Myself, my wife, and son all have individual HDHP health insurance. Do we qualify for a family HSA? If so can we contribute all of it to one HSA account?

[Opus 17]

No and no.

Most important is that you understand that each HSA is owned by one person only.  There is no such thing as a "family" HSA.  There is a family limit to tax-deductible contributions, if you are covered by family HDHP.

You and your spouse may each have a separate HSA to which you can make $3500 of contributions for 2019 ($3550 for 2020).  If covered by single HDHP as well, your son can open his own HSA account and contribute up to the same limits. 

[jbonnett]

Thank you for the reply.

I contributed $6900 to my HSA plan and my wife contributed $100 to her HSA plan. Based on your answer I have over contributed to my HSA plan. 

[BillM223]

As Opus says, there is no such thing as a Family HSA.

It is your HDHP policy that can be Family or Self-only. "Family" means the taxpayer and at least other person, even if that person is otherwise ineligible (they are on Medicare, have conflicting employer insurance, etc.).

Note that if either spouse has Family coverage, then both spouses must report Family HDHP coverage (even if their actual HDHP policy is Self-only).

However, having said all this, both spouses (and any other eligible person on the planet, in fact) can contribute to your HSA (or your spouse's). And you can use this HSA to make payments for qualified medical expenses for both spouses and any dependent (I don't know if your son is a dependent). So using just one HSA seems like a Family HSA, but it's not.

Note that if you have two HSAs, then the contribution limit for both HSAs covers all contributions to both HSAs in the aggregate, if you have Family HDHP coverage.

As Opus says, treat the son separately.

[Opus 17]

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@jbonnett wrote:

Thank you for the reply.

I contributed $6900 to my HSA plan and my wife contributed $100 to her HSA plan. Based on your answer I have over contributed to my HSA plan. 

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If you each have single plans, then yes, you over-contributed.  However, you can do a "withdrawal of excess contribution" from your account before April 15, to remove the excess $3400 and avoid a penalty, and then deposit up to $3400 in your wife's account as an additional 2019 contribution (also before April 15) and the moves will offset and leave you with the deduction you expected.

To make a deposit for 2019, make sure you tell the bank that's what you want to do.  It may be as simple as a dropbox on an online form, but you need to tell them you are making a 2019 deposit for it to count as 2019.

To withdraw the excess is likewise a special procedure and may require you fax or email a special form.  Don't make a regular withdrawal, because if you aren't paying for medical care, a regular withdrawal will be taxed and penalized. 

[jbonnett]

My HSA plan is set up as a family plan. I am not sure about my wife's. I've been trying to verify that my son and I were on individual plans (we are all on one family insurance plan now). I assume so as it was separate login's and separate bills.

[Opus 17]

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@jbonnett wrote:

My HSA plan is set up as a family plan. I am not sure about my wife's. I've been trying to verify that my son and I were on individual plans (we are all on one family insurance plan now). I assume so as it was separate login's and separate bills.

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Please be careful with your terminology.  There is no such thing as an "HSA plan". 

A qualified HDHP insurance plan can be single or family.

An HSA account is neither single nor family, it just exists.  Your tax deductible contribution limits are determined by what kind of medical insurance plan you have and can change from year to year if your insurance coverage changes.  

If you have a single HDHP insurance plan, and you told the HSA bank that you had family HDHP insurance, they might have set the wrong limits on the account, but that would be your mistake, not theirs.  

If you have a single HDHP insurance plan, you and your spouse's personal account limits are $3500 each. 

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Now for 2020, if you are covered by a family HDHP insurance plan, then both spouses are considered to be covered by family HDHP plans no matter whose name the insurance is under.  Your overall contribution limit to your HSA accounts is $7100, and your individual account limits for 2020 are also $7100, so for 2020 it would be permissible to contribute $7000 to one account and $100 to the other account.

Also note that for 2020, your son is still separate, even if he is covered by your family HDHP plan.  He can contribute separately to his own HSA account up to the family limit of $7100.  His limit is separate from yours.