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Distribution
Distribution is tax-free if taken for "qualified medical expenses".
Now includes over-the-counter drugs
Qualified medical expense must be incurred on or after the HSA was established.
If HDHP coverage effective on first day of month, HSA can be established as early as first day of same month
If HDHP coverage effective any day other than first day of month, HSA cannot be established until first day of following month
Tax-free distributions can be taken for qualified medical expenses of:
person covered by the high deductible
spouse of the individual (even if not covered by the HDHP)
any dependent of the individual (even if not covered by the HDHP)
If distribution is not used medical expenses
Amount of distribution and
10% additional tax except
Individual dies or becomes
Individual is age 65
"Qualified medical expenses" do not include other health insurance (including premiums for dental or vision care)
Exceptions:
COBRA continuation coverage
Any health plan coverage while receiving unemployment compensation
For individuals enrolled in Medicare:
Medicare premiums and out-of-pocket expenses (Part A, Part B, Medicare HMOs, prescription drug coverage)
employee share of premiums for employer-based coverage
Cannot pay Medigap premiums
Qualified long-term care insurance premiums
Should the HSA account holder keep receipts? YES!
May need to prove to IRS that distributions from HSA were for medical expenses and not otherwise reimbursed
May be required by insurance company to prove that HDHP deductible was met
Not all medical expenses paid out of the HSA have to be charged against the deductible (e.g. dental care, vision care)
HSA Distributions can be used to reimburse prior years’ expenses as long as they were incurred on or after the date the HSA was established.
No time limit on when distribution must occur
Individual must keep records sufficient to prove that:
the expenses were incurred,
they were not paid for or reimbursed by another source or taken as an itemized deduction
Mistaken HSA distributions can be returned to the HSA.
Clear and convincing evidence must be shown that the distribution was a mistake of fact
Must be repaid by April 15 of the year following the year in which the individual knew or should have known the distribution was a mistake
Source:
http://www.ustreas.gov/offices/public-affairs/hsa/pdf/all-about-HSAs_072208.pdf
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