. 20131040ez Note. 20131040ez For purposes of making contributions to HSAs of non-highly compensated employees, highly compensated employees shall not be treated as comparable participating employees. 20131040ez Excise tax. 20131040ez   If you made contributions to your employees' HSAs that were not comparable, you must pay an excise tax of 35% of the amount you contributed. 20131040ez Employment taxes. 20131040ez   Amounts you contribute to your employees' HSAs are generally not subject to employment taxes. 20131040ez You must report the contributions in box 12 of the Form W-2 you file for each employee. 20131040ez This includes the amounts the employee elected to contribute through a cafeteria plan. 20131040ez Enter code “W” in box 12. 20131040ez Medical Savings Accounts (MSAs) Archer MSAs were created to help self-employed individuals and employees of certain small employers meet the medical care costs of the account holder, the account holder's spouse, or the account holder's dependent(s). 20131040ez After December 31, 2007, you cannot be treated as an eligible individual for Archer MSA purposes unless: You were an active participant for any tax year ending before January 1, 2008, or You became an active participant for a tax year ending after December 31, 2007, by reason of coverage under a high deductible health plan (HDHP) of an Archer MSA participating employer. 20131040ez A Medicare Advantage MSA is an Archer MSA designated by Medicare to be used solely to pay the qualified medical expenses of the account holder who is eligible for Medicare. 20131040ez Archer MSAs An Archer MSA is a tax-exempt trust or custodial account that you set up with a U. 20131040ez S. 20131040ez financial institution (such as a bank or an insurance company) in which you can save money exclusively for future medical expenses. 20131040ez What are the benefits of an Archer MSA?   You may enjoy several benefits from having an Archer MSA. 20131040ez You can claim a tax deduction for contributions you make even if you do not itemize your deductions on Form 1040 or Form 1040NR. 20131040ez The interest or other earnings on the assets in your Archer MSA are tax free. 20131040ez Distributions may be tax free if you pay qualified medical expenses. 20131040ez See Qualified medical expenses , later. 20131040ez The contributions remain in your Archer MSA from year to year until you use them. 20131040ez An Archer MSA is “portable” so it stays with you if you change employers or leave the work force. 20131040ez Qualifying for an Archer MSA To qualify for an Archer MSA, you must be either of the following. 20131040ez An employee (or the spouse of an employee) of a small employer (defined later) that maintains a self-only or family HDHP for you (or your spouse). 20131040ez A self-employed person (or the spouse of a self-employed person) who maintains a self-only or family HDHP. 20131040ez You can have no other health or Medicare coverage except what is permitted under Other health coverage , later. 20131040ez You must be an eligible individual on the first day of a given month to get an Archer MSA deduction for that month. 20131040ez If another taxpayer is entitled to claim an exemption for you, you cannot claim a deduction for an Archer MSA contribution. 20131040ez This is true even if the other person does not actually claim your exemption. 20131040ez Small employer. 20131040ez   A small employer is generally an employer who had an average of 50 or fewer employees during either of the last 2 calendar years. 20131040ez The definition of small employer is modified for new employers and growing employers. 20131040ez Growing employer. 20131040ez   A small employer may begin HDHPs and Archer MSAs for his or her employees and then grow beyond 50 employees. 20131040ez The employer will continue to meet the requirement for small employers if he or she: Had 50 or fewer employees when the Archer MSAs began, Made a contribution that was excludable or deductible as an Archer MSA for the last year he or she had 50 or fewer employees, and Had an average of 200 or fewer employees each year after 1996. 20131040ez Changing employers. 20131040ez   If you change employers, your Archer MSA moves with you. 20131040ez However, you may not make additional contributions unless you are otherwise eligible. 20131040ez High deductible health plan (HDHP). 20131040ez   To be eligible for an Archer MSA, you must be covered under an HDHP. 20131040ez An HDHP has: A higher annual deductible than typical health plans, and A maximum limit on the annual out-of-pocket medical expenses that you must pay for covered expenses. 20131040ez Limits. 20131040ez   The following table shows the limits for annual deductibles and the maximum out-of-pocket expenses for HDHPs for 2013. 