Publication 969 - Health Savings Accounts And Other Tax-Favored Health Plans - 2011 Page 8

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You withdraw the excess contributions by the due
Qualified medical expenses. Qualified medical ex-
penses are those expenses that would generally qualify for
date, including extensions, of your tax return for the
the medical and dental expenses deduction. These are
year the contributions were made.
explained in Publication 502, Medical and Dental Ex-
You withdraw any income earned on the withdrawn
penses.
contributions and include the earnings in “Other in-
come” on your tax return for the year you withdraw
Note. Non-prescription medicines (other than insulin)
the contributions and earnings.
purchased in tax years beginning after December 31,
2010, are not considered qualified medical expenses. See
Qualified medical expenses
under What’s New, earlier.
If you fail to remain an eligible individual during
!
any of the testing periods, discussed earlier, the
For HSA purposes, expenses incurred before you es-
amount you have to include in income is not an
tablish your HSA are not qualified medical expenses. State
CAUTION
excess contribution. If you withdraw any of those amounts,
law determines when an HSA is established. An HSA that
the amount is treated the same as any other distribution
is funded by amounts rolled over from an Archer MSA or
another HSA is established on the date the prior account
from an HSA, discussed later.
was established.
Deducting an excess contribution in a later year. You
If, under the last-month rule, you are considered to be
may be able to deduct excess contributions for previous
an eligible individual for the entire year for determining the
years that are still in your HSA. The excess contribution
contribution amount, only those expenses incurred after
you can deduct for the current year is the lesser of the
you actually establish your HSA are qualified medical ex-
following two amounts.
penses.
Your maximum HSA contribution limit for the year
Qualified medical expenses are those incurred by the
minus any amounts contributed to your HSA for the
following persons.
year.
1. You and your spouse.
The total excess contributions in your HSA at the
beginning of the year.
2. All dependents you claim on your tax return.
3. Any person you could have claimed as a dependent
Amounts contributed for the year include contributions
on your return except that:
by you, your employer, and any other person. They also
include any qualified HSA funding distribution made to
a. The person filed a joint return,
your HSA. Any excess contribution remaining at the end of
b. The person had gross income of $3,700 or more,
a tax year is subject to the excise tax. See Form 5329.
or
Distributions From an HSA
c. You, or your spouse if filing jointly, could be
claimed as a dependent on someone else’s 2011
You will generally pay medical expenses during the year
return.
without being reimbursed by your HDHP until you reach
the annual deductible for the plan. When you pay medical
For this purpose, a child of parents that are di-
expenses during the year that are not reimbursed by your
vorced, separated, or living apart for the last 6
TIP
HDHP, you can ask the trustee of your HSA to send you a
months of the calendar year is treated as the
distribution from your HSA.
dependent of both parents whether or not the custodial
You can receive tax-free distributions from your HSA to
parent releases the claim to the child’s exemption.
pay or be reimbursed for qualified medical expenses you
You cannot deduct qualified medical expenses as
incur after you establish the HSA. If you receive distribu-
!
an itemized deduction on Schedule A (Form
tions for other reasons, the amount you withdraw will be
1040) that are equal to the tax-free distribution
CAUTION
subject to income tax and may be subject to an additional
from your HSA.
20% tax. You do not have to make distributions from your
HSA each year.
Insurance premiums. You cannot treat insurance pre-
miums as qualified medical expenses unless the premi-
If you are no longer an eligible individual, you can
ums are for:
still receive tax-free distributions to pay or reim-
TIP
burse your qualified medical expenses.
1. Long-term care insurance.
Generally, a distribution is money you get from your
2. Health care continuation coverage (such as cover-
health savings account. Your total distributions include
age under COBRA).
amounts paid with a debit card that restricts payments to
3. Health care coverage while receiving unemployment
health care and amounts withdrawn from the HSA by other
compensation under federal or state law.
individuals that you have designated. The trustee will re-
port any distribution to you and the IRS on Form 1099-SA,
4. Medicare and other health care coverage if you were
Distributions From an HSA, Archer MSA, or Medicare
65 or older (other than premiums for a Medicare
Advantage MSA.
supplemental policy, such as Medigap).
Page 8
Publication 969 (2011)

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