< Back to IRS

Beatrice Marshall

HSA and HDHP Family Coverage - Confused on HDHP Qualification Requirements

I recently maxed out my HSA last year ($7,750) following IRS rules after starting a new job with a qualifying HDHP plan ($2,000 deductible). My spouse has her own insurance through work but doesn't contribute to an HSA. Here's where I'm confused... her employer got acquired by another company, and now we're trying to figure out if her plan qualifies as what the IRS considers a HDHP. She didn't enroll in either an HSA or FSA, but her deductible was over $2,000. So my questions are: What exactly makes a plan a HDHP according to IRS rules? Is there a specific dollar threshold? Since we can't tell for sure, should I just have my bank reverse the $3,850 that's over the single coverage limit? Or since we're married and both have deductibles over $2,000, are we good? Is it even worth fixing if the penalty is only 6%? (Though I'm guessing I'd also owe regular income tax on any excess contributions?) UPDATE: She just checked with her HR department who said her plan is NOT a HDHP despite having a deductible over $1,600. Now I'm completely lost!!

Melina Haruko

•

You're right to be confused! HDHP qualification isn't just about the deductible - there are several requirements a plan must meet. For 2024, an HDHP must have a minimum deductible of $1,500 for individual coverage or $3,000 for family coverage. But that's not the only criteria - the plan also needs to have an out-of-pocket maximum no higher than $7,500 for individual or $15,000 for family coverage. Additionally, HDHPs can't cover non-preventive expenses before the deductible is met (with limited exceptions). If your wife's plan covers any non-preventive care before meeting the deductible (like co-pays for doctor visits before hitting the deductible), it's not an HDHP regardless of the deductible amount. This sounds like what might be happening with her plan. Based on what you've shared, you're likely only eligible for the individual HSA contribution limit ($4,150 for 2024). I'd recommend reversing the excess contribution to avoid penalties.

0 coins

Thanks for the explanation! Does that mean my wife isn't "HSA eligible" even though she didn't sign up for one? I thought as long as she didn't enroll in any disqualifying coverage I could still do family HSA contributions? Also, is there a deadline for reversing these excess contributions before penalties kick in?

0 coins

Melina Haruko

•

Your wife's eligibility for an HSA isn't about whether she enrolled in one - it's about whether she has qualifying HDHP coverage. If her plan isn't an HDHP (which it sounds like it's not based on her HR's confirmation), then no, she's not HSA-eligible, and this would limit your contribution to the individual amount. For reversing excess contributions, you have until your tax filing deadline (including extensions) to remove the excess amounts without the 6% penalty. So for 2024 contributions, you have until April 15, 2025 (or October 15, 2025 if you file an extension).

0 coins

Reina Salazar

•

Just went through this exact situation! I was so frustrated trying to figure out if I could contribute the family maximum to my HSA. What helped me was using https://taxr.ai - it analyzed my insurance plan documents and confirmed that my plan wasn't a qualifying HDHP despite having a high deductible. Turns out the key issue was that my plan covered specialist visits with just a copay before meeting the deductible, which disqualifies it as an HDHP. The tool looked through all my plan details and flagged this exact issue that the insurance company never explained clearly. Saved me from making an excess contribution I would've had to reverse later. It also showed me exactly which IRS rules applied to my specific situation.

0 coins

How accurate was it? My insurance docs are like 40 pages of jargon and my HR dept seems clueless when I ask specific tax questions.

0 coins

Demi Lagos

•

Wait, so having copays for specialists before meeting the deductible makes a plan non-HDHP? My plan has a $3,200 deductible but $40 specialist copays from the beginning. Does that mean I've been contributing incorrectly to my HSA???

0 coins

Reina Salazar

•

It was surprisingly accurate - I uploaded my Summary of Benefits document (the one that usually shows all the copays and coverage details) and it identified the specific provisions that disqualified my plan. It even cited the exact IRS publication sections that applied to my situation. Yes, that's exactly right. If your plan covers non-preventive services before you meet your deductible (like having set copays for specialist visits regardless of whether you've met your deductible), then it's not a qualifying HDHP. Many people miss this detail because they focus only on the deductible amount. Your plan with $3,200 deductible but $40 specialist copays from the start would indeed not qualify as an HDHP, which would affect your HSA contribution limits.

0 coins

Demi Lagos

•

Just wanted to follow up on this thread. I took the advice and tried taxr.ai after my initial panic about my HSA contributions. Uploaded my benefits summary and it confirmed exactly what was suspected - my plan isn't a qualifying HDHP because of those specialist copays before deductible. The tool highlighted the specific section in my plan documentation and explained the exact IRS requirements it violated. I've already contacted my HSA administrator to correct my contribution amounts for this year and made arrangements to reverse the excess from last year. Honestly wish I'd known this sooner rather than just assuming "high deductible = HDHP" - could've saved myself some headache!

0 coins

Mason Lopez

•

Had similar issues trying to figure out my HSA eligibility! After hours on hold with my insurance company, I discovered Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in about 20 minutes instead of the usual 2+ hour wait. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent explained that not only did I need to consider the deductible amount, but also whether my wife had disqualifying coverage (which includes non-HDHPs, general FSAs, Medicare, etc). He walked me through the specific scenario and confirmed I needed to reduce my contribution to the individual limit. Definitely recommend having an actual conversation with the IRS about this - there are so many exceptions and special cases that online research alone didn't clear up for me.

