jtax
Level 9

Deductions & credits

A HSA account is owned by only one person (like an IRA). However, withdrawals from a HSA account can be made tax-free for eligible health care expenses of the owner, spouse, and qualifying dependents. 

So either you have an HSA account or you don't based on the name on the account.

You can only get a deduction for a contribution to your individual HSA if you the owner has an eligible plan and you make the contribution. It is probably ok if the other spouse makes the contribution because that would be considered a gift, but that might not be the case.

from https://www.irs.gov/publications/p969#en_US_2016_publink1000204025

Each spouse who is an eligible individual who wants an HSA must open a separate HSA. You can’t have a joint HSA.


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