Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ions/i8889/2022/a/xml/cycle02/source (Init. & Date) _______ Page 1 of 7 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2022 Instructions for Form 8889 Health Savings Accounts (HSAs) Section references are to the Internal Revenue Reminders • You acquired an interest in an HSA Code unless otherwise noted. because of the death of the account Personal protective equipment. beneficiary. See Death of Account Future Developments Amounts paid for personal protective Beneficiary, later. equipment (PPE), such as masks, hand For the latest information about If you (or your spouse, if filing sanitizer, and sanitizing wipes, for use by you, your spouse, or your developments related to Form 8889 and ! jointly) received HSA its instructions, such as legislation CAUTION distributions in 2022, you must dependent(s) to prevent the spread of enacted after they were published, go to file Form 8889 with Form 1040, Form COVID-19 are eligible medical IRS.gov/Form8889. 1040-SR, or Form 1040-NR, even if you expenses that may be paid or reimbursed from an HSA. See have no taxable income or any other What’s New Announcement 2021-7 at IRS.gov/IRB/ reason for filing Form 1040, Form Telehealth and other remote care ex- 2021-15_IRB#ANN-2021-7. 1040-SR, or Form 1040-NR. tended. The Consolidated Cost of home testing for COVID-19. Appropriations Act 2022 extends the The cost to diagnose COVID-19 is an Definitions availability of telehealth and other eligible medical expense for tax Eligible Individual remote care for HSAs. In the case of purposes, which means the cost of months beginning after March 31, 2022, home testing for COVID-19 for you, your To be eligible to have contributions and before January 1, 2023: spouse, or your dependent(s) may be made to your HSA, you must be 1. An eligible individual may have paid or reimbursed from an HSA. See covered under a high deductible health separate coverage for telehealth and IRS.gov/Newsroom/IRS-Cost-of-Home- plan (HDHP) and have no other health other remote care in addition to a high Testing-for-COVID-19-Is-Eligible- coverage except certain disregarded deductible health plan. Medical-Expense-Reimbursable-Under- coverage. If you are an eligible 2. A high deductible health plan may FSAs-HSAs. individual, anyone can contribute to your HSA. However, you cannot be have no deductible (or a deductible enrolled in Medicare or be another below the minimum annual deductible) General Instructions person's dependent. An individual does for telehealth and other remote care not fail to be treated as an eligible services. Purpose of Form individual for any period merely Use Form 8889 to: Surprise billing for emergency serv- because the individual receives hospital ices or air ambulance services. For • Report health savings account (HSA) care or medical services under any law plan years beginning after 2021: contributions (including those made on administered by the Secretary of 1. An individual who is otherwise your behalf and employer contributions), Veterans Affairs for a service-connected eligible to contribute to an HSA will not • Figure your HSA deduction, disability. You must be, or be fail to be considered an eligible • Report distributions from HSAs, and considered, an eligible individual on the individual because the individual • Figure amounts you must include in first day of a month to take an HSA receives benefits from a health plan income and additional tax you may owe deduction for that month (see under anti-“surprise billing” laws. if you fail to be an eligible individual. Last-month rule next). 2. A health plan that is otherwise an Additional information. See Pub. Last-month rule. If you are an eligible HDHP will not fail to be considered an 969, Health Savings Accounts and individual on the first day of the last HDHP because it provides benefits Other Tax-Favored Health Plans, for month of your tax year (December 1 for under anti-“surprise billing” laws without more details on HSAs. Also, see the most taxpayers), you are considered to satisfaction of the HDHP deductible. Instructions for Form 1040 and the be an eligible individual for the entire Instructions for Form 1040-NR. year, so long as you remain an eligible Note. Federal and state individual during the testing period as anti-“surprise billing” laws generally discussed below. protect policyholders from “surprise Who Must File billing” by compelling health plans to You must file Form 8889 if any of the Testing period. You must remain provide coverage for items like following applies. an eligible individual during the testing emergency medical services, some • You (or someone on your behalf, period in order to take advantage of the non-emergency medical services, and including your employer) made last-month rule. The testing period air ambulance services. See section contributions for 2022 to your HSA. begins with the last month of your tax 223 for details. • You received HSA distributions in year and ends on the last day of the 2022. 12th month following that month (for Ask your health insurance • You must include certain amounts in example, December 1, 2022 – ! provider(s) whether your HDHP income because you failed to be an December 31, 2023). If you fail to CAUTION and any disregarded coverage eligible individual during the testing remain an eligible individual during this meet the requirements of section 223. period. period, other than because of death or Dec 2, 2022 Cat. No. 37971Y |
