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amf100
Returning Member

Re: HSA and FSA

@xmasbaby0  Yes, I am referring to my spouse who I am legally married to. 

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3 Replies
KristinaK
Employee Tax Expert

Re: HSA and FSA

If your FSA was a general-purpose FSA, then having it disqualifies you and your spouse from contributing to an HSA. It doesn't matter whether you file jointly or separately. 

To rectify this, your spouse's employer will need to withdraw the contribution. 

There are certain exceptional situations when contribution to an HSA while having other health plans is possible. In case that is the situation, please take a look here

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Re: HSA and FSA

"My  significant other and I were on different insurances last year. They were on a HDHP, I was not. I contributed $200.00 to my FSA. They had an HSA that they did not contribute to, but their employer contributed $1000.00 to in the same year. I have already used my FSA money. Does it matter if we filed jointly or not? Is this allowed for tax purposes? And if it isn't, how do I fix it? Would I ask my significant other's HSA provider to remove 1000.00 dollars as an excess contribution to fix it so I don't get a penalty?"

 

For 2024, your spouse is disqualified from making any contributions to an HSA.  Because your FSA covers yourself and your spouse, it counts as "other coverage" that disqualifies your spouse from making HSA contributions, even if you did not actually use your FSA for your spouse's expenses.

 

Are you still "covered" by an FSA?  (Whether or not there is money in it?). We need more details to discuss your options for 2025.

 

For your 2024 tax return,

a) did you file your return on time, or

b) did you get an extension before the deadline, or

c) are you working on your return late, without an extension?

 

Your options regarding the penalty depend on your answers to that question.  

Re: HSA and FSA

What is a "significant other?"  Are you legally married?  

 

If not, please explain.  

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