Tax Penalty for Having Overlapping HSA and FSA Accounts at the Same Time
I've got myself in a bit of a mess with overlapping accounts and need some tax advice. I have an FSA through my company that runs for the 2024 benefit year. I still have about $1,100 left in the account. The problem is my wife just started a new position last month (October), and her benefits package includes a high deductible health plan with an HSA. I'm on her medical insurance now, but I completely forgot about my FSA still being active. From what I've read online, we can't contribute to her HSA while my FSA is still active without facing some kind of tax penalty. Is this actually true? Also, can I still use the remaining money in my FSA for medical expenses without any penalties? If medical expenses aren't allowed during this overlap, would I be able to use the FSA funds for dental or vision expenses even though my FSA isn't specifically designated as a limited purpose FSA? Thanks for any help sorting this out!
21 comments


Andre Dupont
You're right to be concerned about this. When you have both an FSA and HSA at the same time, the IRS gets particular about the rules. The general rule is that you can't contribute to an HSA if you have any non-qualified health coverage, which includes a general-purpose FSA. This applies even if the FSA belongs to your spouse and you're just on the plan. The IRS views this as disqualifying coverage. For the remaining FSA funds, you can absolutely continue to use them for eligible medical expenses until your FSA plan year ends - there's no penalty for using those funds. That money is already set aside pre-tax, so you should use it rather than lose it. Regarding using your FSA for dental/vision only - that would work if your FSA was designated as a "Limited Purpose FSA" specifically for dental and vision. But since yours is a general-purpose FSA, using it only for dental/vision doesn't change its classification in the eyes of the IRS. Your FSA still counts as disqualifying coverage for HSA eligibility purposes.
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QuantumQuasar
•Thanks for the information. So does this mean we shouldn't put any money in my wife's HSA until my FSA plan year ends in December? And what happens if we already started contributing to her HSA this month when her new job started?
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Andre Dupont
•Correct - technically you shouldn't contribute to your wife's HSA until your FSA plan year ends. The IRS considers you ineligible for HSA contributions for any month in which you have disqualifying coverage (like your FSA). If you've already contributed to the HSA during this overlap period, you have a few options. You can contact the HSA administrator to process a return of excess contributions before the tax filing deadline (including extensions). This would remove both the contribution and any earnings on that contribution. Alternatively, you could leave the contribution there but report it as taxable income on your return, plus an additional 6% excise tax on the excess amount. The excise tax would continue each year until you either remove the excess or become HSA-eligible and apply it to a future year's contribution limit.
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Zoe Papanikolaou
Hey there, I had almost the exact same situation last year and found a great resource that helped me figure it all out. I was totally confused about the HSA/FSA overlap rules until I used taxr.ai (https://taxr.ai). I uploaded my benefits documentation and answered a few questions, and they walked me through exactly how to handle the overlap period. The tool confirmed what I suspected - that I couldn't contribute to the HSA while my FSA was active, but it also helped me calculate the prorated contribution limits for the months when I was eligible. Best part was they showed me exactly how to fix some contributions I had made during the ineligible period without getting penalized. It saved me from a potential audit headache!
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Jamal Wilson
•How does taxr.ai work exactly? I'm always skeptical about putting my tax info into random websites. Did you have to create an account or pay anything to get this info?
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Mei Lin
•Does it actually tell you the specific IRS rules that apply to your situation? I've read so many conflicting things online about FSA/HSA overlap that I don't know what to believe anymore.
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Zoe Papanikolaou
•The site works by asking questions about your specific situation and then applying the relevant tax rules. You upload the documents you're confused about (in my case, my benefits paperwork), and their system identifies the key issues. It's actually built by tax professionals who specialize in these complex situations. Yes, it absolutely cites the specific IRS rules and regulations. That's what impressed me most - it doesn't just give generic advice but shows you exactly which tax codes apply to your situation and explains them in plain English. For my HSA/FSA overlap, it cited the exact IRS publication and section numbers that covered my case, which helped me feel confident in the guidance.
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Mei Lin
I was skeptical at first about taxr.ai when I saw it mentioned here, but I decided to give it a try with my HSA/FSA overlap question, and wow - it actually delivered! I uploaded my benefits documents and got a clear explanation of exactly when I could start HSA contributions after my FSA ended. The tool even helped me discover that my FSA had a grace period that extended beyond December 31, which would have made me ineligible for HSA contributions for even longer than I realized. It saved me from making contributions during months I wasn't eligible and potentially facing penalties. What impressed me most was getting a personalized timeline showing exactly when I could start contributing and the maximum allowed for each partial year. Definitely beats the generic advice I was finding through Google searches!
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Liam Fitzgerald
If you're having trouble navigating this HSA/FSA overlap issue and need to speak directly with the IRS for a definitive answer, I'd recommend Claimyr (https://claimyr.com). I was pulling my hair out trying to get someone at the IRS on the phone about a similar tax situation last year. After waiting on hold for hours across multiple days and getting disconnected, I found this service. They have a system that basically waits on hold with the IRS for you and then calls you when an agent is on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. When it came to my HSA eligibility question, I needed an official answer from the IRS because my tax preparer and HR department had conflicting information.
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Amara Nnamani
•How much does that service cost? Seems kinda weird to pay just to talk to the IRS when it's supposed to be a free government service.