20131040ez   Self-only coverage Family coverage Minimum annual deductible $2,150 $4,300 Maximum annual deductible $3,200 $6,450 Maximum annual out-of-pocket expenses $4,300 $7,850 Family plans that do not meet the high deductible rules. 20131040ez   There are some family plans that have deductibles for both the family as a whole and for individual family members. 20131040ez Under these plans, if you meet the individual deductible for one family member, you do not have to meet the higher annual deductible amount for the family. 20131040ez If either the deductible for the family as a whole or the deductible for an individual family member is less than the minimum annual deductible for family coverage, the plan does not qualify as an HDHP. 20131040ez Example. 20131040ez You have family health insurance coverage in 2013. 20131040ez The annual deductible for the family plan is $5,500. 20131040ez This plan also has an individual deductible of $2,000 for each family member. 20131040ez The plan does not qualify as an HDHP because the deductible for an individual family member is less than the minimum annual deductible ($4,300) for family coverage. 20131040ez Other health coverage. 20131040ez   You (and your spouse, if you have family coverage) generally cannot have any other health coverage that is not an HDHP. 20131040ez However, you can still be an eligible individual even if your spouse has non-HDHP coverage provided you are not covered by that plan. 20131040ez However, you can have additional insurance that provides benefits only for the following items. 20131040ez Liabilities incurred under workers' compensation laws, torts, or ownership or use of property. 20131040ez A specific disease or illness. 20131040ez A fixed amount per day (or other period) of hospitalization. 20131040ez You can also have coverage (whether provided through insurance or otherwise) for the following items. 20131040ez Accidents. 20131040ez Disability. 20131040ez Dental care. 20131040ez Vision care. 20131040ez Long-term care. 20131040ez Contributions to an MSA Contributions to an Archer MSA must be made in cash. 20131040ez You cannot contribute stock or other property to an Archer MSA. 20131040ez Who can contribute to my Archer MSA?   If you are an employee, your employer may make contributions to your Archer MSA. 20131040ez (You do not pay tax on these contributions. 20131040ez ) If your employer does not make contributions to your Archer MSA, or you are self-employed, you can make your own contributions to your Archer MSA. 20131040ez Both you and your employer cannot make contributions to your Archer MSA in the same year. 20131040ez You do not have to make contributions to your Archer MSA every year. 20131040ez    If your spouse is covered by your HDHP and an excludable amount is contributed by your spouse's employer to an Archer MSA belonging to your spouse, you cannot make contributions to your own Archer MSA that year. 20131040ez Limits There are two limits on the amount you or your employer can contribute to your Archer MSA: The annual deductible limit. 20131040ez An income limit. 20131040ez Annual deductible limit. 20131040ez   You (or your employer) can contribute up to 75% of the annual deductible of your HDHP (65% if you have a self-only plan) to your Archer MSA. 20131040ez You must have the HDHP all year to contribute the full amount. 20131040ez If you do not qualify to contribute the full amount for the year, determine your annual deductible limit by using the worksheet in the Instructions for Form 8853, Archer MSAs and Long-Term Care Insurance Contracts. 20131040ez Example 1. 20131040ez You have an HDHP for your family all year in 2013. 20131040ez The annual deductible is $5,000. 20131040ez You can contribute up to $3,750 ($5,000 × 75%) to your Archer MSA for the year. 20131040ez Example 2. 20131040ez You have an HDHP for your family for the entire months of July through December 2013 (6 months). 20131040ez The annual deductible is $5,000. 20131040ez You can contribute up to $1,875 ($5,000 × 75% ÷ 12 × 6) to your Archer MSA for the year. 20131040ez If you and your spouse each have a family plan, you are treated as having family coverage with the lower annual deductible of the two health plans. 20131040ez The contribution limit is split equally between you unless you agree on a different division. 20131040ez Income limit. 20131040ez   You cannot contribute more than you earned for the year from the employer through whom you have your HDHP. 20131040ez   If you are self-employed, you cannot contribute more than your net self-employment income. 