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. 

"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.  

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

 

If not, please explain.