Page 2 of 7 Fileid: … ions/i8889/2022/a/xml/cycle02/source 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. becoming disabled, you will have to hand sanitizer, and sanitizing wipes for * This limit does not apply to deductibles and include in income the total contributions you, your spouse, and your expenses for out-of-network services if the plan made that would not have been made dependent(s) for the primary purpose of uses a network of providers. Instead, only except for the last-month rule. You preventing the spread of COVID-19 are deductibles and out-of-pocket expenses (such include this amount in income in the treated as medical expenses eligible to as copayments and other amounts, but not year in which you fail to be an eligible be reimbursed from an HSA. premiums) for services within the network should be used to figure whether the limit is individual. This amount is also subject to reached. a 10% additional tax. (See Part III.) The cost of home testing for COVID-19 for you, your spouse, or your Account Beneficiary dependent(s) is an eligible medical expense for tax purposes, which may be Notice 2020-15, available at The account beneficiary is the individual paid or reimbursed from an HSA. IRS.gov/irb/ 2020-14_IRB#NOT-2020-15, provides on whose behalf the HSA was Expenses incurred before you that an HDHP may pay for medical care established. establish your HSA are not qualified services and items purchased related to medical expenses. If, under the testing for, and treatment of, COVID-19 HSA last-month rule, you are considered to before satisfying the applicable be an eligible individual for the entire minimum deductible. Generally, an HSA is a health savings year for determining the contribution account set up exclusively for paying amount, only those expenses incurred Safe harbor for preventive care. An the qualified medical expenses of the after you actually establish your HSA HDHP may have a zero deductible for account beneficiary or the account are qualified medical expenses. preventive care. For more details, see beneficiary's spouse or dependents. Pub. 969. You cannot treat insurance premiums Safe harbor for telehealth. An HDHP Distributions From an HSA as qualified medical expenses unless may have a zero deductible for the premiums are for: telehealth and other remote care Distributions from an HSA used 1. Long-term care (LTC) insurance, services for months beginning after exclusively to pay qualified medical 2. Health care continuation March 31, 2022, and before January 1, expenses of the account beneficiary, coverage (such as coverage under 2023. spouse, or dependents are excludable COBRA), Certain coverage disregarded. An from gross income. (See the Line 15 eligible individual may have: instructions for information on medical 3. Health care coverage while expenses of dependents not claimed on receiving unemployment compensation 1. Coverage for any benefit your return.) You can receive under federal or state law, or provided by permitted insurance, and distributions from an HSA even if you 4. Medicare and other health care 2. Coverage (whether through are not currently eligible to have coverage if you were 65 or older (other insurance or otherwise) for accidents, contributions made to the HSA. than premiums for a Medicare disability, dental care, vision care, or However, any part of a distribution not supplemental policy, such as Medigap). long-term care, or (in the case of used to pay qualified medical expenses months beginning after March 31, 2022, Coverage under (2) and (3) can is includible in gross income and is and before January 1, 2023) telehealth TIP be for your spouse or a subject to an additional 20% tax unless and other remote care. dependent meeting the an exception applies. requirement. For (4), if you, the account beneficiary, are under age 65, Medicare Permitted insurance. Permitted Qualified Medical Expenses premiums for your spouse or insurance means: dependents (who are age 65 or older) A. Insurance if substantially all of the Generally, “qualified medical expenses” are generally not qualified medical coverage provided relates to: for HSA purposes are unreimbursed expenses. 