Form 5305-B - Health Savings Trust Account Page 2

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Form 5305-B (Rev. 10-2016)
Page
Article VII
If the account owner dies before the entire interest in the account is distributed, the entire account will be disposed of as follows:
1. If the beneficiary is the account owner’s spouse, the HSA will become the spouse’s HSA as of the date of death.
2. If the beneficiary is not the account owner’s spouse, the HSA will cease to be an HSA as of the date of death. If the beneficiary is the account
owner’s estate, the fair market value of the account as of the date of death is taxable on the account owner’s final return. For other beneficiaries,
the fair market value of the account is taxable to that person in the tax year that includes such date.
Article VIII
1. The account owner agrees to provide the trustee with information necessary for the trustee to prepare any report or return required by the IRS.
2. The trustee agrees to prepare and submit any report or return as prescribed by the IRS.
Article IX
Notwithstanding any other article that may be added or incorporated in this agreement, the provisions of Articles I through VIII and this sentence are
controlling. Any additional article in this agreement that is inconsistent with section 223 or IRS published guidance will be void.
Article X
This agreement will be amended from time to time to comply with the provisions of the Code or IRS published guidance. Other amendments may be
made with the consent of the persons whose signatures appear below.
Article XI
Article XI may be used for any additional provisions. If no other provisions will be added, draw a line through this space. If provisions are added, they
must comply with the requirements of Article IX.
Account owner’s signature
Date
Trustee’s signature
Date
Witness’ signature
(Use only if signature of account owner or trustee is required to be witnessed.)
What's New
persons, each spouse who is eligible to open
dependents (as defined in section 152) but
an HSA and wants to contribute to an HSA
only to the extent that such amounts are not
Additional Tax Increased. For tax years
must establish his or her own account. An
compensated for by insurance or otherwise.
beginning after December 31, 2010, the
employer identification number (EIN) is
With certain exceptions, health insurance
additional tax on distributions not used for
required for an HSA for which a return is filed
premiums are not qualified medical expenses.
qualified medical expenses increases from
to report unrelated business taxable income.
Trustee. A trustee of an HSA must be a
10% to 20%.
An EIN is also required for a common fund
bank, an insurance company, a person
created for HSAs.
General Instructions
previously approved by the IRS to be a
High Deductible Health Plan (HDHP). For
trustee of an individual retirement account
Section references are to the Internal Revenue
calendar year 2011, an HDHP for self-only
(IRA) or Archer MSA, or any other person
Code.
coverage has a minimum annual deductible of
approved by the IRS.
$1,200 and an annual out-of-pocket
Purpose of Form
Specific Instructions
maximum (deductibles, co-payments and
Form 5305-B is a model trust account
other amounts, but not premiums) of $5,950.
Article XI. Article XI and any that follow it may
agreement that has been approved by the
In 2012, the $1,200 minimum annual
incorporate additional provisions that are
IRS. An HSA is established after the form is
deductible remains the same and the annual
agreed to by the account owner and trustee.
fully executed by both the account owner and
out-of-pocket maximum increases to $6,050.
The additional provisions may include, for
the trustee. The form can be completed at any
For calendar year 2011, an HDHP for family
example, definitions, restrictions on rollover
time during the tax year. This account must
coverage has a minimum annual deductible
contributions from HSAs or Archer MSAs
be created in the United States for the
of $2,400 and an annual out-of-pocket
(requiring a rollover not later than 60 days
exclusive benefit of the account owner.
maximum of $11,900. In 2012, the $2,400
after receipt of a distribution and limited to
minimum annual deductible remains the same
Do not file Form 5305-B with the IRS.
one rollover during a one-year period),
Instead, keep it with your records. For more
and the annual out-of-pocket maximum
investment powers, voting rights, exculpatory
increases to $12,100. These limits are subject
information on HSAs, see Notice 2004-2,
provisions, amendment and termination,
2004-2 I.R.B. 269, Notice 2004-50, 2004-33
to cost-of-living adjustments after 2012.
removal of trustee, trustee’s fees, state law
I.R.B. 196, Pub. 969, Health Savings
Self-only coverage and family coverage
requirements, treatment of excess
Accounts and Other Tax-Favored Health
under an HDHP. Family coverage means
contributions, distribution procedures
Plans, and other IRS published guidance.
coverage that is not self-only coverage.
(including frequency or minimum dollar
amount), use of debit, credit, or stored-value
Definitions
Qualified medical expenses. Qualified
cards, return of mistaken distributions, and
medical expenses are amounts paid for
Identifying Number. The account owner’s
descriptions of prohibited transactions. Attach
medical care as defined in section 213(d) for
social security number will serve as the
additional pages if necessary.
the account owner, his or her spouse, or
identification number of this HSA. For married
5305-B
Form
(Rev. 10-2016)

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