Can I contribute to a HSA if spouse is not on HDHP?

[mrshudson]

Hello,

This probably falls under the category of dumb questions, but a few clarifications. My employer started offering a HDHP starting this year and I'm considering switching:

1) Can I contribute to a HSA if I'm on a HDHP offered by my employer, and my spouse is not on a HDHP? Spouse gets coverage from spouse's employer. We file taxes as MFJ

2)  The earliest date I can switch to HDHP is going to be in December this year. Can I max out my HDHP in December to get a deduction on 2015 taxes? My employer doesn't offer a HSA per se, and I will have to fund it with after tax dollars and then claim a deduction.

I appreciate your advice. Thanks!

Edited to add: Neither me nor spouse is on FSA. I see that my situation is a slightly simplified version of this thread here:

http://forum.mrmoneymustache.com/ask-a-mustachian/fsa-hsa-last-month-rule-confused/

[I'm a red panda]

1) Yes- you can contribute to an HSA even if your spouse is on a non HDHP with their own employer.

Your spouse CANNOT use a healthcare FSA though. This is then considered "coverage" for you (because as spouse it can be used for your expenses); which makes you ineligible for an HSA.

2) Don't know.

[MDM]

Hello,

This probably falls under the category of dumb questions, but a few clarifications. My employer started offering a HDHP starting this year and I'm considering switching:

1) Can I contribute to a HSA if I'm on a HDHP offered by my employer, and my spouse is not on a HDHP? Spouse gets coverage from spouse's employer. We file taxes as MFJ

2)  The earliest date I can switch to HDHP is going to be in December this year. Can I max out my HDHP in December to get a deduction on 2015 taxes? My employer doesn't offer a HSA per se, and I will have to fund it with after tax dollars and then claim a deduction.

Does http://www.irs.gov/publications/p969/ar02.html#en_US_2014_publink1000204025 answer your questions?

[mrshudson]

Thanks, I actually posted because of that IRS page. :)

All was fine and dandy until I got to the examples on that page which led to some head scratching about the last month rule (partly reading comprehension fail on my part). I now understand it better - I can apply the last month rule, as long as I stay covered in the  HDHP plan as of December 31 of next year.

[MDM]

If you meant December 1 instead of December 31, then yes:

Under the last-month rule, you are considered to be an eligible individual for the entire year if you are an eligible individual on the first day of the last month of your tax year (December 1 for most taxpayers).