< Back to IRS

Javier Garcia

What is the HSA contribution limit for domestic partners filing separately in 2023?

I'm trying to figure out the HSA contribution limits while filing taxes for myself and my domestic partner (we file separately). I want to make sure we're both maximizing our HSA contributions without going over the limits. For my situation, I had a family HDHP (High Deductible Health Plan) for 7 months out of 2023, so I'm calculating my limit as $7,750 × 7/12 = $4,520.83. For my partner, they were covered under a High Deductible Health Plan for the entire 2023 year - first under their parents' plan and then under my family plan when they moved in with me. My understanding is they can contribute the full $7,750 for 2023. Does this sound right? I want to make sure we're both calculating our HSA contribution limits correctly before we finalize our tax returns. We've never had to deal with HSA contribution limits splitting across different plans before.

Your calculation for yourself is correct. Since you had family HDHP coverage for 7 months of 2023, you can contribute up to $7,750 × 7/12 = $4,520.83. However, for your domestic partner, the situation is more complicated. If they were covered as a dependent on your family plan, they cannot contribute to their own HSA. If they were covered on your plan but are not your tax dependent, they would need their own HDHP coverage in their name to be eligible for HSA contributions. Being covered under a parent's plan or your plan doesn't automatically give them their own contribution limit - they need to be the primary policyholder or spouse of the policyholder. Also note that domestic partners don't get the same tax treatment as married couples for HSAs. Each person must qualify individually for their own HSA contribution limits.

0 coins

Thanks for the clarification. My partner isn't my tax dependent, but they were added to my insurance as a domestic partner. They don't have their own separate HDHP policy though - they're just covered under mine. Does this mean they can't contribute to their own HSA at all? What about the months they were under their parents' plan? They were 25 for half of 2023 if that matters.

0 coins

If your partner is covered only as a domestic partner on your plan (not as a policyholder), they typically cannot make their own HSA contributions based on that coverage. The IRS treats domestic partners differently than spouses. For the months they were under their parents' plan, it depends on whether they were still claimed as a tax dependent. If they were no longer a tax dependent and had their own HDHP coverage (not just listed on the parents' family plan), they could contribute based on those months only. Being under 26 allows them to stay on a parent's health plan, but doesn't automatically make them eligible for HSA contributions unless they have their own policy or are no longer a tax dependent.

0 coins

I had similar confusion with HSA limits and found https://taxr.ai super helpful for these situations. I uploaded my insurance documents and tax forms, and it guided me through the exact contribution limits based on my coverage periods and plan types. For domestic partners, it gets tricky because the IRS doesn't recognize domestic partnerships like marriages, so each person needs to qualify individually. My partner and I were in a similar situation where I had coverage through my employer for part of the year, and the tool helped us avoid overconstoojution penalties by calculating the prorated limits correctly.

0 coins

How exactly does this work? Will it tell me if my partner qualifies for their own HSA? We're filing separately but I'm concerned that we might mess up the contribution limits since we had coverage changes throughout the year.

0 coins

I'm skeptical about using online tools for complicated tax situations. Does it actually understand the nuances of domestic partnership coverage vs. marriage? Seems like most tax software gets confused by anything outside the standard married/single scenarios.

0 coins

The tool analyzes your specific insurance documentation to determine who's eligible to contribute to an HSA based on your coverage details. It looks at policy holder status, coverage periods, and dependent relationships to determine the correct limits for each person. For complicated situations like domestic partnerships, the system distinguishes between being merely covered on a plan versus being eligible to make HSA contributions. It correctly identifies that domestic partners need their own qualifying coverage to contribute, unlike married spouses who can share family contribution limits.

0 coins

Tried the taxr.ai service mentioned above and it totally cleared up my domestic partner HSA confusion! I uploaded our insurance cards and coverage statements, and it immediately identified that my partner wasn't eligible for HSA contributions while on my plan, but could contribute for the months they had their own HDHP coverage. It even generated specific documentation explaining the regulation that applies to our situation so I can keep it with my tax records. Would've definitely over-contributed without knowing this rule. Now we're adjusting our final contributions before filing to avoid penalties. Definitely worth checking out if you have complicated coverage situations!