1. Liabilities incurred under workers’ medical expenses that could otherwise compensation laws, be deducted on Schedule A (Form 2. Tort liabilities, and/or, 1040). See the Instructions for High Deductible Health Plan Schedule A and Pub. 502, Medical and 3. Liabilities relating to ownership or Dental Expenses. As the HSA account An HDHP is a health plan that meets the use of property; beneficiary, you can pay these following requirements. B. Insurance for a specified disease or expenses for medical care for yourself, illness; and your spouse, and your dependents. Self-only Family C. Insurance paying a fixed amount per Even though nonprescription medicines coverage coverage day (or other period) of hospitalization. (other than insulin) do not qualify for the medical and dental expenses Minimum annual deductible $1,400 $2,800 deduction, they do qualify as expenses For information on prescription drug for HSA purposes. The cost of Maximum annual plans, see Pub. 969. menstrual care products (tampons, out-of-pocket pads, liners, cups, sponges, or other expenses* $7,050 $14,100 Disabled similar products) are also reimbursable for HSA purposes. An individual is generally considered disabled if he or she is unable to engage Amounts you pay for personal in any substantial gainful activity due to protective equipment, such as masks, a physical or mental impairment that -2- Instructions for Form 8889 (2022) |
Page 3 of 7 Fileid: … ions/i8889/2022/a/xml/cycle02/source 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. can be expected to result in death or to Deemed Distributions From HSAs • Any excess contributions made by an continue indefinitely. employer (see Excess Employer The following situations result in Contributions, later). Death of Account Beneficiary deemed distributions from your HSA. Figuring Your HSA Deduction • You engaged in any transaction If the account beneficiary's surviving prohibited by section 4975 with respect The maximum amount that can be spouse is the designated beneficiary, to any of your HSAs, at any time in contributed to your HSA depends on the the HSA is treated as if the surviving 2022. Your account ceases to be an type of HDHP coverage you have. If you spouse were the account beneficiary. HSA as of January 1, 2022, and you have self-only coverage, your maximum The surviving spouse completes Form must include the fair market value of all contribution is $3,650. If you have family 8889 as though the HSA belonged to assets in the account as of January 1, coverage, your maximum contribution is him or her. 2022, on line 14a. $7,300. • You used any portion of any of your If the designated beneficiary is not HSAs as security for a loan at any time Note. If you are age 55 or older at the the account beneficiary's surviving in 2022. You must include the fair end of your tax year, you can make an spouse, or there is no designated market value of the assets used as additional contribution of $1,000. beneficiary, the account ceases to be security for the loan as income on line 8f Your maximum contribution is an HSA as of the date of death. The of Schedule 1 (Form 1040). reduced by any employer contributions beneficiary completes Form 8889 as to your HSA, any contributions made to follows. Any deemed distribution will not be your Archer MSA, and any qualified • Enter “Death of HSA account treated as used to pay qualified medical HSA funding distributions. beneficiary” across the top of Form expenses. Generally, these distributions 8889. are subject to the additional 20% tax. You can make deductible • Enter the name(s) shown on the contributions to your HSA even if your beneficiary's tax return and the Rollovers employer made contributions. However, beneficiary's SSN in the spaces if you (or someone on your behalf) provided at the top of the form and skip A rollover is a tax-free distribution made contributions in addition to any Part I. (withdrawal) of assets from one HSA or employer contributions and qualified • On Part II, line 14a, enter the fair Archer MSA that is reinvested in HSA funding distributions, you may market value of the HSA as of the date another HSA of the same account have to pay an additional tax. See of death. beneficiary. Generally, you must Excess Contributions You Make, later. • On Part II, line 15, for a beneficiary complete the rollover within 60 days You cannot deduct any contributions other than the estate, enter qualified after you received the distribution. An for any month in which you were medical expenses incurred by the HSA can only receive one rollover enrolled in Medicare. Also, you cannot account beneficiary before the date of contribution during a 1-year period. See deduct contributions if you are someone death that the beneficiary paid within 1 Pub. 590-A, Contributions to Individual