We spent our FSA funds by 11/30/16 and had HDHP insurance effective 12/1/16. The FSA plan for the company was not closed until 12/31/16 although our individual account was -0- @ 11/30. We opened an HSA bank account on 12/1. Can we contribute the full amount for 2016 in the amount $6750 by 4/15/17? Also is the IRS notified when the FSA is closed by company FEIN or individual social security numbers? Thank you - this is confusing.
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Yes, under the "last-month" rule, you can contribute to your HSA up to the full 2016 limit on contributions ($3,350 if you have self-only HDHP coverage or $6,750 if you have family HDHP coverage). This contribution can be made up to the filing date for Form 1040, April 18, 2017.
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). Since you were no longer covered by your FSA and your HDHP coverage was effective December 1, you are eligible for the month of December and considered eligible for all of 2016.
Please be aware of the following rule, taken from IRS Pub. 969 Health Savings Accounts and Other Tax-Favored Health Plans:
"Testing period. If contributions were made to your HSA based on you being an eligible individual for the entire year under the last-month rule, you must remain an eligible individual during the testing period. For the last-month rule, the testing period begins with the last month of your tax year and ends on the last day of the 12th month following that month. For example, December 1, 2015, through December 31, 2016.
If you fail to remain an eligible individual during the testing period, other than because of death or becoming disabled, you will have to include in income the total contributions made to your HSA that would not have been made except for the last-month rule. You include this amount in your income in the year in which you fail to be an eligible individual. This amount is also subject to a 10% additional tax. The income and additional tax are calculated on Form 8889, Part III."
Regarding your question as to how the closing of the FSA is reported, that question could be best answered by your employer or plan administrator.
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