Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … -form-8853/2024/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 11 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2024 Instructions for Form 8853 Archer MSAs and Long-Term Care Insurance Contracts Section references are to the Internal Revenue Code • You (or your spouse, if filing jointly) acquired an interest unless otherwise noted. in an Archer MSA or a Medicare Advantage MSA because of the death of the account holder. See Death of Account Future Developments Holder, later. • You (or your spouse, if filing jointly) were a policyholder For the latest information about developments related to who received payments under an LTC insurance contract Form 8853 and its instructions, such as legislation or received any accelerated death benefits from a life enacted after they were published, go to IRS.gov/ insurance policy on a per diem or other periodic basis in Form8853. 2024. See the instructions for Section C, later. • You (or your spouse, if filing jointly) received Archer What’s New MSA or Medicare Advantage MSA distributions in 2024. Expenses treated as amounts paid for medical care. If you (or your spouse, if filing jointly) received Amounts paid for condoms are treated as amounts paid ! Archer MSA or Medicare Advantage MSA for medical care and qualify as reimbursable expenses for CAUTION distributions in 2024, you must file Form 8853 with Archer MSA purposes. See Notice 2024-71, 2024-45 Form 1040, 1040-SR, or 1040-NR even if you have no I.R.B. 1026, available at IRS.gov/irb/ taxable income or any other reason for filing Form 1040, 2024-44_IRB#NOT-2024-71, for more information. 1040-SR, or 1040-NR. General Instructions Specific Instructions After December 31, 2007, contributions can't be Name and social security number (SSN). Enter your ! made to an Archer Medical Savings Account for CAUTION you, unless: name(s) and SSN as shown on your tax return. If filing jointly and both you and your spouse each have an Archer • You were an active Archer MSA participant for any tax MSA or each have a Medicare Advantage MSA, enter the year ending before January 1, 2008, or SSN shown first on your tax return. • You became an active Archer MSA participant for a tax year ending after December 31, 2007, because of Section A—Archer MSAs coverage under a high deductible health plan (HDHP) of an Archer MSA participating employer. Eligible Individual To be eligible for an Archer MSA, you (or your spouse) Purpose of Form must be an employee of a small employer or be Use Form 8853 to: self-employed. You (or your spouse) must be covered under an HDHP and have no other health coverage • Report Archer MSA contributions (including employer except permitted coverage. You must not be enrolled in contributions), Medicare and can't be another person’s dependent. You • Figure your Archer MSA deduction, must be an eligible individual on the first day of a month to • Report distributions from Archer MSAs or Medicare take an Archer MSA deduction for that month. Advantage MSAs, • Report taxable payments from long-term care (LTC) Small Employer insurance contracts, or A small employer is generally an employer who had an • Report taxable accelerated death benefits from a life average of 50 or fewer employees during either of the last insurance policy. 2 calendar years. See Pub. 969 for details. Additional information. See Pub. 969, Health Savings Accounts and Other Tax-Favored Health Plans, for more Archer MSA details on MSAs. Generally, an Archer MSA is a medical savings account set up exclusively for paying the qualified medical Who Must File expenses of the account holder. You must file Form 8853 if any of the following applies. • You (or your employer) made contributions for 2024 to Qualified Medical Expenses your Archer MSA. Generally, qualified medical expenses for Archer MSA • You are filing a joint return and your spouse (or their purposes are unreimbursed medical expenses that could employer) made contributions for 2024 to your spouse's otherwise be deducted on Schedule A (Form 1040). See Archer MSA. the Instructions for Schedule A (Form 1040), and Pub. 502, Medical and Dental Expenses. Qualified medical Instructions for Form 8853 (2024) Catalog Number 24188L Nov 25, 2024 Department of the Treasury Internal Revenue Service www.irs.gov |
Enlarge image | Page 2 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. expenses are those incurred by the account holder or the completes Form 8853 as though the Archer MSA account holder's spouse or dependent(s). Amounts paid belonged to them. for menstrual care products shall be treated as paid for medical care. Amounts paid for condoms are also treated If the designated beneficiary isn't the account holder's as amounts paid for medical care. See the instructions for surviving spouse, or there is no designated beneficiary, Line 7, later. You can't treat insurance premiums as the account ceases to be an Archer MSA as of the date of qualified medical expenses unless the premiums are for: death. The beneficiary completes Form 8853 as follows. • LTC insurance, • Enter “Death of Archer MSA account holder” across the • Health care continuation coverage, or top of Form 8853. • Health care coverage while receiving unemployment • Enter the name(s) shown on the beneficiary's tax return compensation under federal or state law. and the beneficiary's SSN in the spaces provided at the top of the form and skip Part I. You can find answers regarding whether certain costs • On lines 6a and 6c, enter the fair market value of the related to nutrition, wellness, and general health are