@Osuclm wrote:
Yes, the contribution is reported on a W2 from his previous employer, along with imputed income on term life insurance. It's categorized under box 12d, letter W. This is a benefit of me still being on the company's medical insurance even tho he is on Medicare. And yes, I am on a HDHP as my only medical insurance.
He can't contribute to an HSA (or have contributions by someone else) if he is on Medicare, or he will pay a penalty. What should be happening is that the company makes deposits to an HSA in his name. Then, he removes them as "excess contributions" before the April 15 tax deadline (to avoid the penalties), and then you can turn around and deposit the same amount of money in an HSA in your own name, and get a tax deduction.
Are you sure the HSA is in your name? Remember that an HSA can only be owned by one individual, and there is no such thing as a joint HSA. You could each have a separate HSA, and if his HSA is at a bank sponsored by his former workplace and your workplace does not sponsor an HSA for you, you can open an HSA in your own name at many other private banks or brokers. You might have to pay a slightly higher monthly maintenance fee.
I don't know if the current situation is legal and I have no idea how to report it. You may want to contact your own tax specialist. To have a Turbotax expert review the situation you would have to upgrade to either the Live Assist or Full Service versions.
@dmertz can you suggest anything I am missing?
