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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28927
Experience:  Taxes, Immigration, Labor Relations
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For the first 6 months of 2011 my wife and I had family HSA

Resolved Question:

For the first 6 months of 2011 my wife and I had family HSA coverage. I went on medicare July 1. So I only contributed $3575 or half the $7150 limit to my family HSA account. On July 1 my wife continues to be covered by an HSA plan provided by my former employer. She is 53 and will be covered through the end of year 2013. We file a joint return.  Can she contribute the full $3050 to a self only HSA account this year under the "last month rule"? 
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.


Hi and welcome to Just Answer!
Each spouse who is an eligible individual who wants an HSA must open a separate HSA. You cannot have a joint HSA.
Thus - you spouse may not contribute into HSA that was open under your name - but may open her own HSA.
To be an eligible individual and qualify for an HSA, your spouse must meet the following requirements.
--She must be covered under a high deductible health plan (HDHP) on the first day of the month.

--She has no other health coverage except what is permitted.

--She is not enrolled in Medicare.

--She cannot be claimed as a dependent.

Under the last-month rule, the person is considered to be an eligible individual for the entire year if he/she is an eligible individual on the first day of the last month of your tax year (December 1 for most taxpayers). Thus if she meets all requirements mentioned above on December 1, 2011 – she would be considered an eligible individual and qualify for an HSA for the entire year 2011.

Let me know if you need any help.

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