else's dependent for 2022. year after the date of death. Retirement Arrangements (IRAs), for • Complete the rest of Part II. more details and additional How To Complete Part I requirements regarding rollovers. If both you and your spouse have HSAs, If the account beneficiary's estate is complete lines 1 through 13 as the beneficiary, the value of the HSA as Note. If you instruct the trustee of your instructed on the form. However, if you, of the date of death is included on the HSA to transfer funds directly to the and your spouse if filing jointly, are both account beneficiary's final income tax trustee of another of your HSAs, the eligible individuals and either of you has return. Complete Form 8889 as transfer is not considered a rollover. an HDHP with family coverage, you described above, except you should There is no limit on the number of these both are treated as having only the complete Part I, if applicable. transfers. Do not include the amount family coverage plan. Disregard any transferred in income, deduct it as a The distribution is not subject to the plans with self-only coverage. contribution, or include it as a additional 20% tax. Report any earnings Complete a separate Form 8889 for distribution on line 14a. on the account after the date of death as each spouse. Combine the amounts on income on your tax return. line 13 of both Forms 8889 and enter Specific Instructions this amount on Schedule 1 (Form 1040), Note. If, during the tax year, you are the line 13. Be sure to attach both Forms beneficiary of two or more HSAs or you Name and social security number are a beneficiary of an HSA and you (SSN). Enter your name(s) as shown 8889 to your paper tax return. have your own HSA, you must complete on your tax return and the SSN of the Line 1 a separate Form 8889 for each HSA. HSA account beneficiary. If married Enter “statement” at the top of each filing jointly and both you and your If you were covered, or considered Form 8889 and complete the form as spouse have HSAs, complete a covered, by a self-only HDHP and a instructed. Next, complete a controlling separate Form 8889 for each of you. family HDHP at different times during the year, check the box for the plan that Form 8889, combining the amounts was in effect for a longer period. If you shown on each of the statement Forms Part I—HSA Contributions were covered by both a self-only HDHP 8889. Attach the statements to your and Deductions and a family HDHP at the same time, paper tax return after the controlling Use Part I to figure: you are treated as having family Form 8889. • Your HSA deduction, coverage during that period. If, on the • Any excess contributions you made first day of the last month of your tax (or those made on your behalf), and year (December 1 for most taxpayers), Instructions for Form 8889 (2022) -3- |
Page 4 of 7 Fileid: … ions/i8889/2022/a/xml/cycle02/source 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. you had family coverage, check the a. The limitation shown on the last coverage. Neither you nor your spouse “family” box. line of the Line 3 Limitation Chart and qualify for the additional contribution Worksheet (in these instructions), or amount. Your spouse has a separate Line 2 HSA and is an eligible individual from b. The maximum amount that can Include on line 2 only those amounts be contributed based on the type of April 1 to December 31, 2022. Because you, or others on your behalf, HDHP coverage you had on the first day you and your spouse are considered to contributed to your HSA for 2022. Also, of the last month of your tax year. have family coverage on December 1, include amounts contributed for 2022 your contribution limit is $7,300 (the made in 2023 by the unextended If you had family coverage on family coverage maximum). You and deadline for filing your 2022 federal TIP the first day of the last month, your spouse can divide this amount in income tax return. Normally, that's the you do not need to use the any allocation to which you agree (such April 15 after the close of the tax year. worksheet; enter $7,300 on line 3. as allocating nothing to one spouse). However, for the 2022 income tax • If you are not treated as having family return, you may file Form 1040 or 5. If you were not an eligible coverage for each month, use the 1040-SR by April 18, 2023. The due individual on the first day of the last following steps to determine the amount date is April 18, instead of April 15, month of your tax year, use the Line 3 to enter on line 6. because of the Emancipation Day Limitation Chart and Worksheet (in holiday in the District of these instructions) to determine the Step 1. Refigure the contribution Columbia—even if you don't live in the amount to enter on line 3. (See (6) in limit that would have been entered on District of Columbia. If you were serving