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HSA When Spouse has Secondary Non-HDHP Coverage

I have family coverage through my employer on an HDHP that is HSA eligible. My spouse is included on this coverage. She also has secondary coverage through her parents plan (not yet 26) that is a non-HDHP. 


Am I still eligible to open and contribute to an HSA, even if we are planning to file a joint tax return? 

I know my spouse obviously cannot open an HSA or contribute since she is covered by a non-HDHP plan, but I’m not sure about myself since we will be filing jointly.


As I understand the law, I should be able to contribute since I am not covered under any non-HDHP plans, but I obviously want to make sure this is the case. 


2 Replies
Not applicable

HSA When Spouse has Secondary Non-HDHP Coverage

you are correct. you are eligible.

Qualifying for an HSA
To be an eligible individual and qualify for an HSA, you must meet the following requirements.
• You are covered under a high deductible health plan (HDHP). 
• You have no other health coverage except what is permitted under Other health coverage, later (specialize insurance such as for cancer, dental vision) 
• You aren’t enrolled in Medicare.
• You can’t be claimed as a dependent on someone else’s 2019 tax return.
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).
If you meet these requirements, you are an eligible individual even if your spouse has non-HDHP family coverage, provided your spouse’s coverage doesn’t cover you.

Opus 17
Level 15

HSA When Spouse has Secondary Non-HDHP Coverage

As long as you are not covered on any other plan, then you can make tax deductible contributions to an HSA.  Note that this includes a spouse’s FSA—If your spouse has an FSA on their insurance, then because it can be used to pay for a care for their spouse which is you, it disqualifies you from making HSA contributions.  This may not currently affect you, but it is a speed bump that surprises many couples.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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