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Gator_123
Returning Member

How to prepare form 8889 for a family HSA and what if I decide to file married filing separately

Preparing my return and my spouse has a Family HSA for us.  How do I prepare the form 8889's and do we split the contribution if we decide to file Married Filing Separately?  Keep in mind that the HSA is funded by my spouse's company. 

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2 Replies
RobertB4444
Expert Alumni

How to prepare form 8889 for a family HSA and what if I decide to file married filing separately

If you're filing in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin) then when you file married filing separately you divide everything that each of you has on the tax return equally on form 8958 and the HSA and the 8889 will be divided equally.

 

If you're in a community property state and allocating your income that way then this link should help.

 

If you are in any other state then each of you enters the information from your own tax forms onto your own return and files that way.  In which case the HSA just goes on his return and he marks that he has a family plan.

 

[Edited 04/2/24  12:34 PM PST]

 

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How to prepare form 8889 for a family HSA and what if I decide to file married filing separately

An HSA is owned by one single individual, there is no such thing as a joint or family HSA.  You might be covered by a family medical insurance plan, but the HSA itself is solely owned by one person.  Report the HSA contributions and withdrawals on the owner's tax return only. 

 

Incidentally, if you are married, and you are covered by a family HDHP, you are allowed to open and contribute to an HSA in your own name even if you are not the holder of the insurance policy.  You share the family maximum contribution limit with your spouse but you can divide it any way you like.  For example, for 2023, the family contribution limit (assuming both spouses are under age 55) was $7750.  If your spouse contributed $5000 through her job, then either you or her could contribute up to an additional $2750 (2023 contributions can be made up to April 15, 2024).  Many banks and brokers will open an HSA for you, there is likely to be a small monthly service charge if not supported by an employer.  And the tax savings is slightly better for workplace plans since they save income tax and social security and medicare tax.  But you can have your own account separate from your spouse if you want to split your finances that way.  

 

Once funded, an HSA can be used to pay the qualifying expenses for self, a spouse, and dependents, so there are no special limits on using the funds whether or not you and your spouse have separate accounts. 

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