this list.) line 5 if you had entered on line 3 the in, or in support of, the U.S. Armed 6. If, at the end of 2022, you were total of the worksheet amounts only for Forces in a designated combat zone or age 55 or older and unmarried or the months you were treated as having contingency operation, you may be able married with self-only HDHP coverage family coverage. When refiguring line 5, to file later. See Pub. 3 for details. Thus, for the entire year, you can increase the use the same amount you previously you may contribute to your 2022 HSA amount determined in (3) or (4) by entered on line 4. through April 18, 2023, or a later date if $1,000 (the additional contribution Step 2. Divide the refigured you served in a designated combat amount). The $1,000 additional contribution limit from Step 1 equally zone or contingency operation. contribution amount is not allocable between you and your spouse, unless among spouses, unlike the $7,300 you both agree on a different allocation Do not include employer family contribution discussed below. For (such as allocating nothing to one contributions (see line 9) or amounts the Line 3 Limitation Chart and spouse). rolled over from another HSA or Archer Worksheet, the additional contribution MSA. See Rollovers, earlier. Also, do amount is included for each month you Step 3. Subtract the part of the not include any qualified HSA funding are an eligible individual. contribution limit allocated to your distributions (see line 10). Payroll spouse in Step 2 from the amount contributions through a salary reduction Note. If you are married and had family determined in Step 1. agreement elected by an employee (a coverage at any time during the year, cafeteria plan) are treated as employer the additional contribution amount is Step 4. Determine any other contributions and are not included on figured on line 7 and is not included on contribution limits that apply for the tax line 2. line 3. year and add that amount to the result in Step 3. Enter the total on line 6. Line 3 See Pub. 969 for more information. Example. In 2022, you are an When figuring the amount to enter on If you must complete the Line 3 eligible individual and have family line 3, apply the following rules. TIP Limitation Chart and Worksheet HDHP coverage. In March, you divorce 1. Use the family coverage amount (in these instructions), and your and change your coverage as of April 1 if you or your spouse had an HDHP with eligibility and coverage did not change to self-only. Neither you nor your family coverage. Disregard any plan from one month to the next, enter the ex-spouse qualify for the additional with self-only coverage. same number you entered for the contribution amount. Your ex-spouse previous month. 2. If the last-month rule (see continued to have family HDHP Last-month rule, earlier) applies, you coverage and was an eligible individual are considered an eligible individual for Line 6 for the entire year. The contribution limit the entire year. You are treated as Spouses who have separate HSAs and for the 3 months you both were having the same HDHP coverage for had family coverage under an HDHP at considered to have family coverage is the entire year as you had on the first any time during 2022, use the following $1,825 ($7,300 × 3 ÷ 12). You and your day of the last month of your tax year. rules to figure the amount on line 6. ex-spouse decide to divide the family 3. If you were, or were considered, • If you are treated as having family coverage contribution in the following an eligible individual for the entire year coverage for each month, divide the manner: 75% to your ex-spouse and and you did not change your type of amount on line 5 equally between you 25% to you. Your contribution limit for 9 coverage, enter $3,650 for a self-only and your spouse, unless you both agree months of self-only coverage is HDHP or $7,300 for a family HDHP on on a different allocation (such as $2,737.50 ($3,650 × 9 ÷ 12). This line 3. (See (6) in this list.) allocating nothing to one spouse). Enter amount is not divided between you and your allocable share on line 6. your spouse. 4. If you were, or were considered, Because you are covered under a an eligible individual for the entire year Example. In 2022, you are an and you changed your type of coverage eligible individual and have self-only self-only policy on December 1, you will during the year, enter on line 3 (see (6) HDHP coverage. In March, you marry show $3,650 on line 6 (the greater of in this list) the greater of: and as of April 1, you have family HDHP either (a) $3,193.75 ($1,825 family -4- Instructions for Form 8889 (2022) |