Archer MSA as of the date of death. medical expenses that may be paid or reimbursed under • On line 7, for a beneficiary other than the estate, enter an Archer MSA at IRS.gov/Individuals/Frequently-Asked- qualified medical expenses incurred by the account holder Questions-About-Medical-Expenses-Related-to-Nutrition- before the date of death that you paid within 1 year after Wellness-and-General-Health. the date of death. • Complete the rest of Part II. High Deductible Health Plan If the account holder's estate is the beneficiary, the fair An HDHP is a health plan that meets the following market value of the Archer MSA as of the date of death is requirements. included in the account holder's final income tax return. Complete Form 8853 as described above, except you Self-only Family should complete Part I, if applicable. coverage coverage The transfer isn't subject to the additional 20% tax. Minimum annual deductible $2,800 $5,550 Report any earnings on the account after the date of death Maximum annual deductible $4,150 $8,350 as income on your tax return. Maximum annual out-of-pocket Note. If, during the tax year, you are the beneficiary of two expenses (other than for premiums) $5,550 $10,200 or more Archer MSAs or you are a beneficiary of an Archer MSA and you have your own Archer MSA, you must complete a separate Form 8853 for each MSA. Enter Other Health Coverage “statement” at the top of each Form 8853 and complete If you have an Archer MSA, you (and your spouse, if you the form as instructed. Next, complete a controlling Form have family coverage) can't have any health coverage 8853, combining the amounts shown on each of the other than an HDHP. However, your spouse can have statement Forms 8853. Attach the statements to your health coverage other than an HDHP if you aren't covered paper tax return after the controlling Form 8853. by that plan. Deemed Distributions From Archer MSAs Exceptions. You can have additional insurance that The following situations result in deemed distributions provides benefits only for: from your Archer MSA. • Liabilities under workers' compensation laws, tort You engaged in any transaction prohibited by section • liabilities, or liabilities arising from the ownership or use of 4975 with respect to any of your Archer MSAs at any time property; in 2024. Your account ceases to be an Archer MSA as of • A specific disease or illness; or January 1, 2024, and you must include the fair market • A fixed amount per day (or other period) of value of all assets in the account as of January 1, 2024, hospitalization. on line 6a. You can also have coverage (either through insurance • You used any portion of any of your Archer MSAs as or otherwise) for accidents, disability, dental care, vision security for a loan at any time in 2024. You must include care, or long-term care. See Other health coverage in Pub. the fair market value of the assets used as security for the 969, Health Savings Accounts and Other Tax-Favored loan as income on Schedule 1 (Form 1040), line 8e. Health Plans, for additional information about exceptions. Any deemed distribution won't be treated as used to Disabled pay qualified medical expenses. Generally, these An individual is generally considered disabled if they are distributions are subject to the additional 20% tax. unable to engage in any substantial gainful activity due to Part I—Archer MSA Contributions and a physical or mental impairment that can be expected to result in death or to continue indefinitely. Deductions Use Part I to figure: Death of Account Holder • Your Archer MSA deduction, If the account holder's surviving spouse is the designated • Any excess contributions you made, and beneficiary, the Archer MSA is treated as if the surviving • Any excess contributions made by an employer (see spouse were the account holder. The surviving spouse Excess Employer Contributions, later). 2 Instructions for Form 8853 (2024) |
Enlarge image | Page 3 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figuring Your Archer MSA Deduction c. If both spouses have HDHPs with self-only The amount you can deduct for Archer MSA contributions coverage, complete a separate Form 8853, Section A, is limited by: Part I, for each spouse. Enter “statement” across the top • The applicable portion of the HDHP's annual deductible of each Form 8853, fill in the name and SSN, and (line 3), and complete Part I. Next, add lines 1, 2, and 5 from the two • Your compensation from the employer maintaining the statement Forms 8853 and enter those totals on the HDHP (line 4). respective lines of the controlling Form 8853 (the combined Form 8853 for both spouses). Don't complete Any employer contributions made to your Archer MSA lines 3 and 4 of the controlling Form 8853. Attach the two prevent you from making deductible contributions. See statement Forms 8853 to your paper tax return after the Employer Contributions to an Archer MSA, later. Also, if controlling Form 8853. you or your spouse made contributions in addition to any employer contributions, you may have to pay an additional Line 1 tax. See Excess Contributions You Make, later. Employer Contributions You can't deduct any contributions you made after you became enrolled in Medicare. Also, you can't deduct Employer contributions include any amount an employer contributions if you are someone else’s dependent. contributes to any Archer MSA for you or your spouse for 2024. These contributions should be shown in box 12 of Employer Contributions to an Archer MSA Form W-2 with code R. If your employer made excess contributions, you may have to report the excess as If an