20131040ez This is your income from self-employment minus expenses (including the deductible part of self-employment tax). 20131040ez Example 1. 20131040ez Noah Paul earned $25,000 from ABC Company in 2013. 20131040ez Through ABC, he had an HDHP for his family for the entire year. 20131040ez The annual deductible was $5,000. 20131040ez He can contribute up to $3,750 to his Archer MSA (75% × $5,000). 20131040ez He can contribute the full amount because he earned more than $3,750 at ABC. 20131040ez Example 2. 20131040ez Westley Lawrence is self-employed. 20131040ez He had an HDHP for his family for the entire year in 2013. 20131040ez The annual deductible was $5,000. 20131040ez Based on the annual deductible, the maximum contribution to his Archer MSA would have been $3,750 (75% × $5,000). 20131040ez However, after deducting his business expenses, Joe's net self-employment income is $2,500 for the year. 20131040ez Therefore, he is limited to a contribution of $2,500. 20131040ez Individuals enrolled in Medicare. 20131040ez   Beginning with the first month you are enrolled in Medicare, you cannot contribute to an Archer MSA. 20131040ez However, you may be eligible for a Medicare Advantage MSA, discussed later. 20131040ez When To Contribute You can make contributions to your Archer MSA for 2013 until April 15, 2014. 20131040ez Reporting Contributions on Your Return Report all contributions to your Archer MSA on Form 8853 and file it with your Form 1040 or Form 1040NR. 20131040ez You should include all contributions you, or your employer, made for 2013, including those made by April 15, 2014, that are designated for 2013. 20131040ez You should receive Form 5498-SA, HSA, Archer MSA, or Medicare Advantage MSA Information, from the trustee showing the amount you (or your employer) contributed during the year. 20131040ez Your employer's contributions should be shown in box 12 of Form W-2, Wage and Tax Statement, with code R. 20131040ez Follow the instructions for Form 8853 and complete the worksheet in the instructions. 20131040ez Report your Archer MSA deduction on Form 1040 or Form 1040NR. 20131040ez Excess contributions. 20131040ez   You will have excess contributions if the contributions to your Archer MSA for the year are greater than the limits discussed earlier. 20131040ez Excess contributions are not deductible. 20131040ez Excess contributions made by your employer are included in your gross income. 20131040ez If the excess contribution is not included in box 1 of Form W-2, you must report the excess as “Other income” on your tax return. 20131040ez   Generally, you must pay a 6% excise tax on excess contributions. 20131040ez See Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, to figure the excise tax. 20131040ez The excise tax applies to each tax year the excess contribution remains in the account. 20131040ez   You may withdraw some or all of the excess contributions and not pay the excise tax on the amount withdrawn if you meet the following conditions. 20131040ez You withdraw the excess contributions by the due date, including extensions, of your tax return. 20131040ez You withdraw any income earned on the withdrawn contributions and include the earnings in “Other income” on your tax return for the year you withdraw the contributions and earnings. 20131040ez Deducting an excess contribution in a later year. 20131040ez   You may be able to deduct excess contributions for previous years that are still in your Archer MSA. 20131040ez The excess contribution you can deduct in the current year is the lesser of the following two amounts. 20131040ez Your maximum Archer MSA contribution limit for the year minus any amounts contributed to your Archer MSA for the year. 20131040ez The total excess contributions in your Archer MSA at the beginning of the year. 20131040ez   Any excess contributions remaining at the end of a tax year are subject to the excise tax. 20131040ez See Form 5329. 20131040ez Distributions From an MSA You will generally pay medical expenses during the year without being reimbursed by your HDHP until you reach the annual deductible for the plan. 20131040ez When you pay medical expenses during the year that are not reimbursed by your HDHP, you can ask the trustee of your Archer MSA to send you a distribution from your Archer MSA. 20131040ez You can receive tax-free distributions from your Archer MSA to pay for qualified medical expenses (discussed later). 20131040ez If you receive distributions for other reasons, the amount will be subject to income tax and may be subject to an additional 20% tax as well. 20131040ez You do not have to make withdrawals from your Archer MSA each year. 20131040ez If you no longer qualify to make contributions, you can still receive tax-free distributions to pay or reimburse your qualified medical expenses. 