What is the HSA audit penalty?

Asked by: Leda Kshlerin  |  Last update: January 27, 2026
Score: 4.4/5 (4 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use your money for non-qualified expenses, the IRS imposes a hefty HSA withdrawal penalty of 20 percent on the amount withdrawn.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 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.

How do I avoid the HSA penalty?

To avoid a tax penalty, many advisors recommend you stop contributing to your HSA at least 6 months before you apply for Medicare. NOTE: It may take several weeks to process a request to stop any automatic contributions.

What is the 20 penalty for HSA?

Other Distributions

Any HSA withdrawal you make without a qualified medical expense will be subject to income taxes. In addition to the income tax, you'll have to pay an additional 20% tax on the withdrawal. The taxes you pay on an unqualified HSA withdrawal will add up quickly.

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.

🚨Huge Tax Penalty Alert🚨 Stop using your HSA account

20 related questions found

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.

Does IRS check HSA receipts?

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.

What is the HSA account loophole?

The ultimate loophole available to almost everyone under the age of 65 in our tax code is the Health Savings Account (HSA). It is the only account you can contribute to and deduct the contribution and then withdraw the money tax free. Think about that, a tax deduction going in and no taxes going out.

What if I accidentally used my HSA card for groceries?

If you catch the transaction early enough, you might even be able to contact the retailer and ask them to reverse the charge and fill it on a new card. If you bought something in person, you can also return it to the store and then buy it again with a different card.

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.

Can I leave my HSA off my taxes?

You can claim a tax deduction for contributions you, or someone other than your employer, make to your HSA even if you don't itemize your deductions on Schedule A (Form 1040). Contributions to your HSA made by your employer (including contributions made through a cafeteria plan) may be excluded from your gross income.

What is the 6 month penalty for HSA contributions?

HSA and Medicare 6-month rule

Let's say you apply for Medicare Part A (hospital insurance) after you turn 65. Your Medicare coverage — and your HSA ineligibility — will apply retroactively for up to 6 months. So you may have to pay a 6% excise tax on any money you contributed to your HSA during that period.

How can I get money out of my HSA without penalty?

Can my HSA be used for anything other than qualified health care expenses? One benefit of the HSA is that after you turn age 65, you can withdraw money from your HSA for any reason without incurring a tax penalty. You are, however, subject to normal income tax on any non-qualified withdrawals.

How far back can the IRS audit HSA?

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.

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.

What is most likely to trigger an audit?

Not reporting all of your income is an easy-to-avoid red flag that can lead to an audit. Taking excessive business tax deductions and mixing business and personal expenses can lead to an audit. The IRS mostly audits tax returns of those earning more than $200,000 and corporations with more than $10 million in assets.

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 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.

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.

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 disadvantage of HSA account?

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.

How far back can I submit receipts for HSA?

HSA reimbursements need matching receipts.

For example, an employee can reimburse themself in 2022 for an expense incurred in 2010, as long as they have the receipt from 2010.

Can you use HSA for dental?

Your HSA also covers expenses for standard dental cleanings and dental check-ups. One thing to keep in mind is that some of these procedures may have a co-payment, so it's important that you check with your dental insurance provider to find out exactly what you'll have to pay out of pocket.

What happens to your HSA when you turn 65?

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 HSA get reported to IRS?

Instructions for IRS Forms 1099-SA and 5498-SA. IRS Form 8889 is used to report HSA contributions, distributions and your tax deductions. You will complete this form using IRS Forms 1099-SA and 5498-SA provided by HSA Bank.