HSA GUIDANCE AND LEGISLATION

Please use this page as an easy resource for accessing IRS guidance on HSAs.

To ask questions regarding these documents, please contact American Health Value at 800-914-3248 or Questions@AmericanHealthValue.com.

BASIC GUIDANCE ON HEALTH SAVINGS ACCOUNTS

IRS Notice 2004-2
Initial guidance provided by the IRS in 2004.

IRS Notice 2004-50
Clarifies and provides additional guidance on the 2004-2.

IRS Notice 2008-59
Additional guidance (best used in conjunction with 2004-2 and 2004-50).

ANNUAL DEDUCTIBLE AND CONTRIBUTION LIMITS

Revenue Procedure 2009-29
2010 Limits

Revenue Procedure 2008-29
2009 Limits

HSA FUNDING

IRS Notice 2008-51
Provides guidance on a qualified funding distribution from an individual’s IRA/RothIRA to an HSA.

IRS Notice 2008-52
First year funding rules when insurance is effective after January 1 and before December 2^nd.

EMPLOYER COMPARABLE CONTRIBUTIONS

Final Regulations on Employer HSA Contributions
Issued by the Treasury and IRS July 28, 2006. Contains final regulations regarding employer comparable contributions to HSAs. These regulations affect employers who contribute to employee HSAs.

Additional Regulations
Federal Register April 17, 2008. Provides additional guidance for employers when an employee has not established an HSA by December 31 and in instances where an employer accelerates contributions for a calendar year for employees who have incurred qualified medical expenses.

HSA IN CONJUNCTION WITH FLEXIBLE SPENDING ACCOUNTS (FSA) AND HEALTH REIMBURSEMENT ARRANGEMENTS

Revenue Ruling 2004-45
Interaction of an HSA with other health arrangements. Discusses Limited-Purpose and Post-Deductible FSAs and HRAs.

IRS Notice 2005-86
HSA eligibility during a cafeteria plan grace period.

IRS Notice 2007-22
Provides guidance on rollovers to an HSA from an FSA or HRA.

HELPFUL DOCUMENTS FOR TAX TIME

IRS Publication 969
Health Savings Accounts and Other Tax-Favored Health Plans. (For use in preparing tax returns.)

IRS Publication 502
Medical and Dental Expenses (Includes list of qualified and non-qualified expenses.)

IRS Form 8889 (2009)
Must be filed with your taxes if you have received contributions or distributions from your HSA during the calendar year.

8889 Instructions
For 2009