employer made contributions to your Archer MSA, income. See Excess Employer Contributions, later, for you aren't entitled to a deduction. If you and your spouse details. are covered under an HDHP with family coverage and an employer made contributions to either of your Archer Line 2 MSAs, neither you nor your spouse is allowed to make Include on line 2 contributions you made to your Archer deductible contributions to an Archer MSA. If you and your MSA in 2024. Also include those contributions made from spouse both have an HDHP with self-only coverage and January 1, 2025, through April 15, 2025, that were for only one of you received employer contributions to an 2024. Don't include amounts rolled over from another Archer MSA, the other spouse is allowed to make Archer MSA. See Rollovers, later. deductible contributions to an Archer MSA. Line 3 How To Complete Part I Go through the chart at the top of the Line 3 Limitation Complete lines 1 through 5 as instructed on the form Chart and Worksheet for each month of 2024. Enter the unless (1) or (2), next, applies. result on the worksheet next to the corresponding month. 1. If employer contributions to an Archer MSA prevent Enter the amount from the last line of the worksheet on you from taking a deduction for amounts you contributed line 3. to your Archer MSA, complete Part I as follows. If eligibility and coverage for both you and your a. Complete lines 1 and 2. TIP spouse didn't change from one month to the next, b. Skip lines 3 and 4. enter the same number you entered for the previous month. If eligibility and coverage didn't change c. Enter -0- on line 5. during the entire year, figure the number for January only, d. If line 2 is more than zero, see Excess Contributions and enter this amount on Form 8853, line 3. You Make, later. 2. If you and your spouse have more than one Archer More than one HDHP. If you and your spouse had more MSA, complete Part I as follows. than one HDHP on the first day of the month and one of a. If either spouse has an HDHP with family coverage, the plans provides family coverage, use the Family you both are treated as having only the family coverage coverage rules on the chart and disregard any plans with plan. Disregard any plans with self-only coverage. self-only coverage. If you and your spouse both have HDHPs with family coverage on the first day of the month, b. If both spouses have HDHPs with family coverage, you both are treated as having only the family coverage you both are treated as having only the family coverage plan with the lowest annual deductible. plan with the lowest annual deductible. Instructions for Form 8853 (2024) 3 |
Enlarge image | Page 4 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 3 Limitation Chart and Worksheet Before you begin: √ See the instructions for line 3. √ Go through this chart for each month of 2024. √ Keep for your records. Start Here Yes Were you enrolled in Medicare for the month? No Were you an eligible individual (see Eligible Enter -0- on No Individual, earlier) on the rst day of the the line below month? for the month. Yes What type of coverage did your HDHP provide on the rst day of the month? If you had more than one HDHP, see More than one HDHP, earlier. Self-only coverage Family coverage Enter annual deductible Enter annual deductible (must be at least $2,800 but (must be at least $5,550 but not more than $4,150). not more than $8,350). $ $ Enter 65% (0.65) of the annual Enter 75% (0.75) of the annual deductible on the line below deductible on the line below for the month. for the month. If married ling separately, see Married filing separately. Amount from Month in 2024 chart above January . . . . . . . . . . . . . . . . . $ February . . . . . . . . . . . . . . . . . $ March . . . . . . . . . . . . . . . . . . $ April . . . . . . . . . . . . . . . . . . . $ May . . . . . . . . . . . . . . . . . . . $ June . . . . . . . . . . . . . . . . . . . $ July . . . . . . . . . . . . . . . . . . . $ August . . . . . . . . . . . . . . . . . . $ September . . . . . . . . . . . . . . . . $ October . . . . . . . . . . . . . . . . . $ November . . . . . . . . . . . . . . . . $ December . . . . . . . . . . . . . . . . $ Total for all months . . . . . . . . . . . . . $ Limitation. Divide the total by 12. Enter here and on line 3 . . . . . . . . . . . . $ 4 Instructions for Form 8853 (2024) |
Enlarge image | Page 5 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Married filing separately. If you have an HDHP with • You make the withdrawal by the due date, including family coverage and are married filing separately, enter extensions, of your 2024 tax return (but see the Note only 37.5% (0.375) (one-half of 75%) of the annual below); deductible for each month on the worksheet; or, if you and • You don't claim an exclusion from income for the your spouse agree to divide the 75% of the annual amount of the withdrawn contributions; and deductible in a different manner, enter your share. • You also withdraw any income earned on the withdrawn contributions and include the earnings in “Other income” Line 4 on your tax return for the year you withdraw the contributions and earnings. Compensation Note. If you timely filed your return without withdrawing Compensation includes wages, salaries, professional the excess contributions, you can still make the withdrawal fees, and other pay you receive for services you perform. no later than 6 months after the due date of your tax It also includes sales commissions, commissions on return, excluding extensions. If you do, file an amended insurance premiums, pay based on a percentage of return with “Filed pursuant to section 301.9100-2” written profits, tips, and bonuses. Generally, these amounts are at the top. Include an explanation of the withdrawal. Make included on the Form(s) W-2 you receive from your all necessary changes on the amended return (for employer(s). Compensation also includes net earnings example, if you reported the contributions as excess from self-employment, but only for a trade or business in contributions on your original return, include an amended which your personal services are a material Form 5329 reflecting that the withdrawn contributions are income-producing factor. This is your income from no longer treated as having been contributed). self-employment minus expenses (including the deductible part of self-employment tax). Compensation Deducting an Excess Contribution in a Later Year doesn't include any amounts received as a pension or annuity and doesn't include any amount received as deferred compensation. You may be able to deduct excess contributions for previous years that are still in your Archer MSA. The Line 5 excess contribution you can deduct in the current year is If you (or your employer) contributed more to your Archer the lesser of the following two amounts. MSA than is allowable, you may have to pay an additional • Your maximum Archer MSA contribution limit for the tax on the excess contributions. Figure the excess year minus any amounts contributed to your Archer MSA contributions using the following instructions. See Form for the year. 5329, Additional Taxes on Qualified Plans (Including IRAs) • The total excess contributions in your Archer MSA at and Other Tax-Favored Accounts, to figure the additional the beginning of the year. tax. Any excess contribution remaining at the end of a tax year is subject to the additional tax. See Form 5329. Excess Contributions You Make Part II—Archer MSA Distributions To figure your excess contributions, subtract your deductible contributions (line 5) from your actual Line 6a contributions (line 2). However, you can withdraw some or Enter the total distributions you and your spouse received all of your excess contributions for 2024, and they will be in 2024 from all Archer MSAs. These amounts should be treated as if they hadn't been contributed if: shown in box 1 of Form 1099-SA. • You make the withdrawal by the due date, including extensions, of your 2024 tax return (but see the Note Line 6b under Excess Employer Contributions below); Include on line 6b any distributions you received in 2024 • You don't claim a deduction for the amount of the that were rolled over. See Rollovers below. Also include withdrawn contributions; and any excess contributions (and the earnings on those • You also withdraw any income earned on the withdrawn excess contributions) included on line 6a that were contributions and include the earnings in “Other income” withdrawn by the due date, including extensions, of your on your tax return for the year you withdraw the return. See the instructions for line 5, earlier. contributions and earnings. Rollovers Excess Employer Contributions Excess employer contributions are the excess, if any, of A rollover is a tax-free distribution (withdrawal) of assets your employer's contributions over the smaller of (a) your from one Archer MSA that is reinvested in another Archer limitation on line 3 or (b) your compensation from the MSA or a health savings account (HSA) of the same employer(s) who maintained your HDHP (line 4). If the account holder. Generally, you must complete the rollover excess wasn't included in income on Form W-2, you must within 60 days following the distribution. An Archer MSA report it as “Other income” on your tax return. However, and an HSA can receive only one rollover contribution in a you can withdraw some or all of the excess employer 1-year period. See Pub. 590-A, Contribution to Individual contributions for 2024, and they will be treated as if they Retirement Arrangements (IRAs), for more details and hadn't been contributed if: additional requirements regarding rollovers. Instructions for Form 8853 (2024) 5 |
Enlarge image | Page 6 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. If you instruct the trustee of your Archer MSA to line 9b only 20% (0.20) of any amount included on line 8 transfer funds directly to the trustee of another of your that doesn't meet any of the exceptions. Archer MSAs, the transfer isn't considered a rollover. Example 1. You turned age 66 in 2024 and had no There is no limit on the number of these transfers. Don't Archer MSA during 2024. Your spouse turned age 63 in include the amount transferred in income, deduct it as a 2024 and received a distribution from an Archer MSA that contribution, or include it as a distribution on line 6a. is included in income. Don't check the box on line 9a because your spouse (the account holder) didn't meet the Line 7 age exception for the distribution. Enter 20% of the In general, include on line 7 distributions from all Archer amount from line 8 on line 9b. MSAs in 2024 that were used for the qualified medical Example 2. Both you and your spouse received expenses (see Qualified Medical Expenses, earlier) of: distributions from your Archer MSAs in 2024 that are 1. Yourself and your spouse; included in income. You were age 65 at the time you 2. All your dependents; and received the distributions and your spouse was age 63 when they received the distributions. Check the box on 3. Any person who would be your dependent except line 9a because the additional 20% tax doesn't apply to that: the distributions you received (because you met the age a. The person