What happens if you misuse HSA?

Asked by: Athena Emard  |  Last update: November 3, 2025
Score: 4.8/5 (40 votes)

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 happens if I misuse HSA funds?

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).

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.

What happens if you use your HSA for other things?

But what happens if you use your HSA for non-medical expenses? Here's what to consider. Any withdrawn funds that are not used for eligible medical expenses are included in gross income and may be subjected to taxation.

How does the 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 Your Health Savings Account (HSA) When You Die?

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Is it illegal to use HSA money for anything?

You generally can't use HSA funds to pay premiums. Once you turn 65, you can use the money in your HSA for anything you want. If you don't use it for qualified medical expenses, it counts as income when you file your taxes.

Does the IRS ask for HSA receipts?

The IRS requires that you keep receipts for all your Health Savings Account (HSA) spending. HSA distributions (money taken from an HSA account) are nontaxable, but only when the money is used to pay for qualified medical expenses.

What is the penalty for misusing HSA?

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 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.

Can I use my HSA for gym membership?

Generally, the IRS doesn't allow pretax dollars in HSAs or FSAs for gym memberships. This is because they see them as expenses for general well-being rather than medical necessity. However, with a Letter of Medical Necessity (LMN), your HSA or FSA could be used to fund those expenses.

What is HSA receipt loophole?

The Adult Child HSA Family Contribution Loophole

That's why you can do things like save receipts for decades and then pull the money out of the account. That's why you can use it as a stealth IRA by investing in it for decades and then pulling it out after age 65 penalty-free and buying a sailboat with it.

How does IRS verify HSA distributions?

Taxpayers are not required to take annual distributions from their HSA. However, taxpayers who have taken HSA distributions will receive Form 1099-SA, Distributions from an HSA, Archer MSA, or Medicare Advantage MSA, from their HSA trustee and must provide it before the return can be completed.

Can I use my HSA to pay for yoga?

Fitness fees do not immediately qualify as eligible HSA/FSA expenses, but they do qualify if a provider recommends exercise to prevent or treat a medical condition. To qualify those expenses for reimbursement with an HSA/FSA administrator, you need a Letter of Medical Necessity from a provider.

Does IRS audit HSA?

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 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 happens if you accidentally use your FSA card?

If the Benefits Card is accidentally or intentionally utilized for ineligible expenses, you are responsible for reimbursing your account. You will be notified if you have an ineligible expense and your Benefits Card may be deactivated until your account is reimbursed.

What are the most common mistakes for HSA?

Common HSA mistakes and how to avoid them
  • Using an HSA when you're not eligible. ...
  • Paying for ineligible expenses. ...
  • Contributing too much to your account. ...
  • Paying someone else's medical bills. ...
  • Using all of your funds. ...
  • Using both an HSA and FSA. ...
  • Stay ahead of mistakes with HSA Store.

Can I use my HSA for skincare?

This means that any skin care costs that count towards your deductible, such as prescription medications or dermatologist visits, can be paid for using HSA funds.

Can I buy tampons with HSA?

Yes! Thanks to the CARES Act, tampons are now considered a “medical expense.” That means you can use pre-tax income to pay for them through your HSA. More questions about tampons?

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.

What happens if you use HSA money for non-medical?

**Short Answer: **Non-medical HSA distributions are subject to ordinary income tax at all ages, and they are also subject to a 20% additional tax for individuals who are under age 65. Unlike a health FSA or HRA, the HSA can be used for both medical and non-medical expenses.

What happens if you accidentally Overcontribute to HSA?

What happens if I contribute more than the IRS annual maximum? If your HSA contains excess or ineligible contributions you will generally owe the IRS a 6% excess-contribution penalty tax for each year that the excess contribution remains in your HSA. It is recommended you speak with a tax advisor for guidance.

How does IRS know what you spend HSA on?

When you file form 8889 as part of your tax return you list the amount of the HSA distributions that you received. The IRS also gets a copy of the form 1099-S so they know how much that is. You also list the amount of that money that was used for allowable medical expenses.

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.