0 coins

Vera Visnjic

•

Does this actually work? I've tried calling the IRS like 5 times and always gave up after an hour on hold. How much does it cost?

0 coins

Jake Sinclair

•

Sounds too good to be true. No way you got through to the IRS that fast. They're notoriously impossible to reach, especially during tax season. I doubt this is legit.

0 coins

Mason Lopez

•

It absolutely works! The system calls the IRS and navigates all the phone menus for you, then when they're about to connect you to an agent, you get a notification to join the call. I was skeptical at first too because I had spent literally hours trying to reach someone before. They use a combination of technology and human operators to keep your place in line - I'm not sure exactly how the backend works, but from a user perspective, you just get a call when an agent is ready instead of waiting on hold yourself. They don't advertise the cost on their site, but it was worth every penny for the time saved and getting a definitive answer from the IRS directly.

0 coins

Jake Sinclair

•

Just wanted to say I ended up trying Claimyr after my skeptical comment above. I'm genuinely shocked it worked. Got connected to an IRS agent in about 35 minutes (which is still way better than the 3+ hours I waited last time). The agent confirmed that for HSA family contribution limits, BOTH spouses need to be on qualifying HDHPs, or you need to have family coverage on a single HDHP plan. Got my question answered about excess contributions too - you can either withdraw them before filing taxes or report them on Form 5329 and pay the 6% excise tax. Never thought I'd say this, but I actually had a productive conversation with the IRS! Will definitely use this service again for tax questions.

0 coins

Just want to add - one thing you might want to check is if your wife's plan is a "qualified small employer health reimbursement arrangement" (QSEHRA) or other arrangement. Those have specific rules regarding HSA eligibility too. Also, another option: if you discover you made excess contributions for previous years and missed the deadline to withdraw without penalty, you can still fix it. You'd pay the 6% excise tax for the year of excess contribution, then either withdraw the excess or "apply" it to the current year's contribution limit if you're still eligible.

0 coins

Thanks for this info! I'm gonna look into the QSEHRA thing - her employer is pretty small, so maybe that applies. I'm still within the deadline to withdraw last year's excess contribution without penalty, thankfully. Kinda frustrated that my HR department just said "yes, your plan is HSA-eligible" without explaining all these other factors. Seems like nobody knows the full rules.

0 coins

QSEHRA plans are fairly rare but worth checking if you're at a small employer (under 50 full-time employees). They can affect HSA eligibility depending on how they're structured. You're definitely not alone in your frustration. Even many HR professionals don't fully understand the nuances of HSA eligibility rules. There's a big difference between having a plan with a high deductible and having what the IRS specifically defines as a "High Deductible Health Plan" for HSA purposes. The key differences usually involve those pre-deductible benefits like copays for office visits or prescription coverage before meeting the deductible.

0 coins

Honorah King

•

What about using the "last-month rule" for HSA contributions? If your plan qualifies as an HDHP on December 1st, you can contribute the full year's amount. But you have to remain HSA-eligible for the "testing period" (through Dec 31 of the following year). If i were you id double check if your wife's new plan (after the company acquisition) might qualify as an HDHP, even if her old one didnt.

0 coins

Oliver Brown

•

The last-month rule only helps if at least one of them has family HDHP coverage though. It doesn't apply if they both have separate individual coverage - in that case they'd each be limited to the individual contribution amount regardless of the December 1st status.

0 coins

Luca Romano

•

This is such a common confusion! I went through something similar when my spouse switched jobs mid-year. Here's what I learned from my CPA: The key issue is that for HSA purposes, you're only eligible for family contribution limits if you have actual family HDHP coverage OR if both spouses have qualifying individual HDHP coverage. Having separate individual plans where only one qualifies as an HDHP means you're limited to the individual contribution amount. Since your wife's HR confirmed her plan is NOT an HDHP (even with the high deductible), you're definitely looking at individual limits only. The good news is you caught this before the tax filing deadline, so you can reverse the excess without the 6% penalty. One thing to watch out for - when you reverse the excess contribution, make sure your HSA administrator also removes any earnings on that excess amount. Those earnings need to be reported as income for the year they're distributed. Also, if your wife gets new coverage through the acquisition that IS an HDHP, you could potentially use the last-month rule for future years, but that wouldn't help with your 2024 situation.

0 coins

Landon Morgan

•

This is really helpful, thank you! I'm new to all this HSA stuff and honestly had no idea there were so many rules beyond just having a high deductible. The earnings removal part is something I definitely wouldn't have thought of - would my HSA administrator handle that automatically when I request the excess contribution reversal, or do I need to specifically ask them to calculate and remove the earnings too? Also, just to make sure I understand correctly - even if my wife's new plan after the acquisition ends up being a qualifying HDHP, that wouldn't retroactively fix my 2024 over-contributions, right? I'd still need to reverse the excess for this year and could only potentially contribute the family amount starting in 2025?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today