filed a joint return; exception). However, the additional 20% tax does apply to b. The person had gross income of $5,050 or more; or your spouse's distributions. Enter on line 9b only 20% of the amount of your spouse's distributions included on c. You, or your spouse if filing jointly, are dependents line 8. of someone else. Example 3. You turned age 65 in 2024. You received For this purpose, a child of parents who are distributions that are included in income both before and TIP divorced, separated, or living apart for the last 6 after you turned age 65. Check the box on line 9a because months of the calendar year is treated as the the additional 20% tax doesn't apply to the distributions dependent of both parents whether or not the custodial made after the date you turned age 65. However, the parent releases the claim to the child as their dependent. additional 20% tax does apply to the distributions made on or before the date you turned age 65. Enter on line 9b, However, if you or your employer made a contribution to 20% of the amount of these distributions included on your Archer MSA in 2024 and you used withdrawals to pay line 8. expenses for an individual who wasn't covered by an HDHP or was covered by a plan that wasn't an HDHP Section B—Medicare Advantage MSA (other than the exceptions listed under Other Health Distributions Coverage, earlier) at the time the expenses were incurred, Complete Section B if you (or your spouse, if filing jointly) then you shouldn't include those withdrawals on line 7. received distributions from a Medicare Advantage MSA in Example. In 2024, you were covered by an HDHP with 2024. If both you and your spouse received distributions, self-only coverage and your spouse was covered by a complete a separate Form 8853, Section B, for each health plan that wasn't an HDHP. You made contributions spouse. Enter “statement” across the top of each Form to an Archer MSA for 2024. You can't include on line 7 8853, fill in the name and SSN, and complete Section B. withdrawals made from the Archer MSA to pay your Next, add lines 10, 11, 12, and 13b from the two spouse's medical expenses incurred in 2024 because statement Forms 8853 and enter those totals on the your spouse was covered by a plan that wasn't an HDHP. respective lines of the controlling Form 8853 (the You can't take a deduction on Schedule A (Form combined Form 8853 for both spouses). If either spouse checked the box on line 13a of the statement Form 8853, CAUTION amount you include on line 7. ! 1040) or Schedule A (Form 1040-NR) for any check the box on the controlling Form 8853. Attach the two statement Forms 8853 to your paper tax return after the controlling Form 8853. Lines 9a and 9b If you (or your spouse, if filing jointly) received Additional 20% Tax ! distributions from a Medicare Advantage MSA in CAUTION 2024, you must file Form 8853 with a Form 1040, Archer MSA distributions included in income (line 8) are 1040-SR, or 1040-NR even if you have no taxable income subject to an additional 20% tax unless one of the or any other reason for filing Form 1040, 1040-SR, or following exceptions applies. 1040-NR. Exceptions to the Additional 20% Tax Medicare Advantage MSA The additional 20% tax doesn't apply to distributions A Medicare Advantage MSA is an Archer MSA designated made after the date that the account holder: as a Medicare Advantage MSA to be used solely to pay • Dies, the qualified medical expenses of the account holder. To • Becomes disabled (see Disabled, earlier), or be eligible for a Medicare Advantage MSA, you must be • Turns age 65. enrolled in Medicare and have an HDHP that meets the If any of the exceptions applies to any of the distributions Medicare guidelines. Contributions to the account can be included on line 8, check the box on line 9a. Enter on made only by Medicare. The contributions and any earnings, while in the account, aren't taxable to the 6 Instructions for Form 8853 (2024) |
Enlarge image | Page 7 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Additional 50% Tax Worksheet—Line 13b Keep for Your Records 1. Enter the total distributions included on Form 8853, line 12, that don't meet either of the exceptions to the additional 50% tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Did you have a Medicare Advantage MSA on December 31, 2023? STOP No. Enter one-half of line 1 above on Form 8853, line 13b. 2. Yes. Enter the value of your Medicare Advantage MSA on December 31, 2023 . . . . . . . . . 3. Enter the amount of the annual deductible for your HDHP policy on January 1, 2024 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Multiply line 3 by 60% (0.60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Subtract line 4 from line 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Subtract line 5 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Enter one-half of line 6 here and on Form 8853, line 13b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. account holder. A distribution used exclusively to pay for complete the form as instructed. Next, complete a the qualified medical expenses of the account holder isn't controlling Form 8853, combining the amounts shown on taxable. Distributions that aren't used for qualified medical each of the statement Forms 8853. Attach the statements expenses of the account holder are included in income to your paper tax return after the controlling Form 8853. and may be subject to a penalty. Line 10 Death of Account Holder Enter the total distributions you received in 2024 from all If the account holder's surviving spouse is the designated Medicare Advantage MSAs. These