What happens if you break HSA rules?

Asked by: Dr. Wendy Reichert DDS  |  Last update: August 15, 2023
Score: 4.2/5 (19 votes)

IRS penalty and taxable income
Prior to age 65, if you use your money for non-qualified expenses, the IRS imposes a hefty HSA withdrawal penalty of 20 percent on the amount withdrawn. For example, if you spend $500 on non-qualified expenses, your penalty will be $100.

What happens if you misuse HSA?

How to fix HSA card mistakes. Unfortunately, you can't just let mistakes like this slide. You can be charged a 20% penalty if you use your HSA funds to pay for a non-qualified medical expense, which would have been $70 in my case (not to mention traditional income taxes would apply, too).

Does the IRS audit HSA accounts?

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. You are also responsible for saving all receipts as verification of expenses in the case of an IRS audit.

How can I avoid HSA penalty?

After you reach age 65 or if you become disabled, you can withdraw HSA funds without penalty, but the amounts withdrawn will be taxable as ordinary income if not used for qualified medical expenses. Can I withdraw the funds from my HSA at any time?

Can I get in trouble for using HSA money?

IRS penalty and taxable income

Prior to age 65, if you use your money for non-qualified expenses, the IRS imposes a hefty HSA withdrawal penalty of 20 percent on the amount withdrawn. For example, if you spend $500 on non-qualified expenses, your penalty will be $100.

Health Saving Account / HSA Rules and Information UPDATED for 2022

17 related questions found

Can a company keep your HSA money?

Even if you opened your HSA in association with a high deductible health plan (HDHP) you got from your job, the HSA itself is yours to keep. All of the money in it—including contributions your employer made, contributions you made, and interest or investment growth—belongs to you.

Does IRS ask for receipts for HSA?

Always save your receipts and supporting documentation for your records. While Benefit Resource will not ask you to provide a receipt for an HSA expense, you are responsible for maintaining documentation of account use in the event that you are ever audited by the IRS.

How far back can HSA be audited?

The math of how long you should save your HSA records include the year the expenses were made, three years for the first audit window, and three years for the second audit window. Save the receipts for a total of seven years. Scenario 2: Save receipts and reimburse yourself later tax free.

Does HSA check receipts?

Recordkeeping Requirements

Essentially, any money that comes out of your HSA must have a receipt showing it was for an eligible medical expense.

Do I need to report my HSA if I didn't use it?

Contributions made to your HSA by your employer may be excluded from your gross income. The contributions remain in your account until you use them. The earnings in the account aren't taxed. Distributions used to pay for qualified medical expenses are tax-free.

What is the shoebox rule for HSA?

The shoebox strategy is a long-term savings strategy for hacking your HSA's tax advantages. Instead of using your HSA to reimburse yourself immediately after incurring an eligible medical expense, you wait to reimburse yourself (and lessen the burden of your tax bill since withdrawals are tax-free).

Do HSA accounts follow you?

Your HSA is your account

This account doesn't belong to your employer, so you get to take it with you wherever you go, even if your new employer doesn't offer HSAs or provide HSA contributions.

Can I use HSA for dental?

You can also use HSAs to help pay for dental care. While dental insurance can help cover costs, an HSA can also help cover any out-of-pocket expenses resulting from dental care and procedures.

Can I reimburse myself from HSA without receipt?

As long as the qualifying medical expense was made after the establishment of your HSA, you can use your HSA to pay yourself back for your out-of-pocket expense. And while it isn't required that you submit receipts to be reimbursed from your HSA, we recommend it in case of an IRS audit.

How likely will I get audited?

For one thing, your chances statistically of being audited are not likely. The vast majority of more than approximately 150 million taxpayers who file yearly don't have to face it. Less than one percent of taxpayers get one sort of audit or another. Your overall odds of being audited are roughly 0.3% or 3 in 1,000.

How is HSA reported to IRS?

File Form 8889 to: Report health savings account (HSA) contributions (including those made on your behalf and employer contributions). Figure your HSA deduction. Report distributions from HSAs.

Who owns the money in an HSA?

The HSA account and all contributions are owned by the individual (you). It is yours even if you change jobs, change medical plans, move, change your marital status, etc. You decide when and how to use the money in your account.

Can you invest in an HSA without an employer?

If an HSA does not come with your HDHP, you can set up the account on your own. 1 Banks, credit unions, and brokerages all offer HSAs. Each HSA provider can create its own terms. HSAs through a brokerage even allow you to invest your contributions in stocks, bonds, or funds.

Can I pay for Invisalign with HSA?

Absolutely, you can use your HSA or FSA to pay for Invisalign aligners based on the same criteria listed above. While typically more expensive than braces, Invisalign aligners are practically invisible and removable, making them a great option for many Kristo Orthodontic patients— especially teens and adults.

Can you use HSA for Botox?

Botox: HSA Eligibility

Botox injections are not eligible for reimbursement with a flexible spending account (FSA), health savings account (HSA) health reimbursement arrangement (HRA), dependent care flexible spending account (DCFSA) or a limited-purpose flexible spending account (LPFSA).

Can I buy a toothbrush with HSA?

While it seems like they would fit under the dental care umbrella, general self-care items like toothpaste, toothbrushes, and floss are not FSA or HSA eligible. Same goes for specialized or medicated toothpastes. Here's a short (and not exhaustive list) of items that are not eligible for reimbursement: Braces wax.

Can you put toilet paper on HSA?

Toiletries are not eligible for reimbursement with a flexible spending account (FSA), health savings account (HSA), health reimbursement arrangement (HRA), limited-purpose flexible spending account (LPFSA) or a dependent care flexible spending account (DCFSA).

Why can't you buy diapers with HSA?

The IRS views infant diapers as products that are necessary for "general health" purposes, as incontinence is a normal and healthy function of the body for an infant and therefore ineligible for reimbursement.

Can HSA be used for baby items?

In addition to baby monitors being eligible for FSA or HSA reimbursement some common baby items are also FSA or HSA eligible. Though each Flexible Spending Account (FSA) and Health Savings Account (HSA) has its own rules, the following baby gear items may be eligible as well: Breast Pump. Bottles.

Can you use HSA for pregnancy massage?

Under IRS guidelines, prenatal massage can be a qualified medical expense using a Healthcare Savings Account (HSA) or Flexible Spending Account (FSA) if your healthcare provider recommends it with a written prescription. To find out more, talk with your HSA or FSA administrator and your healthcare provider.