Page 5 of 7 Fileid: … ions/i8889/2022/a/xml/cycle02/source 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. coverage + $2,737.50 self-only • Employer contributions for 2021 are or Roth IRA to your HSA in a direct coverage – $1,368.75 spousal included in the amount reported in trustee-to-trustee transfer is called an allocation) or (b) the maximum amount box 12 of Form W-2 with code W. HSA funding distribution. Note that that can be contributed ($3,650 for • Employer contributions for 2022 are these funds are not being distributed self-only coverage)). Your ex-spouse made in 2023. from your HSA, but rather are being would show $7,300 on line 6 (the If your employer made excess distributed from your IRA and greater of either (a) $6,843.75 ($1,825 contributions, you may have to report contributed to your HSA. Enter this family coverage for the 3 months prior to the excess as income. See Excess amount on line 10. the divorce + $5,475 family coverage Employer Contributions, later. The qualified HSA funding maintained after the divorce – $456.25 distribution is not included in your spousal allocation) or (b) the maximum Line 10 income, is not deductible, and reduces amount that can be contributed ($7,300 Qualified HSA funding distribution. the amount that can be contributed to for family coverage)). A distribution from your traditional IRA your HSA by you and from other Line 7 Additional Contribution Amount Line 3 Limitation Chart and Worksheet Before you begin: √ See the instructions for line 3, earlier. If, at the end of 2022, you were age 55 or older and married, use the Additional √ Go through this chart for each month of 2022. Contribution Amount Worksheet (in √ Keep for your records. these instructions) if both of the following apply. Start Here Yes 1. You or your spouse had family Were you enrolled in Medicare for the month? coverage under an HDHP and were, or were considered to be, an eligible No individual on the first day of the month. 2. You were not enrolled in Were you an eligible individual (see Eligible Enter -0- on Medicare for the month. No Individual, earlier) on the rst day of the month the line below Enter the result on line 7. (see the line 3 instructions, earlier)? for the month. If items (1) and (2) apply to all Yes TIP months during 2022, enter $1,000 on line 7. What type of coverage did your HDHP provide on the rst day of the month? Additional Contribution Amount Worksheet Self-only coverage Family coverage 1. $1,000 × number of months Enter $3,650 on the line below Enter $7,300 on the line below for eligible . . . . . . . . . . . . . . . . . for the month. If you were age the month. If, at the end of 2022, 2. Divide line 1 by 12. Enter 55 or older at the end of 2022, you were unmarried and age 55 or here and on line 7 . . . . . . . . enter $4,650 for the month. older, enter $8,300 for the month. Example. At the end of 2022, you Amount from were age 55 and married. You had Month in 2022 chart above family coverage under an HDHP from January 1 through June 30, 2022 (6 January . . . . . . . . . . . . . . . . . $ months). You were not enrolled in February . . . . . . . . . . . . . . . . . $ Medicare in 2022. You would enter an additional contribution amount of $500 March . . . . . . . . . . . . . . . . . . $ on line 7 ($1,000 × 6 ÷ 12). April . . . . . . . . . . . . . . . . . . . $ Line 9 May . . . . . . . . . . . . . . . . . . . $ June . . . . . . . . . . . . . . . . . . . $ Employer Contributions July . . . . . . . . . . . . . . . . . . . $ Employer contributions (including August . . . . . . . . . . . . . . . . . . $ employee payroll contributions through September . . . . . . . . . . . . . . . . $ a cafeteria plan) include any amount an employer contributes to any HSA for October . . . . . . . . . . . . . . . . . $ you for 2022. Also, include contributions November . . . . . . . . . . . . . . . . $ made by a health insurance plan on an December . . . . . . . . . . . . . . . . $ employer's behalf. These contributions should be shown in box 12 of Form W-2 Total for all months . . . . . . . . . . . . . $ with code W. If either of the following Limitation. Divide the total by 12. apply, complete the Employer Enter here and on line 3 . . . . . . . . . . . . $ Contribution Worksheet. Instructions for Form 8889 (2022) -5- |