amounts should be beneficiary, the Medicare Advantage MSA is treated as a shown in box 1 of Form 1099-SA. This amount shouldn't regular Archer MSA (not a Medicare Advantage MSA) of include any erroneous contributions made by Medicare (or the surviving spouse for distribution purposes. Follow the any earnings on the erroneous contributions) or any instructions in Section A for Death of Account Holder, amounts from a trustee-to-trustee transfer from one earlier. Medicare Advantage MSA to another Medicare Advantage MSA of the same account holder. If the designated beneficiary isn't the account holder's surviving spouse, or there is no designated beneficiary, Line 11 the account ceases to be an MSA as of the date of death. Enter the total distributions from all Medicare Advantage The beneficiary completes Form 8853 as follows. MSAs in 2024 that were used only for the account holder's • Enter “Death of Medicare Advantage MSA account qualified medical expenses (see Qualified Medical holder” across the top of Form 8853. Expenses, earlier). • Enter the name(s) shown on the beneficiary's tax return and the beneficiary's SSN in the spaces provided at the You can't take a deduction on Schedule A (Form top of the form. Skip Section A. ! 1040) or Schedule A (Form 1040-NR) for any • On line 10, enter the fair market value of the Medicare CAUTION amount you include on line 11. Advantage MSA as of the date of death. • On line 11, for a beneficiary other than the estate, enter Lines 13a and 13b qualified medical expenses incurred by the account holder before the date of death that you paid within 1 year after Additional 50% Tax the date of death. • Complete the rest of Section B. Medicare Advantage MSA distributions included in income (line 12) may be subject to an additional 50% tax If the account holder's estate is the beneficiary, the fair unless one of the following exceptions applies. market value of the Medicare Advantage MSA as of the date of death is included in the account holder's final Exceptions to the Additional 50% Tax income tax return. The transfer isn't subject to the additional 50% tax. The The additional 50% tax doesn't apply to distributions beneficiary should report any earnings on the account made on or after the date that the account holder: after the date of death as income on the beneficiary's tax • Dies, or return. • Becomes disabled (see Disabled, earlier). If either of the exceptions applies to any of the Note. If, during the tax year, you are the beneficiary of two distributions included on line 12, check the box on or more Medicare Advantage MSAs or you are a line 13a. Next, if either of the exceptions applies to all the beneficiary of a Medicare Advantage MSA and you have distributions included on line 12, enter -0- on line 13b. your own Medicare Advantage MSA, you must complete a Otherwise, complete the Additional 50% Tax separate Form 8853 for each Medicare Advantage MSA. Worksheet—Line 13b to figure the amount of the Enter “statement” at the top of each Form 8853 and additional 50% tax to enter on line 13b. Instructions for Form 8853 (2024) 7 |
Enlarge image | Page 8 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Section C—Long-Term Care (LTC) income if the insured is a Terminally Ill Individual (defined below). Accelerated death benefits paid with respect to an Insurance Contracts insured individual who is chronically ill are generally See Filing Requirements for Section C, later. Also, for excludable from your gross income to the same extent as more information, see Pub. 502. they would be under a qualified LTC insurance contract. Definitions Terminally Ill Individual Policyholder A terminally ill individual is any individual who has been The policyholder is the person who owns the proceeds of certified by a physician as having an illness or physical the LTC insurance contract, life insurance contract, or condition that can reasonably be expected to result in viatical settlement, and can also be the insured individual. death within 24 months of the date of certification. The policyholder is required to report the income, even if Line 15 payment is assigned to a third party or parties. In the case of a group contract, the certificate holder is considered to Special rules apply in determining the taxable payments if be the policyholder. other individuals received per diem payments under a qualified LTC insurance contract or as accelerated death Qualified LTC Insurance Contract benefits with respect to the insured listed on line 14a. See Multiple Payees, later, for details. A qualified LTC insurance contract is a contract issued: Line 18 • After December 31, 1996, that meets the requirements of section 7702B, including the requirement that the If you have more than one LTC period, you must insured must be a chronically ill individual (defined later); ! separately calculate the taxable amount of the or CAUTION payments received during each LTC period. To do • Before January 1, 1997, that met state law this, complete lines 18 through 26 on separate Sections C requirements for LTC insurance contracts at the time when for each LTC period. Enter the total on line 26 from each and in the state where the contract was issued and hasn't separate Section C on the Form 8853 that you attach to been changed materially. your tax return. See the instructions for line 21 for the LTC period. In general, amounts paid under a qualified LTC insurance contract are excluded from your income. Line 19 However, if you receive Per Diem Payments (defined Enter the total accelerated death benefits you received next), the amount you can exclude is