20131040ez A distribution is money you get from your Archer MSA. 20131040ez The trustee will report any distribution to you and the IRS on Form 1099-SA, Distributions From an HSA, Archer MSA, or Medicare Advantage MSA. 20131040ez Qualified medical expenses. 20131040ez   Qualified medical expenses are those expenses that would generally qualify for the medical and dental expenses deduction. 20131040ez These are explained in Publication 502. 20131040ez   Also, non-prescription medicines (other than insulin) are not considered qualified medical expenses for MSA purposes. 20131040ez A medicine or drug will be a qualified medical expense for MSA purposes only if the medicine or drug: Requires a prescription, Is available without a prescription (an over-the-counter medicine or drug) and you get a prescription for it, or Is insulin. 20131040ez   Qualified medical expenses are those incurred by the following persons. 20131040ez You and your spouse. 20131040ez All dependents you claim on your tax return. 20131040ez Any person you could have claimed as a dependent on your return except that: The person filed a joint return, The person had gross income of $3,900 or more, or You, or your spouse if filing jointly, could be claimed as a dependent on someone else's 2013 return. 20131040ez    For this purpose, a child of parents that are divorced, separated, or living apart for the last 6 months of the calendar year is treated as the dependent of both parents whether or not the custodial parent releases the claim to the child's exemption. 20131040ez    You cannot deduct qualified medical expenses as an itemized deduction on Schedule A (Form 1040) that are equal to the tax-free distribution from your Archer MSA. 20131040ez Special rules for insurance premiums. 20131040ez   Generally, you cannot treat insurance premiums as qualified medical expenses for Archer MSAs. 20131040ez You can, however, treat premiums for long-term care coverage, health care coverage while you receive unemployment benefits, or health care continuation coverage required under any federal law as qualified medical expenses for Archer MSAs. 20131040ez Health coverage tax credit. 20131040ez   You cannot claim this credit for premiums that you pay with a tax-free distribution from your Archer MSA. 20131040ez See Publication 502 for information on this credit. 20131040ez Deemed distributions from Archer MSAs. 20131040ez   The following situations result in deemed taxable distributions from your Archer MSA. 20131040ez You engaged in any transaction prohibited by section 4975 with respect to any of your Archer MSAs at any time in 2013. 20131040ez Your account ceases to be an Archer MSA as of January 1, 2013, and you must include the fair market value of all assets in the account as of January 1, 2013, on Form 8853. 20131040ez You used any portion of any of your Archer MSAs as security for a loan at any time in 2013. 20131040ez You must include the fair market value of the assets used as security for the loan as income on Form 1040 or Form 1040NR. 20131040ez   Examples of prohibited transactions include the direct or indirect: Sale, exchange, or leasing of property between you and the Archer MSA, Lending of money between you and the Archer MSA, Furnishing goods, services, or facilities between you and the Archer MSA, and Transfer to or use by you, or for your benefit, of any assets of the Archer MSA. 20131040ez   Any deemed distribution will not be treated as used to pay qualified medical expenses. 20131040ez These distributions are included in your income and are subject to the additional 20% tax, discussed later. 20131040ez Recordkeeping. 20131040ez You must keep records sufficient to show that: The distributions were exclusively to pay or reimburse qualified medical expenses, The qualified medical expenses had not been previously paid or reimbursed from another source, and The medical expenses had not been taken as an itemized deduction in any year. 20131040ez Do not send these records with your tax return. 20131040ez Keep them with your tax records. 20131040ez 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). 20131040ez If you use a distribution from your Archer MSA for qualified medical expenses, you do not pay tax on the distribution but you have to report the distribution on Form 8853. 20131040ez Follow the instructions for the form and file it with your Form 1040 or Form 1040NR. 20131040ez If you do not use a distribution from your Archer MSA for qualified medical expenses, you must pay tax on the distribution. 20131040ez Report the amount on Form 8853 and file it with your Form 1040 or Form 1040NR. 20131040ez You may have to pay an additional 20% tax, discussed later, on your taxable distribution. 