BillM223
Expert Alumni

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Whether or not your boyfriend can be claimed as a dependent is a matter-of-fact and a matter of whether or not you actually claimed him. So it sounds like he has to admit to being able to be claimed as a dependent.

 

So, as Mike says, this disallows all contributions to HIS HSA. So what to do?

 

1. Claim him as YOUR dependent (it sounds like you already have).

2. This allows you to spend money out of your HSA on his medical expenses (such a person must be claimed as a dependent on your return).

3. Is your boyfriend filing his own return? If so, the following happens:

3.A. Because he can be claimed as a dependent, all contributions (whether by him or others) will be declared as in excess. 

3.B. He will contact the HSA custodian and ask for the withdrawal of excess contributions (in this case, all contributions) and the earnings they made while in the HSA.

3.C. The HSA custodian will send him a check for the excess and the earnings. 

3.D Since you have a family HDHP policy, you should have enough of an annual HSA contribution limit (I hope) so that you could send the excess contribution to your HSA.

4. Start doing tax planning now, because the above is true ONLY because your boyfriend can be claimed as your dependent. This fails if you get married or he makes more than $4,700 ( varies by year) or any number of things.

 

NOTE: items #3.A>D must be done by April 15th. Since you will do your return before you get the excess withdrawal check, you may have to float a loan for yourself, since you need to deposit your 2023 contribution to your own HSA by April 15th.

 

All this make sense?

 

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