limited. with respect to the insured listed on line 14a. These amounts are generally shown in box 2 of Form 1099-LTC. Per Diem Payments Include only amounts you received while the insured was a chronically ill individual. Don't include amounts you Per diem payments are payments of a fixed amount made received while the insured was a terminally ill individual. If on a periodic basis without regard to actual expenses the insured was redesignated from chronically ill to incurred. Box 3 of Form 1099-LTC should indicate whether terminally ill in 2024, only include on line 19 payments payments were per diem payments. received before the insured was certified as terminally ill. Chronically Ill Individual Line 21 The number of days in your LTC period depends on which A chronically ill individual is someone who has been method you choose to define the LTC period. Generally, certified (at least annually) by a licensed health care you can choose either the Contract Period method or the practitioner as: Equal Payment Rate method. However, special rules • Being unable to perform at least two activities of daily apply if other persons also received per diem payments in living (eating, toileting, transferring, bathing, dressing, and 2024 under a qualified LTC insurance contract or as continence), without substantial assistance from another accelerated death benefits with respect to the insured individual, for at least 90 days, due to a loss of functional listed on line 14a. See Multiple Payees, later, for details. capacity; or • Requiring substantial supervision to protect the Method 1—Contract Period individual from threats to health and safety due to severe cognitive impairment. An individual must have been Under this method, your LTC period is the same period as certified within the past 12 months as meeting this that used by the insurance company under the contract to condition. compute the benefits it pays you. For example, if the insurance company computes your benefits on a daily Accelerated Death Benefits basis, your LTC period is 1 day. Generally, amounts paid as accelerated death benefits under a life insurance contract or for the sale or assignment of any portion of the death benefit as part of a viatical settlement are fully excludable from your gross 8 Instructions for Form 8853 (2024) |
Enlarge image | Page 9 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Filing Requirements for Section C Go through this chart for each insured person for whom you received long-term care (LTC) payments. See Definitions, earlier. Start Here Did you (or your spouse, if ling jointly) receive payments in Were any of those payments 2024 made on a per diem or Yes made under a qualied LTC Yes Complete all other periodic basis under an insurance contract? of Section C. LTC insurance contract? No No Did you (or your spouse, if Did you (or your spouse, if ling jointly) receive any ling jointly) receive any accelerated death benets in accelerated death benets in No Complete only 2024 from a life insurance 2024 from a life insurance lines 14a, 14b, and 17 policy that were made on a per policy that were made on a per of Section C. diem or other periodic basis? diem or other periodic basis? Yes No Complete only Yes Were any of the payments paid No lines 14a, 14b, 15, 16, Don’t complete on behalf of a chronically ill 17 (if applicable), and 26 Section C. (not terminally ill) individual? of Section C. Yes Complete all of Section C. If you choose this method for defining the LTC insurance contract didn't begin making payments until ! period(s) and different LTC insurance contracts for May 1, 2024. The first LTC period is 61 days (March 1 CAUTION the same insured use different contract periods, through April 30) and the second LTC period is 245 days then all such LTC contracts must be treated as computing (May 1 through December 31). benefits on a daily basis. Line 22 Qualified LTC services are necessary diagnostic, Method 2—Equal Payment Rate preventive, therapeutic, curing, treating, mitigating, and rehabilitative services, and maintenance or personal care Under this method, your LTC period is the period during services required to treat a chronically ill individual under which the insurance company uses the same payment a plan of care prescribed by a licensed health care rate to compute your benefits. For example, you have two practitioner. LTC periods if the insurance contract computes payments at a rate of $175 per day from March 1, 2024, through May Line 24 31, 2024, and then at a rate of $195 per day from June 1, Enter the reimbursements you received or expect to 2024, through December 31, 2024. The first LTC period is receive through insurance or otherwise for qualified LTC 92 days (from March 1 through May 31) and the second services provided for the insured for LTC periods in 2024. LTC period is 214 days (from June 1 through December Box 3 of Form 1099-LTC should indicate if payments were 31). made on a reimbursement basis. You can choose this method even if you have more than Generally, don't include on line 24 one qualified LTC insurance contract covering the same ! reimbursements for qualified LTC services you period. For example, you have one insurance contract that CAUTION received under a contract issued before August 1, pays $100 per day from March 1, 2024, through 1996. However, you must include reimbursements if the December 31, 2024, and a second contract that pays contract was exchanged or modified after July 31, 1996, $1,500 per month from March 1, 2024, through December to increase per diem payments or reimbursements. 31, 2024. You have one LTC period because each payment rate doesn't vary during the LTC period of March Multiple Payees 1 through December 31. However, you have two LTC If you checked “Yes” on lines 15 and 16 and the only periods if the facts are the same except that the second payments you received were accelerated death benefits Instructions for Form 8853 (2024) 9 |