Page 6 of 7 Fileid: … ions/i8889/2022/a/xml/cycle02/source 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Employer Contribution Worksheet Keep for Your Records 1. Enter the employer contributions reported in box 12 of Form W-2, with code W . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter employer contributions made in 2022 for tax year 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Enter employer contributions made in 2023 for tax year 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Employer contributions for 2022. Add lines 3 and 4. Enter here and on Form 8889, line 9 . . . . . . . . . . . . . . . . 5. sources (including employer contributions using the following • You also withdraw any income contributions). This distribution cannot instructions. See Form 5329, Additional earned on the withdrawn contributions be made from an ongoing SEP IRA or Taxes on Qualified Plans (Including and include the earnings in “Other SIMPLE IRA. For this purpose, a SEP IRAs) and Other Tax-Favored Accounts, income” on your tax return for the year IRA or SIMPLE IRA is ongoing if an to figure the additional tax. you withdraw the contributions and employer contribution is made for the earnings. plan year ending with or within your tax Excess Contributions You Make year in which the distribution would be Note. If you timely filed your return made. To figure your excess contributions without withdrawing the excess The maximum amount that can be (including those made on your behalf), contributions, you can still make the excluded from income is based on your subtract your deductible contributions withdrawal no later than 6 months after age at the end of the year and your (line 13) from your actual contributions the due date of your tax return, HDHP coverage (self-only or family) at (line 2). However, you can withdraw excluding extensions. If you do, file an the time of the distribution. You can some or all of your excess contributions amended return with “Filed pursuant to make only one qualified HSA funding for 2022 and they will be treated as if section 301.9100-2” written at the top. distribution during your lifetime. they had not been contributed if: Include an explanation of the However, if you make the distribution • You make the withdrawal by the due withdrawal. Make all necessary during a month when you have self-only date, including extensions, of your 2022 changes on the amended return (for HDHP coverage, you can make another tax return (but see the Note under example, if you reported the qualified HSA funding distribution in a Excess Employer Contributions, later); contributions as excess contributions on later month in that tax year if you • You do not claim a deduction for the your original return, include an amended change to family HDHP coverage. amount of the withdrawn contributions; Form 5329 reflecting that the withdrawn See the discussions under Line 13 and contributions are no longer treated as for the treatment of excess • You also withdraw any income having been contributed). contributions. earned on the withdrawn contributions and include the earnings in “Other Deducting an Excess Contribution See Pub. 969 for more information. income” on your tax return for the year in a Later Year Testing period. If you received a you withdraw the contributions and traditional IRA or Roth IRA distribution, earnings. You may be able to deduct excess you must remain an eligible individual contributions for previous years that are during the testing period. The testing Excess Employer Contributions still in your HSA. The excess period begins with the month in which contributions you can deduct in the the traditional IRA or Roth IRA Excess employer contributions are the current year is the lesser of the following distribution is contributed to the HSA excess, if any, of your employer's two amounts. and ends on the last day of the 12th contributions over your limitation on • Your maximum HSA contribution limit month following that month. For line 8. If you made a qualified HSA for the year minus any amounts example, if the distribution is contributed funding distribution (line 10) during the contributed to your HSA for the year. on June 17, 2022, the testing period tax year, reduce your limitation (line 8) • The total excess contributions in your ends on June 30, 2023. If you fail to by that distribution before you determine HSA at the beginning of the year. remain an eligible individual during this whether you have excess employer period, other than because of death or contributions. If the excess was not Any excess contribution remaining at becoming disabled, you will have to included in income on Form W-2, you the end of the tax year is subject to the include the qualified HSA funding must report it as “Other income” on your additional tax. See Form 5329. distribution in income in the year in tax return. However, you can withdraw which you fail to be an eligible some or all of the excess employer Part II—HSA Distributions individual. This amount is also subject to contributions for 2022 and they will be Line 14a a 10% additional tax. (See Part III.) treated as if they had not been contributed if: Enter the total distributions you received Line 13 in 2022 from all HSAs. Your total • You make the withdrawal by the due If you or someone on your behalf (or date, including extensions, of your 2022 distributions include amounts paid with your employer) contributed more to your tax return (but see the following Note); a debit card that restricts payments to HSA than is allowable, you may have to • You do not claim an exclusion from health care and amounts withdrawn by pay an additional tax on the excess income for the amount of the withdrawn other individuals that you have contributions. Figure the excess contributions; and -6- Instructions for Form 8889 (2022) |
