FSA, HSA same year

[Dot06]

We have such a mess.  For multiple years I had an FSA that I contributed to and my husband had a HDHP with an HSA that his employer contributed to (500/yr) but he did not (he did not even realize he had it).  The wording during open enrollments for both employers was not clear (really confusing).  Last year realized we may have had both and couldn't but thought if he had a HDHP and was not on my insurance he could have HSA and contribute and I could have my insurance and FSA for me (even tried to explain to one of our HR depts to make sure we were doing correctly) and now realize we were still WRONG.  Open enrollment for both now so want to make sure we are correct.  Am I right that we can have our individual insurances without the other on our plans and he can contribute to his HSA and I don't opt for FSA and his HSA would be available for both of us?  OR: He ask his employer not to contribute to HSA and I can have FSA that can be used for both of us?  If second option: what do we do about the money still in his HSA?  Also: how do we correct for the years we did this incorrectly?  What a mess we are in.  Thanks for any advice on where to go from here.  We would like to make this right.  I don't think we ever hit the yearly contribution limits or if so not by much.  Thanks

[Brian Gilmore]

Yes, this is a bit of a messy situation unfortunately.  

Enrollment in a general purpose health FSA blocks HSA eligibility (i.e., the ability to make or receive HSA contributions) for both you and your spouse.  So going forward you will either want to decline your company's health FSA or direct your spouse not to make (or receive employer) HSA contributions.  Alternatively, if offered by your employer, you could enroll in a limited purpose health FSA without affecting your spouse's HSA eligibility.

As for this year and prior years, all of your spouse's HSA contributions for months in which you were covered by the general purpose health FSA are technically ineligible excess HSA contributions subject to a 6% excise tax each year until removed.  You will want to work with a personal tax adviser to address those.

Here's some more details for reference:

• https://www.newfront.com/blog/hsa-interaction-health-fsa-2
• https://www.newfront.com/blog/correcting-excess-hsa-contributions

Slide summary:

2024 Newfront Go All the Way with HSA Guide

[Dot06]

Thanks, we will be looking for a tax advisor.  I really appreciate your response and at least I know I am understanding for next year so we don't make these mistakes again!!  I am thinking he should stop any future HSA contributions for the rest of the year, correct.  He's been on short term disability d/t surgery so we have about 2 months without contributions this year.