New HSA - can I fund 2022?

[nbtexas]

I have a new HSA account (my husband retired and is now covered by Medicare as of 3/1/2023).  I was on his HDP for all of 2022 and remain on a HDP.  Can I fund my new HSA for 2022 even though the account did not become active until 2023?  I am self-employed and did not put any money into an HSA for 2022 - we previously funded an HSA (which paid any extra medical expenses for both of us) via my husband's job.

[PatriciaV]

No, you may not fund an HSA until you personally qualify with a HDHP and the HSA is established in your name. 

You can, however, fund the HSA that was active last year. For tax year 2022, you can make contributions up until April 18, 2023. The funds in an HSA remain with the employee, even if they retire or are terminated.

[Mike9241]

are you sure your husband had an HSA and not an FSA? if he had an HSA in 2022 contributions should show in box 12W of his w-2.

[dmertz]

PatriciaV's reply is incorrect.  If you were covered by a qualifying HDHP on December 1, 2022, you are eligible to contribute to an HSA for 2022.  The fact that the HDHP was not in your name is irrelevant as long as the HDHP covered you.

[nbtexas]

Yes, he was retired prior to age 65 and we paid medical through the company plan as part of his retirement package. It is definitely an HSA not FSA

[PatriciaV]

Yes, you may contribute to his HSA for 2022 until April 18, 2023.