Author Topic: HSA question - dependents no longer covered by HDHP  (Read 759 times)

FiguringItOut

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HSA question - dependents no longer covered by HDHP
« on: December 22, 2021, 04:59:36 PM »
Back in 2016 and 2017 I had SELF+DEPENDENTS HDHP and had HSA account open and contributed family max.  The plan covered me and my two kids.  In 2018 their dad remarried and kids are now covered by his wife's insurance.  I contribute max to my self HSA annually.

I think I heard a while back that if HSA account was open when kids were covered by the plan then their medical expenses can be covered by HSA even if they are no longer covered by that plan.  Is that true?  I can't seem to find any information on this.

Also, in 2019 my company closed that HSA account and moved us to a different HSA account.  So at that time, I transferred all of the old HSA account to Fidelity.  Would this be a problem if I in fact can use HSA to cover their expenses. 

I do not use any funds in HSA account to pay out of pocket medical costs so accounts (Fidelity and current company account) are fully invested but I may need to take some money out of HSA for some large expenses in 2022-2023. I currently have about $10K of my medical expenses over 2017-2021 that I can pull out but also there would be close $12K of kids' expenses that I can document and support from 2019-2021, all after they left my plan.



secondcor521

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Re: HSA question - dependents no longer covered by HDHP
« Reply #1 on: December 22, 2021, 05:11:06 PM »
Withdrawals from your HSA for medical expenses for your dependents are qualified.  You can confirm this by reading the section on qualified distributions in the instructions for Line 15 of Form 8889 at irs.gov (https://www.irs.gov/pub/irs-pdf/i8889.pdf, page 6, rightmost column).

Given your family situation, your kids may or may not have been your dependents over the past several years.  As I read it, you would be able to use medical expenses for your kids in those tax years in which you claimed them as dependents on your tax return.  Whether or not you claimed them as dependents on your tax return is probably determined by your divorce decree or the equivalent agreement in your state.  (In years when your ex-husband claimed the kids, it's unclear to me whether the kids' medical expenses would qualify, but I would think not.)

The other rule that may matter but probably doesn't is that the expenses in question have to have been incurred after you opened the HSA.  But that should be an easy bar to clear.

Back in 2016 and 2017 I had SELF+DEPENDENTS HDHP and had HSA account open and contributed family max.  The plan covered me and my two kids.  In 2018 their dad remarried and kids are now covered by his wife's insurance.  I contribute max to my self HSA annually.

This is fine, assuming that the years in which your kids were covered on your plan and the years you contributed the family max were the same years, and that the years they were not on your plan that you contributed the self-only max.

I think I heard a while back that if HSA account was open when kids were covered by the plan then their medical expenses can be covered by HSA even if they are no longer covered by that plan.  Is that true?  I can't seem to find any information on this.

No, that is irrelevant.  What matters is if they are your dependent.  See my general comments above.

Also, in 2019 my company closed that HSA account and moved us to a different HSA account.  So at that time, I transferred all of the old HSA account to Fidelity.  Would this be a problem if I in fact can use HSA to cover their expenses. 

Totally irrelevant, and thus not a problem.

I do not use any funds in HSA account to pay out of pocket medical costs so accounts (Fidelity and current company account) are fully invested but I may need to take some money out of HSA for some large expenses in 2022-2023. I currently have about $10K of my medical expenses over 2017-2021 that I can pull out but also there would be close $12K of kids' expenses that I can document and support from 2019-2021, all after they left my plan.

Again, what matters is if they were your dependent during the years they incurred the expenses.  See above.
« Last Edit: December 22, 2021, 05:21:10 PM by secondcor521 »

Queen Frugal

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Re: HSA question - dependents no longer covered by HDHP
« Reply #2 on: December 22, 2021, 05:22:14 PM »
I agree with all @secondcor521 said except that I don't think it matters if you actually claim your kids as dependents on your tax return.  I think the question is whether or not you could claim them.  There are special rules for divorced parents.  Here is a thread for you:

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/can-i-use-hsa-for-my-child-who-is-dependent-of-my-ex-and-is-not-covered-by-my-insurance/00/73794


secondcor521

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Re: HSA question - dependents no longer covered by HDHP
« Reply #3 on: December 22, 2021, 05:55:11 PM »
I agree with all @secondcor521 said except that I don't think it matters if you actually claim your kids as dependents on your tax return.  I think the question is whether or not you could claim them.  There are special rules for divorced parents.  Here is a thread for you:

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/can-i-use-hsa-for-my-child-who-is-dependent-of-my-ex-and-is-not-covered-by-my-insurance/00/73794

I was sort of avoiding that part for a couple of reasons.

In some places in the IRS documentation it is whether they are your dependent; in other places it's whether you could claim them as your dependent.  (I forget where these discrepancies exist, but someone over on BH mentioned them with citations just a few days ago.)  So that's one thing.

The other thing is that in the case of divorced parents, it wasn't clear to me how those rules worked.  I did just go through the flowchart for AARP Tax Aide, and it does appear that in the typical case (*), as long as OP is one of the biological parents (i.e., not a stepparent), then they can claim medical expenses for the dependent, and if they can claim medical expenses then I think it's reasonable to conclude that they can make qualified HSA distributions for that dependent.

(*) There are unusual situations which I'm ignoring, like if the dependent provided more than half of their support, or if the child filed MFJ, etc.

FiguringItOut

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Re: HSA question - dependents no longer covered by HDHP
« Reply #4 on: December 22, 2021, 06:40:22 PM »
Thank you @secondcor521 and @Queen Frugal

Our situation is that we alternate claiming one kid each year.  So in 2019 I claimed older kid and he claimed younger kid.  In 2020 we switched.  So at the very least I can claim 2019 expenses for older and 2020 expenses for younger.  The thing is medically speaking the younger kid is the expensive one.  I can support $6K out of pocket for her in 2020.  But there are $5K of expenses for her in 2019 that I may or may not be able to claim.  Also, both kids got braces in 2020 for $5K each.  So at least I can claim one of them.  Looks like at the minimum I should be able to pull out $11K out of HSA in 2022-2023 if I need to.  At maximum if I could use both of the, it would be $21K. Plus $10K of my own expenses. 
I think that should be sufficient to cover my upcoming expenses in the next couple years.  I'll just keep very good records of all transactions.
Thank you both for thorough and quick responses.
I'll do more reading of IRS code linked above.

Queen Frugal

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Re: HSA question - dependents no longer covered by HDHP
« Reply #5 on: December 23, 2021, 06:38:03 AM »
I am in the same situation - divorced with alternating claiming years.  I have always used my HSA to cover my child's medical expenses incurred in the years that I did not claim them on my tax return.  If anyone turns up research that says this can't be done, please share!  I agree with @secondcor521 that it isn't straight forward.