0 coins

If you're struggling to get clear answers from the IRS about HSA limits for domestic partners, I recommend using https://claimyr.com to connect with an actual IRS agent. I spent weeks trying to get through the normal IRS line about a similar HSA issue last year and kept getting disconnected or facing hours-long wait times. Claimyr got me connected to an IRS rep in about 20 minutes who confirmed exactly how the contribution limits work for non-married couples sharing health plans. They have a demo video at https://youtu.be/_kiP6q8DX5c that shows how it works. Saved me from making a costly mistake on my return.

0 coins

How do they actually get you through? I thought the IRS phone lines were basically impossible to reach a human on. Is there some special number or bypass they use?

0 coins

Sounds sketchy. How would a third-party service have better access to the IRS than calling directly? I'll stick with waiting on hold myself rather than paying someone else to do it.

0 coins

They use an automated system that waits on hold for you and calls you back when an actual IRS agent is on the line. It's the same IRS number everyone else calls, but their system navigates the phone tree and handles the waiting so you don't have to. It's not a special access point or anything - just technology that handles the frustrating part of waiting on hold. When I used it, I got a call back when an agent was ready to talk, and they answered my specific questions about how HSA contribution limits apply to domestic partners with shared health plans.

0 coins

I was totally skeptical about Claimyr, but after struggling for THREE DAYS trying to reach the IRS about my domestic partner HSA question, I finally tried it. Got connected to an IRS agent in about 15 minutes who confirmed that my partner can only contribute to an HSA if they're the primary on their own HDHP, not just as my domestic partner on my plan. The agent explained the specific regulation and even emailed me documentation about it. Would've made a $5,000+ contribution mistake if I hadn't gotten this clarified! Sometimes you need to hear it directly from the IRS to be sure.

0 coins

Something important that hasn't been mentioned - if your domestic partner has their own HSA from before you added them to your plan, they should probably do a removal of excess contributions form for any contributions made while covered only as your domestic partner. Otherwise they might face penalties. Form 5329 would need to be filed if they've already contributed for 2023 and weren't eligible. The penalty is 6% of the excess contribution amount for each year it remains in the account.

0 coins

Thank you - I think this might be our situation. My partner contributed about $3,200 to their HSA during 2023 thinking they were eligible. If they weren't eligible for any of it, how exactly do we handle the removal of excess contribution? Is that something we do before filing taxes or as part of filing?

0 coins

You need to withdraw the excess contribution plus any earnings on that contribution before the tax filing deadline (including extensions) to avoid the 6% penalty. Contact your HSA provider ASAP and specifically request a "return of excess contributions" - make sure they code it properly. The withdrawn excess contribution would then be included in your partner's taxable income for 2023. If you've already filed, you'd need to amend your return. If the excess isn't removed by the deadline, they'll need to file Form 5329 and pay the 6% penalty for each year the excess remains in the account.

0 coins

Just want to clarify something about HDHPs and HSA eligibility - even being covered under a qualifying HDHP doesn't automatically make someone eligible for HSA contributions. You also can't be covered by any non-HDHP coverage (with few exceptions like dental or vision) and can't be claimed as a tax dependent on someone else's return.

0 coins

I think there's a little more nuance here too - if the domestic partner was enrolled in Medicare for any part of the year (even just Part A), they would be ineligible to contribute to an HSA for those months, even if they otherwise had HDHP coverage.

0 coins

From my experience with a similar situation last year, the best approach is to make sure each person is only contributing based on the months where they were the policyholder or spouse of the policyholder (not just a domestic partner) on an HDHP. The IRS regulations are really specific that domestic partners don't get the same treatment as spouses for HSAs. Also remember that if you correct excess contributions before the tax filing deadline, the 6% penalty doesn't apply. But if you don't, you'll pay that penalty each year until corrected.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today