You can’t get a tax break on the amount over the family limit. There is no double family limit, this will come back out at tax time. |
Technically, but nothing stops us from gifting $7K to our neighbor, who then pays our DD a different $7K in earned income in cash, who then gives us the $7K in cash to deposit on her behalf. But, practically, carrying around and exchanging so much cash is risky so we just move $7K directly to a Roth IRA and log the earned income. Easy as pie. |
"Technically, yes this is fraud. But we could commit tax fraud in a more complicated way and we don't bother, so I feel confident telling people to commit tax fraud on the internet. [I am an idiot.]" |
Holy F!! So glad you don’t do my tax return!! |
This is fraud, dumbass. If you want to commit fraud, have at it. But don't encourage others to do it, and certainly don't encourage it while failing to acknowledge that it's fraud. |
+1. The max is ~7.3k for the combined family. You cannot both contribute ~7k. https://www.peoplekeep.com/blog/how-hsa-contribution-limits-work-for-spouses PP, do you file separate taxes? |
The family max is $7,300 per HDHP. If a family has multiple HDHPs, then each HDHP can have its own HSA, each of which has its own limit per IRS rules. In theory, a family of 5 could have 5 HDHP plans and associated HSAs and have a total of $36,500 in tax sheltered HSA savings. This is a very little known loophole in the tax code that most overlook, thinking that there is no value in signing up for otherwise duplicative insurance plans. We’ve been taking advantage of this since 2017 and have about $180K in our various HSAs as a result. |
Nope. The limit is per family. For 2022, you and your spouse are both eligible individuals. You each have family coverage under separate HDHPs. You are 58 years old and your spouse is 53. You and your spouse can split the family contribution limit ($7,300) equally or you can agree on a different division. If you split it equally, you can contribute $4,650 to an HSA (one-half the maximum contribution for family coverage ($3,650) + $1,000 additional contribution) and your spouse can contribute $3,650 to an HSA. https://www.irs.gov/publications/p969 Absolutely no doubling of the family contribution. It’s always been this way. |
Hmmm. Wow. My MIL recommended we pursue this investment strategy. So, I guess she basically fückêd us and we’re eventually going to get hit with some massive IRS penalty and bill?!? I don’t understand how our tax returns have been accepted this way for 5+ years. |
Oh wow, this advice came from your MIL and neither of you validated it? Are you filing separately, by paper, or does someone else do your taxes? It seems a little unbelievable that you’ve been doing this all these years and your tax filing software hasn’t caught you, unless the above applies. Imagine how many people commit tax fraud in a year. The IRS can’t catch everyone every year every time. I would talk to a CPA about this. Not only do you have to remove the funds, you owe an excise fee for every year you did this/the money remains in the HSA. You’ll also need to amend your returns and pay taxes on the excess contributions. |
The IRS isn't checking things at this level of detail. I committed a couple of HSA snafus over the years.. One time, I closed out an HSA CD (about $10K) thinking it was a regular CD of a similar amount. Too late to put it back by the time i realized my mistake. Just didn't report it and have been fine. This was about 10 years ago. More recently, I had the company switch insurance plans on me and the new plan was by the same provider and was titled 'high deductible plan'. I assumed it was an HDHP and continued contributing to my HSA (outside of work) for a couple of years before I realized my mistake. No problems from the IRS on this one either.. I know people who have been doing backdoor roths for years although they had six-figure rollover IRAs with no problems. They stopped once I told them they shouldn't, but no way were they going to unwind, report and get penalized. |
Unless your Mil is a tax lawyer or tax accountant, I don't know why you'd take advice from her. And love how you claimed this was a "little known loophole." This forum is full of idiots. |
Guess it was little known because it’s not true! I’m surprised the PP didn’t google it the first time she was challenged on this thread. |
The IRS is underfunded so can’t catch everything. It comes up in the news from time to time. It was NPR earlier this week. |
I've read some really idiotic things on DCUM, but this one might take the cake. Can you not step back and see how dumb this scheme is? |