Hdhp plan and hsa contribution

[marathiboy]

Hello,

I have HDHP family plan and will turn 55 this year. I am on my way contributing 7200 + 1000 for year 2021. Now wife finds a job that provides her non HDHP individual plan for free. She still will have HDHP plan as secondary ( I can't  cancel it for her). In this case, can I still contribute max 8200? 

Thanks

M

[Bsch4477]

Edited. 

[Mike9241]

from IRS publication 969

generally cannot have any health plan an individual (or spouse if filing jointly) that is not a HDHP 

Other health coverage. If you have HDHP coverage, you
can’t generally have any other health coverage. However,
you can still be an eligible individual even if your spouse
has non-HDHP coverage, provided you aren’t covered by
that plan.

so you can't contribute for her. your max contribution for 2020 is 3550+1000

[Bsch4477]

From the IRS:

Rules for married people. If either spouse has fam- ily HDHP coverage, both spouses are treated as having family HDHP coverage. If each spouse has family cover- age under a separate plan, the contribution limit for 2020 is $7,100. You must reduce the limit on contributions, be- fore taking into account any additional contributions, by the amount contributed to both spouses’ Archer MSAs. After that reduction, the contribution limit is split equally between the spouses unless you agree on a different divi- sion.
The rules for married people apply only if both spouses are eligible individuals.

@Mike9241 is correct. Since your wife is not an eligible individual since she is covered by a non HDHP you can only contribute the amount allowed for single coverage. 

[AmeliesUncle]

You can do the full $8200.

IRS 2008-59, Q&A#16:

Q-16. How do the maximum annual HSA contribution limits apply to an eligible individual with family HDHP coverage for the entire year if the family HDHP covers spouses or dependent children who also have coverage by a non-HDHP, Medicare, or Medicaid?

A-16. The eligible individual may contribute the § 223(b)(2)(B) statutory maximum for family coverage. Other coverage of dependent children or spouses does not affect the individual’s contribution limit, except that if the spouse is not an otherwise eligible individual, no part of the HSA contribution can be allocated to the spouse.

https://www.irs.gov/irb/2008-29_IRB#NOT-2008-59