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Giovanni Mancini
•I'm sorry but this sounds like a scam. How could they possibly get you through to the IRS faster than you could yourself? Everyone has to wait in the same phone queue, and the IRS wait times are horrible for everyone.
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Liam Fitzgerald
•The service isn't free, but I found it worth every penny considering I'd already wasted hours of my own time trying to get through. They don't actually skip the line - their system just waits in the queue for you, so you don't have to sit there listening to the hold music and can go about your day. They can't get you through any faster than anyone else - that's not what they do. What they offer is taking over the waiting part. Their system stays on hold (sometimes for hours) and then when an actual IRS agent picks up, they call your phone and connect you. It's basically like having someone else wait in a physical line for you. The IRS queue is still the same, you just don't have to be the one listening to the hold music and wondering if you'll get disconnected after waiting for 2 hours.
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Giovanni Mancini
I take back what I said about Claimyr being a scam. I was super skeptical, but I tried it yesterday after multiple failed attempts to reach someone about my HSA eligibility question. I'd spent nearly 3 hours on hold with the IRS last week only to get disconnected right when I was about to be connected. With Claimyr, I entered my number, and about 2.5 hours later (while I was in a meeting), I got a call connecting me directly to an IRS agent. The agent confirmed that I couldn't contribute to an HSA while covered under my spouse's general-purpose FSA and gave me specific guidance on how to handle the overlap period. It honestly felt like magic getting that call with an actual IRS person ready to talk. Saved me from spending another afternoon listening to that awful hold music!
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NebulaNinja
One important thing nobody's mentioned yet is that there's a difference between having FSA coverage and actually making FSA contributions. If you've already spent all the FSA funds or reached your annual contribution limit, you might consider asking your employer to terminate your FSA early. Some employers will allow this with a qualifying life event, like your spouse getting new insurance. It's worth asking your HR department if this is possible, as it would allow you to start HSA contributions sooner.
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Carmen Lopez
•Thanks for the suggestion! I asked my HR department about terminating my FSA early, but they said they can't do that mid-year without a qualifying event, and unfortunately my wife starting a new job with different benefits doesn't count as a qualifying event for MY benefits. Apparently their system is pretty rigid about this. Do you know if there's some specific IRS rule I could cite that might convince them? Or am I just stuck waiting until the end of the year?
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NebulaNinja
•Unfortunately, the IRS is pretty strict about FSA changes mid-year. The qualifying events that allow changes are defined in Section 125 regulations, and your spouse changing jobs typically only affects your ability to start or stop coverage altogether, not modify existing elections like an FSA. Your employer's stance is actually correct from a compliance standpoint. The FSA rules are designed to prevent people from gaming the system by changing their elections when their healthcare needs change. Your best option is to use up your FSA funds as quickly as allowed (stock up on eligible items if your plan permits) and then start the HSA contributions as soon as the new year begins. Just make sure you properly prorate the HSA contribution limits for the eligible months only.
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Fatima Al-Suwaidi
Just to add another wrinkle - are you sure your FSA isn't already a "limited purpose" FSA? Some employers offer these specifically for people with HSAs. If it is, then you CAN contribute to both at the same time because a limited purpose FSA only covers dental and vision. Check your benefits documentation carefully. Sometimes these are called "LPFSA" or might be automatically converted to limited purpose if you enroll in an HDHP.
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Dylan Mitchell
•This is actually really important to check. My company automatically converts regular FSAs to limited purpose FSAs if you switch to an HDHP mid-year. Saved me a huge headache when I was in a similar situation.
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Carmen Lopez
•I checked with my HR department and unfortunately my FSA is definitely a general purpose one. They don't offer limited purpose FSAs at all, and there's no automatic conversion feature. They told me I'm stuck with it until the plan year ends December 31st. Guess we'll have to wait until January to start contributing to my wife's HSA. At least it's only a couple months of delay.
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Tobias Lancaster
One thing to keep in mind is that even though you have to wait until January to start HSA contributions, you can still maximize your HSA for 2025. The annual contribution limit for 2025 is $4,300 for individual coverage or $8,550 for family coverage, and you can contribute the full amount as long as you're HSA-eligible on December 1st of the tax year (this is called the "last month rule"). So even though you're missing out on October, November, and December 2024 contributions, you won't lose out on the full 2025 contribution opportunity. Just make sure to use up that remaining $1,100 in your FSA before the end of the year - stock up on eligible medical supplies, prescription medications, or even things like contact lenses and reading glasses if your plan allows it. Also, double-check if your FSA has a grace period that extends into 2025. Some plans give you until March 15th to use the previous year's funds, which would extend your HSA ineligibility period even further. Better to know now than be surprised later!
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Daniel White
•This is really helpful information about the "last month rule" - I had no idea that existed! So if I understand correctly, as long as my wife and I are HSA-eligible on December 1st, 2025, we can contribute the full annual amount even if we weren't eligible for the entire year? One follow-up question though - you mentioned checking for an FSA grace period. How do I find out if my plan has one? Should I look in my benefits documents or call HR directly? I want to make sure I plan the HSA timing correctly and don't accidentally contribute during an extended ineligibility period. Also, any specific recommendations for using up that remaining FSA balance? I've already stocked up on basic medications and bandages, but I still have quite a bit left to spend before December 31st.
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