Page 7 of 7 Fileid: … ions/i8889/2022/a/xml/cycle02/source 14:08 - 2-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. designated. These amounts should be parent releases claim to the child as his before the date you turned age 65. shown in box 1 of Form 1099-SA. or her dependent. Enter on line 17b, 20% of the amount of these distributions included on line 16. Line 14b You cannot take a deduction on Note. There may be very limited and Include on line 14b any distributions you ! Schedule A (Form 1040) for any unusual circumstances in which you received in 2022 that qualified as a CAUTION amount you include on line 15. rollover contribution to another HSA. may be able to return mistaken distributions such that the amount will See Rollovers, earlier. Also include any Lines 17a and 17b excess contributions (and the earnings not be subject to the additional tax. For on those excess contributions) included Additional 20% Tax more information, see Notice 2004-50, on line 14a that were withdrawn by the Q/A 37 and 76, at IRS.gov/IRB/ due date, including extensions, of your HSA distributions included in income 2004-33_IRB#NOT-2004-50. return. See the instructions for line 13, (line 16) are subject to an additional earlier. 20% tax unless one of the following Part III—Income and exceptions applies. Additional Tax for Failure Line 15 To Maintain HDHP Only include on line 15 Exceptions to the Additional 20% ! distributions from your HSA that Tax Coverage CAUTION were used to pay you for Use Part III to figure any additional income and adjustments to income that qualified medical expenses (see The additional 20% tax does not apply must be reported on Schedule 1 (Form Qualified Medical Expenses, earlier) not to distributions made after the account 1040) and additional taxes that must be reimbursed by insurance or other beneficiary: reported on Schedule 2 (Form 1040) for coverage and that you incurred after the • Dies, failure to be an eligible individual during HSA was established. Do not include • Becomes disabled (see Disabled, the testing period for: the distribution of an excess contribution earlier), or taken out after the due date, including • Turns age 65. • Last-month rule (see Last-month rule, extensions, of your return even if used earlier), or for qualified medical expenses. If any of the exceptions apply to any • A qualified HSA funding distribution (see the Instructions for line 10, earlier). In general, include on line 15 of the distributions included on line 16, distributions from all HSAs in 2022 that check the box on line 17a. Enter on See the discussion, earlier, on were used for the qualified medical line 17b only 20% (0.20) of any amount determining the testing period for both expenses (see Qualified Medical included on line 16 that does not meet the last-month rule and a qualified HSA Expenses, earlier) of: any of the exceptions. funding distribution. Include the amount 1. You and your spouse. Example 1. You turned age 63 in in income in the year in which you fail to 2022 and received a distribution from an be an eligible individual. 2. All your dependents. HSA that is included in income. Do not 3. Any person who would be a check the box on line 17a because you Line 18 dependent except that: (the account beneficiary) did not meet You can use the Line 3 Limitation Chart a. The person filed a joint return. the age exception for the distribution. and Worksheet (in these instructions) Enter 20% of the amount from line 16 on for the year the contribution was made b. The person had gross income. line 17b. to determine the contribution you could c. You, or your spouse if filing have made if the last-month rule did not jointly, are dependents of someone Example 2. You turned age 65 in else. 2022. You received distributions that are apply. Enter on line 18 the excess of the included in income both before and after amount contributed over the For this purpose, a child of you turned age 65. Check the box on redetermined amount. Examples of this TIP parents who are divorced, line 17a because the additional 20% tax computation are in Pub. 969. separated, or living apart for the does not apply to the distributions made Line 19 last 6 months of the calendar year is after the date you turned age 65. Enter the total of any qualified HSA treated as the dependent of both However, the additional 20% tax does funding distribution (see line 10). parents whether or not the custodial apply to the distributions made on or Instructions for Form 8889 (2022) -7- |