20131040ez If an amount (other than a rollover) is contributed to your Archer MSA this year (by you or your employer), you also must report and pay tax on a distribution you receive from your Archer MSA this year that is used to pay medical expenses of someone who is not covered by an HDHP, or is also covered by another health plan that is not an HDHP, at the time the expenses are incurred. 20131040ez Rollovers. 20131040ez   Generally, any distribution from an Archer MSA that you roll over into another Archer MSA or an HSA is not taxable if you complete the rollover within 60 days. 20131040ez An Archer MSA and an HSA can only receive one rollover contribution during a 1-year period. 20131040ez See the Form 8853 instructions for more information. 20131040ez Additional tax. 20131040ez   There is a 20% additional tax on the part of your distributions not used for qualified medical expenses. 20131040ez Figure the tax on Form 8853 and file it with your Form 1040 or Form 1040NR. 20131040ez Report the additional tax in the total on Form 1040 or Form 1040NR. 20131040ez Exceptions. 20131040ez   There is no additional tax on distributions made after the date you are disabled, reach age 65, or die. 20131040ez Balance in an Archer MSA An Archer MSA is generally exempt from tax. 20131040ez You are permitted to take a distribution from your Archer MSA at any time; however, only those amounts used exclusively to pay for qualified medical expenses are tax free. 20131040ez Amounts that remain at the end of the year are generally carried over to the next year (see Excess contributions , earlier). 20131040ez Earnings on amounts in an Archer MSA are not included in your income while held in the Archer MSA. 20131040ez Death of the Archer MSA Holder You should choose a beneficiary when you set up your Archer MSA. 20131040ez What happens to that Archer MSA when you die depends on whom you designate as the beneficiary. 20131040ez Spouse is the designated beneficiary. 20131040ez   If your spouse is the designated beneficiary of your Archer MSA, it will be treated as your spouse's Archer MSA after your death. 20131040ez Spouse is not the designated beneficiary. 20131040ez   If your spouse is not the designated beneficiary of your Archer MSA: The account stops being an Archer MSA, and The fair market value of the Archer MSA becomes taxable to the beneficiary in the year in which you die. 20131040ez   If your estate is the beneficiary, the fair market value of the Archer MSA will be included on your final income tax return. 20131040ez The amount taxable to a beneficiary other than the estate is reduced by any qualified medical expenses for the decedent that are paid by the beneficiary within 1 year after the date of death. 20131040ez Filing Form 8853 You must file Form 8853 with your Form 1040 or Form 1040NR if you (or your spouse, if married filing a joint return) had any activity in your Archer MSA during the year. 20131040ez You must file the form even if only your employer or your spouse's employer made contributions to the Archer MSA. 20131040ez If, during the tax year, you are the beneficiary of two or more Archer MSAs or you are a beneficiary of an Archer MSA and you have your own Archer MSA, you must complete a separate Form 8853 for each MSA. 20131040ez Enter “statement” at the top of each Form 8853 and complete the form as instructed. 20131040ez Next, complete a controlling Form 8853 combining the amounts shown on each of the statement Forms 8853. 20131040ez Attach the statements to your tax return after the controlling Form 8853. 20131040ez Employer Participation This section contains the rules that employers must follow if they decide to make Archer MSAs available to their employees. 20131040ez Unlike the previous discussions, “you” refers to the employer and not to the employee. 20131040ez Health plan. 20131040ez   If you want your employees to be able to have an Archer MSA, you must make an HDHP available to them. 20131040ez You can provide no additional coverage other than those exceptions listed previously under Other health coverage . 20131040ez Contributions. 20131040ez   You can make contributions to your employees' Archer MSAs. 20131040ez You deduct the contributions on the “Employee benefit programs” line of your business income tax return for the year in which you make the contributions. 20131040ez If you are filing Form 1040, Schedule C, this is Part II, line 14. 20131040ez Comparable contributions. 20131040ez   If you decide to make contributions, you must make comparable contributions to all comparable participating employees' Archer MSAs. 20131040ez Your contributions are comparable if they are either: The same amount, or The same percentage of the annual deductible limit under the HDHP covering the employees. 