Business owner, family HDHP, HSA spouse

[ksworrell31]

I am a business owner, and my family has a family HDHP through my company. I understand that I may not contribute pre-tax dollars to an HSA. Can my spouse contribute pre-tax to their HSA account separately even though we are on the same HDHP plan?

[Mike9241]

where did you read that or why do you think that? you may have left something important out.

the only requirements to be able to contribute to an HSA 

1)you must be covered under a HDHP and not covered under any non-HDHP except those for dental, vision, accidents, disability, long-term care, specific diseases or illnesses, a fixed amount per day for hospitalization  

2) cannot be enrolled in medicare.

3) can't be claimed as a dependent.

the account can be in either your name or your spouse's name. you can split the family maximum between the two accounts any way you want. there is no such thing as a joint HSA. an HSA can be used to pay either spouse's and their dependents unreimbursed medical expenses

read chapter 3 of IRS PUB 969 for more info

https://www.irs.gov/pub/irs-pdf/p969.pdf 

[ksworrell31]

Hi Mike, 

Thanks for your response! My concern is that as the business owner, I cannot contribute pre-tax dollars to an HSA account. My husband (who does not work for me), is on the same health plan through my company (I pay for a family HDHP through my company for all of us). So is he still free to contribute pre-tax dollars to his own HSA account? (even though his HDHP is through my company)

[Mike9241]

you say he is covered by the HDHP you have with your company. that's all that's required provided the other conditions I cited are met. if your employer contributes to your HSA and/or you have payroll deductions for contributing to your HSA, those go towards reducing the maximum you or your spouse can contribute personally. 

[ksworrell31]

Okay yes he meets all of those requirements. But I just want to make sure you see it's not an "employer" plan, I am the business owner/employer myself. And as the business owner I have to consider health insurance as part of my income and cannot take out money pre-tax for HSAs. So I'm just unsure whether he, as the spouse of the business owner supplying the health plan, can take out money pre-tax to put into his HSA account.