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IRS Informal Guidance Sheds Light on the Health FSA Carryover/HSA Eligibility Dilemma
Winston & Strawn LLP Link to more items from this source
[Guidance Overview]
Apr. 3, 2014

"[The] IRS informal guidance generally confirms the following: If you otherwise constitute an 'eligible individual,' but participate in a general-purpose health FSA ... solely as a result of a carryover of unused health FSA amounts from the prior year, you lose your 'eligible individual' status; If you participate in a general-purpose health FSA solely as a result of a health FSA carryover ... you are disqualified from contributing to an HSA during the entire carryover year[.]"

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