20131040ez Comparable participating employees. 20131040ez   Comparable participating employees: Are covered by your HDHP and are eligible to establish an Archer MSA, Have the same category of coverage (either self-only or family coverage), and Have the same category of employment (either part-time or full-time). 20131040ez Excise tax. 20131040ez   If you made contributions to your employees' Archer MSAs that were not comparable, you must pay an excise tax of 35% of the amount you contributed. 20131040ez Employment taxes. 20131040ez   Amounts you contribute to your employees' Archer MSAs are generally not subject to employment taxes. 20131040ez You must report the contributions in box 12 of the Form W-2 you file for each employee. 20131040ez Enter code “R” in box 12. 20131040ez Medicare Advantage MSAs A Medicare Advantage MSA is an Archer MSA designated by Medicare to be used solely to pay the qualified medical expenses of the account holder. 20131040ez To be eligible for a Medicare Advantage MSA, you must be enrolled in Medicare and have a high deductible health plan (HDHP) that meets the Medicare guidelines. 20131040ez A Medicare Advantage MSA is a tax-exempt trust or custodial savings account that you set up with a financial institution (such as a bank or an insurance company) in which the Medicare program can deposit money for qualified medical expenses. 20131040ez The money in your account is not taxed if it is used for qualified medical expenses, and it may earn interest or dividends. 20131040ez An HDHP is a special health insurance policy that has a high deductible. 20131040ez You choose the policy you want to use as part of your Medicare Advantage MSA plan. 20131040ez However, the policy must be approved by the Medicare program. 20131040ez Medicare Advantage MSAs are administered through the federal Medicare program. 20131040ez You can get information by calling 1-800-Medicare (1-800-633-4227) or through the Internet at www. 20131040ez medicare. 20131040ez gov. 20131040ez Note. 20131040ez You must file Form 8853, Archer MSAs and Long-Term Care Insurance Contracts, with your tax return if you have a Medicare Advantage MSA. 20131040ez Flexible Spending Arrangements (FSAs) A health flexible spending arrangement (FSA) allows employees to be reimbursed for medical expenses. 20131040ez FSAs are usually funded through voluntary salary reduction agreements with your employer. 20131040ez No employment or federal income taxes are deducted from your contribution. 20131040ez The employer may also contribute. 20131040ez Note. 20131040ez Unlike HSAs or Archer MSAs which must be reported on Form 1040 or Form 1040NR, there are no reporting requirements for FSAs on your income tax return. 20131040ez For information on the interaction between a health FSA and an HSA, see Other employee health plans under Qualifying for an HSA, earlier. 20131040ez What are the benefits of an FSA?   You may enjoy several benefits from having an FSA. 20131040ez Contributions made by your employer can be excluded from your gross income. 20131040ez No employment or federal income taxes are deducted from the contributions. 20131040ez Withdrawals may be tax free if you pay qualified medical expenses. 20131040ez See Qualified medical expenses , later. 20131040ez You can withdraw funds from the account to pay qualified medical expenses even if you have not yet placed the funds in the account. 20131040ez Qualifying for an FSA Health FSAs are employer-established benefit plans. 20131040ez These may be offered in conjunction with other employer-provided benefits as part of a cafeteria plan. 20131040ez Employers have complete flexibility to offer various combinations of benefits in designing their plan. 20131040ez You do not have to be covered under any other health care plan to participate. 20131040ez Self-employed persons are not eligible for an FSA. 20131040ez Certain limitations may apply if you are a highly compensated participant or a key employee. 20131040ez Contributions to an FSA You contribute to your FSA by electing an amount to be voluntarily withheld from your pay by your employer. 20131040ez This is sometimes called a salary reduction agreement. 20131040ez The employer may also contribute to your FSA if specified in the plan. 20131040ez You do not pay federal income tax or employment taxes on the salary you contribute or the amounts your employer contributes to the FSA. 20131040ez However, contributions made by your employer to provide coverage for long-term care insurance must be included in income. 20131040ez When To Contribute At the