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Question

I had a 401k with a pervious employer. I rolled that 401k into a Money Market IRA with Bank of America earlier this year. Since then my wife has stopped work and is staying at home to raise our son. The only way I could get a health insurance option with some sort of pregnancy coverage was with a High deductible insurance plan with a Health Savings Account option. I am now trying to put $3000 out of my IRA into her individual Health Savings Account. I know that I can make a one time contribution and I know the max amount for an invidual HSA is $3000. But I didn't know if this was legal becasue the money was orignally from a 401k plan. My bank also says the only way they can complete the transfer is if I first transfer the money out of my money market IRA and into my checking account and then transfer the funds into the HSA. Didn't know how this would look later on with taxes and if the 60 day rule would still apply. Thanks for the help! Caleb

Submitted: 25 days and 6 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Posted by LEV 25 days and 6 hours ago.

Answer

"rolled that 401k into a Money Market IRA" - that is not taxable transaction - you will receive two reporting forms - one for distribution from your old account and one for contribution into a new account. For direct rollover - there should not be any taxes taken out - and you do not need to report anything on your tax return.

 

"put $3000 out of my IRA" - that is a distribution from your account and it is your taxable income. If you are below 59 1/2 - the distribution might be a subject of 10% additional penalty. You will receive reporting form 1099-R with distribution code "1" and most likely the bank will withhold 20% to cover your tax liability.

 

"to put $3000 .. into her individual Health Savings Account" - you must file Form 8889 with your Form 1040 if you (or your spouse, if married filing a joint return) had any activity in your HSA during the year. Report all contributions to your HSA on Form 8889 and file it with your Form 1040.

 

Distribution from the IRA and contribution into HSA - are two separate transaction and not eligible rollover. The 60 day rule would not apply.

Let me know if you need any help.

 

25 days and 5 hours ago.

Reply

Even though I am allowed a once in a lifetime contribution into the HSA account from an IRA it is still taxed?

Posted by LEV 25 days and 5 hours ago.

Answer

Your contribution into the HSA account and the distribution from the IRA account - are not connected.

-- the distribution from the IRA account should be reported on the form 1040 lines 15a and 15b

-- your contribution into the HSA account will be deducted on the line 25

See the form for reference - http://www.irs.gov/pub/irs-pdf/f1040.pdf

Let me know if you need any help.

25 days and 3 hours ago.

Reply

Sorry, but I am still not quite understanding. When I researched this on the internet it said that you could make a one time roll over to an HSA Tax Free. This contribution is not to exceed $3000 for an individual HSA (max tax free donation for the year). If this is true which I have been told by several people and read on several websites. Then why would the amount I transfered into HSA out of the IRA not be tax free? And why would I need to be reporting it as taxable income?

Posted by LEV 25 days and 3 hours ago.

Answer

I am sorry that is not the answer you expected.

Please see for reference IRS publication 590 - http://www.irs.gov/pub/irs-pdf/p590.pdf

Kinds of rollovers from a traditional IRA. You may be able to roll over, tax free, a distribution from your traditional IRA into a qualified plan. These plans include the Federal Thrift Savings Fund (for federal employees), deferred compensation plans of state or local governments (section 457 plans), and tax-sheltered annuity plans (section 403(b) plans). The part of the distribution that you can roll over is the part that would otherwise be taxable (includible in your income). Qualified plans may, but are not required to, accept such rollovers.

Tax treatment of a rollover from a traditional IRA to an eligible retirement plan other than an IRA. Ordinarily, when you have basis in your IRAs, any distribution is considered to include both nontaxable and taxable amounts. Without a special rule, the nontaxable portion of such a distribution could not be rolled over. However, a special rule treats a distribution you roll over into an eligible retirement plan as including only otherwise taxable amounts if the amount you either leave in your IRAs or do not roll over is at least equal to your basis. The effect of this special rule is to make the amount in your traditional IRAs that you can roll over to an eligible retirement plan as large as possible.

Eligible retirement plans. The following are considered eligible retirement plans.

  • Individual retirement arrangements (IRAs).

  • Qualified trusts.

  • Qualified employee annuity plans under section 403(a).

  • Deferred compensation plans of state and local governments (section 457 plans).

  • Tax-sheltered annuities (section 403(b) annuities).

There is no rollover into HSA account.

However - see also IRS publication 969 - http://www.irs.gov/pub/irs-pdf/p969.pdf

Qualified HSA funding distribution. A qualified HSA funding distribution may be made from your traditional IRA or ROTH IRA to your HSA. This distribution cannot be made from an ongoing SEP IRA or SIMPLE IRA. For this purpose, a SEP IRA or SIMPLE IRA is ongoing if an employer contribution is made for the plan year ending with or within your tax year in which the distribution would be made.

The maximum qualified HSA funding distribution depends on the HDHP coverage (self-only or family) you have on the first day of the month in which the contribution is made and your age as of the end of the tax year. The distribution must be made directly by the trustee of the IRA to the trustee of the HSA. The distribution is not included in your income, is not deductible, and reduces the amount that can be contributed to your HSA. The qualified HSA funding distribution is shown on Form 8889, Part I, line 10 for the year in which the distribution is made.

 

If you provide me with references to sources of information that say otherwise - I will examine them for you.

You also may call the IRS and confirm the answer - 1-800-829-1040.

 

Let me know if you need any help.

 

25 days and 3 hours ago.

Reply

http://www.ustreas.gov/offices/public-affairs/hsa/faq_managing.shtml

This was taken from the Q and A section from the IRS website....

 

Can I roll over an IRA, 401(k) or other retirement plan into an HSA?
You cannot directly roll funds in a 401(k) or other retirement plan into an HSA. You can withdraw funds from one of these accounts, pay applicable taxes (and penalties) on the amount you withdraw, and then use the remaining funds to make a contribution to your HSA. However, the amount you contribute to your HSA is still limited by the annual contribution limits.

For 2007 and forward, you may make a one-time transfer for IRA funds to an HSA. The amount of the IRA transfer reduces your HSA contribution for the year. If you fail to remain an eligible individual for 12 months after the month of the transfer, the amount of the transfer is included in income and subject to a 10 percent additional tax.

 

 

Accepted Answer

That is the same issue I referenced above - there is no rollover and there is no 60 days rule.

see also IRS publication 969 - http://www.irs.gov/pub/irs-pdf/p969.pdf

Qualified HSA funding distribution. A qualified HSA funding distribution may be made from your traditional IRA or ROTH IRA to your HSA. This distribution cannot be made from an ongoing SEP IRA or SIMPLE IRA. For this purpose, a SEP IRA or SIMPLE IRA is ongoing if an employer contribution is made for the plan year ending with or within your tax year in which the distribution would be made.

The maximum qualified HSA funding distribution depends on the HDHP coverage (self-only or family) you have on the first day of the month in which the contribution is made and your age as of the end of the tax year. The distribution must be made directly by the trustee of the IRA to the trustee of the HSA. The distribution is not included in your income, is not deductible, and reduces the amount that can be contributed to your HSA. The qualified HSA funding distribution is shown on Form 8889, Part I, line 10 for the year in which the distribution is made.

 

But if you already took a distribution from the IRA - that is not a Qualified HSA funding distribution - and all tax liability mentioned above would be in effect.

 

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Expert: LEV
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Answered: 10/27/2009

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