What happens if I use my HSA for ineligible expenses?

Asked by: Nikki Moore IV  |  Last update: March 26, 2025
Score: 4.9/5 (52 votes)

However, you would need to pay ordinary tax and an additional penalty of 20% on any funds that are withdrawn for an ineligible expense. You are responsible for determining if an expense is an eligible medical expense and maintaining receipts for tax reporting and potential IRS audit purposes.

What happens if you use HSA for something not eligible?

If you do not have eligible expenses to claim that match up with your total HSA withdrawals during the year, then you're getting into trouble. No criminal charges, but the IRS will treat those non-eligible withdrawals as taxable (instead of tax-free) plus you get hit with an additional 20% penalty.

What happens if you accidentally use your HSA for non-medical expenses?

After you report the mistake to the custodian, the custodian reports it to the IRS. Reimburse the HSA. If you've mistakenly used HSA funds for nonqualified expenses, you must repay the distribution amount back into your HSA by the tax filing deadline for the year in which the distribution occurred.

What is the penalty for using HSA for non-qualified expenses?

Non-Qualified Expenses

If you take a non-qualified distribution, you are subject to ordinary income tax on the distribution and a 20% penalty tax.

What happens if I use my HSA for the wrong thing?

You can repay the incorrect distribution before filing your federal taxes for that tax year. However, if you do not correct the mistake, the unqualified amount will be subject to income tax, and you may also face an additional 20% tax penalty.

What if I use my HSA money for an ineligible expense?

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What triggers an HSA audit?

Does HSA spending trigger an audit? The IRS doesn't monitor how you spend your HSA funds throughout the year, but that doesn't mean they won't ask for proof that your expenses were eligible. And if your tax return contains unrelated IRS audit red flags, your risk for an HSA audit could increase.

Can I get in trouble for using HSA money?

When health savings accounts aren't used for their intended purposes, account holders are often assessed penalties. When an account holder under the age of 65 uses their health savings account's funds for non-medical expenses, they have to pay income tax on the money spent plus a 20-percent penalty.

How does IRS know if you use HSA for non medical?

Verification of expenses is not required for HSAs. However, total withdrawals from your HSA are reported to the IRS on Form 1099-SA. You are responsible for reporting qualified and non-qualified withdrawals when completing your taxes.

What happens to HSA if you don't use it all?

Myth #2: If I don't spend all my funds this year, I lose it. Reality: HSA funds never expire. When it comes to the HSA, there's no use-it-or-lose-it rule. Unlike Flexible Spending Account (FSA) funds, you keep your HSA dollars forever, even if you change employers, health plans, or retire.

What happens if I use my HSA for Botox?

Can you use HSA funds to pay for Botox? If you're using Botox for cosmetic purposes like reducing wrinkles or fine lines, it's not considered an HSA-eligible expense. However, Botox may be HSA eligible if it's used to treat a medical condition like chronic migraines, severe muscle spasms, or overactive bladder.

What if I accidentally bought food on my HSA?

Yes, you read that correctly—even if you accidentally paid for a burger with your HSA debit card, you will have to report it on your annual income tax return and pay taxes on it. If you're under 65 and spend the money on unqualified purchases, you must also pay a 20% penalty on top of the income tax.

How can I avoid HSA penalty?

The bottom line

If you contribute too much money to your health savings account (HSA), you may face additional taxes and penalties. But you can avoid a tax penalty by withdrawing the total amount of excess contributions from your HSA before the tax deadline.

Can you use HSA for gym membership?

Gym memberships. While some companies and private insurers may offer discounts on gym memberships, you generally can't use your FSA or HSA account to pay for gym or health club memberships. An exception to that rule would be if your doctor deems fitness medically necessary for your recovery or treatment.

When can I take money out of my HSA for non-medical?

Use the funds for anything (once you turn 65)

You can now spend your HSA funds on whatever you want, not just qualified medical expenses.

Can I use my HSA for massage?

Your HSA can pay for massage therapy, though you'll likely need a letter of medical necessity (LMN) from your doctor. An LMN states what condition the treatment is for, how many sessions you need, and any other relevant details. An HSA may also be used on alternative or holistic treatments, such as: Massage therapy.

Can I use my HSA to pay for dental insurance premiums?

By using untaxed dollars in an HSA to pay for deductibles, copayments, coinsurance, and some other expenses, you may be able to lower your out-of-pocket health care costs. HSA funds generally may not be used to pay premiums.

What is the downside of an HSA?

Drawbacks of HSAs include tax penalties for nonmedical expenses before age 65, and contributions made to the HSA within six months of applying for Social Security benefits may be subject to penalties. HSAs have fewer limitations and more tax advantages than flexible spending accounts (FSAs).

Can I use my HSA card for groceries?

No, you can't use your Flexible Spending Account (FSA) or Health Savings Account (HSA) for straight food purchases like meat, produce and dairy. But you can use them for some nutrition-related products and services. To review, tax-advantaged accounts have regulatory restrictions on eligible products and services.

Can you empty your HSA?

As a practical matter, you are allowed to withdraw funds from your HSA at any time for any reason. But if you aren't using the funds to cover a qualified medical expense, then you'll be stuck paying a penalty tax.

Does HSA spending get audited?

When using an HSA debit card, retain receipts for each transaction as those expenses will be reported to the IRS, and you could be audited.

What is the 12 month rule for HSA?

It means you must remain eligible for the HSA until December 31 of the following year. The only exceptions are death or disability. If you violate the testing period requirement, your ineligible contributions become taxable income.

What happens if I don't report my HSA on taxes?

Other relevant forms include Form 8889 for HSA reporting on your tax return and IRS Form 5329 for excess contributions. Not reporting contributions or distributions for your HSA can result in penalties and interest, affect taxable income calculations, require amended returns, and increase the risk of an IRS audit.

What if I accidentally used my HSA card for groceries?

If you realize you've made a mistake and want to correct it, simply return the money to your HSA and you will avoid the additional penalty. If you do not return the money to your HSA, it will be counted as taxable income, and even worse, you'll have to pay a 20% penalty.

What happens if I use my HSA for non-qualified expenses?

Non-qualified medical expenses

The federal penalty for using HSA funds for non-qualified expenses is 20 percent if you are under age 65, plus the loss of tax-free treatment for the distribution. Keep itemized receipts and copies of prescriptions for over-the-counter drugs in case of an IRS audit.

Can I use HSA for vitamins?

In general, vitamins are not considered an HSA eligible expense unless they are prescribed by a doctor for a specific medical condition. For example, if your doctor prescribes prenatal vitamins during pregnancy or recommends vitamin D supplements to treat a deficiency, those could be eligible expenses under your HSA.