Enlarge image | Page 10 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. that were paid because the insured was terminally ill, skip LTC insurance contract under which Alex is the insured. lines 17 through 25 and enter -0- on line 26. Neither Blair nor Casey incurred any costs for qualified In all other cases in which you checked “Yes” on LTC services for Alex in 2024. From July 1, 2024, through line 15, attach a statement duplicating lines 18 through 26 December 31, 2024, Blair received per diem payments of of the form. This statement should show the aggregate $5,500 per month ($33,000 total) and Casey received per computation for all persons who received per diem diem payments of $3,000 per month ($18,000 total). Alex, payments under a qualified LTC insurance contract or as Blair, and Casey agree to use the equal payment rate accelerated death benefits because the insured was method to determine their LTC periods. chronically ill. Each person must use the same LTC There are two LTC periods. The first is 182 days period. If all the recipients of payments don't agree on (January 1–June 30) during which the per diem payments which LTC period to use, the contract period method must were $2,000 per month. The second is 184 days (July 1– be used. December 31) during which the aggregate per diem After completing the statement, determine your share payments were $10,500 per month ($2,000 under Alex's of the per diem limitation and any taxable payments. The contract + $5,500 under Blair's contract + $3,000 under per diem limitation is allocated first to the insured to the Casey's contract). extent of the total payments the insured received. If the An aggregate statement must be completed for the insured files a joint return and the insured's spouse is one second LTC period and attached to Alex’s, Blair's, and of the policyholders, the per diem limitation is allocated Casey's forms. first to them to the extent of the payments they both Step 1. They complete a statement for Alex for the first received. Any remaining limitation is allocated among the LTC period as follows. other policyholders pro rata based on the payments they received in 2024. The statement showing the aggregate computation must be attached to the Form 8853 for each Line Amount person who received a payment. Enter your share of the per diem limitation and the 20 $12,000 ($2,000 x 6 months) taxable payments on lines 25 and 26 of your individual 21 $74,620 ($410 x 182 days) Form 8853. Leave lines 21 through 24 blank. 22 $27,300 ($150 x 182 days) Example 1 Alex was chronically ill in 2024 and received 12 monthly 23 $74,620 payments on a per diem basis from a qualified LTC 24 $13,650 ($75 x 182 days) insurance contract. They received $2,000 per month ($24,000 total). Alex incurred expenses for qualified LTC 25 $60,970 services of $150 per day ($54,900) and was reimbursed for one-half of those expenses ($27,450). They use the 26 $ -0- equal payment rate method and thus have a single benefit period for 2024 (January 1–December 31). Alex completes Form 8853, lines 20 through 26, as follows. Step 2. They complete the aggregate statement for the Line Amount second LTC period as follows. 20 $24,000 ($2,000 x 12 months) Line Amount 21 $150,060 ($410* x 366 days) 20 $63,000 ($10,500 x 6 months) 22 $54,900 ($150 x 366 days) 21 $75,440 ($410 x 184 days) 23 $150,060 22 $27,600 ($150 x 184 days) 24 $27,450 ($75 x 366 days) 23 $75,440 25 $122,610 24 $13,800 ($75 x 184 days) 26 $ -0- 25 $61,640 *$410 is the 2024 per diem limit for periodic 26 $1,360 payments received under a qualified LTC insurance contract. See Rev. Proc. 2023-34, section 3.62. Step 3. They allocate the aggregate per diem limitation of $61,640 on line 25 among Alex, Blair, and Casey. Because Alex is the insured, the per diem limitation is allocated first to them to the extent of the per diem Example 2 payments they received during the second LTC period The facts are the same as in Example 1, except Alex's ($12,000). The remaining per diem limitation of $49,640 is adult children, Blair and Casey, each also own a qualified allocated between Blair and Casey. 10 Instructions for Form 8853 (2024) |
Enlarge image | Page 11 of 11 Fileid: … -form-8853/2024/a/xml/cycle03/source 16:01 - 25-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Allocation ratio to Blair: 64.7% of the remaining Blair's Form 8853: limitation ($32,120) is allocated to Blair because the 1st LTC 2nd LTC $33,000 they received during the second LTC period is 64.7% of the $51,000 received by both Blair and Casey Line Period Period Form 8853 during the second LTC period. Allocation ratio to Casey: 35.3% of the remaining 20 $ -0- $33,000 $33,000 limitation ($17,520) is allocated to Casey because the 25 $ -0- $32,120 $32,120 $18,000 they received during the second LTC period is 35.3% of the $51,000 received by both Blair and Casey 26 $ -0- $880 $880 during the second LTC period. Step 4. Alex, Blair, and Casey each complete Form 8853 Casey’s Form 8853: as follows. Alex's Form 8853: 1st LTC 2nd LTC Line Period Period Form 8853 1st LTC 2nd LTC Line Period Period Form 8853 20 $ -0- $18,000 $18,000 20 $12,000 $12,000 $24,000 25 $ -0- $17,520 $17,520 25 $60,970 $12,000 $72,970 26 $ -0- $480 $480 26 $ -0- $ -0- $ -0- Instructions for Form 8853 (2024) 11 |