Medicare Blog

what is the penalty for 6-month hsa medicare look back?

by Katarina Senger Published 2 years ago Updated 1 year ago

If you contribute to your HSA during those 6 months, you may face a 6% excise tax and an income tax for those contributions. This "6-month lookback" starts when you enroll in Medicare or begin your Social Security retirement benefits. However, you can withdraw those contributions by the end of the tax year to avoid the excise tax.

The IRS excise tax penalty equals 6 percent of the excess contributions, which is charged for each year the excess contribution remains in the HSA uncorrected at the end of the tax year.Dec 20, 2021

Full Answer

Do I owe a late enrollment penalty if I Keep my HSA?

You will not owe the late enrollment penalty if you keep your HSA, but you cannot contribute to your HSA if you sign up for Medicare when you're eligible. If you have coverage through your spouse, the same rules apply. Once your spouse qualifies for Medicare, they can enroll during their SEP and wouldn't owe a penalty.

What happens if I enroll in Medicare during an HSA testing period?

If you enroll in Medicare during an HSA testing period, or the full year after you enroll in an HSA midyear, you'll pay back taxes and an additional 10 percent tax. Both Medicare and the IRS recommend you stop contributing to your HSA at least 6 months before enrolling to help avoid tax penalties.

When does my HSA coverage end?

2) The month before you turn 65 (if your birthday is on the 1st of the month). After turning 65, you’re coverage will be in effect (retroactively) the lessor of 1) 6 months or 2) your 65th birthday. It is that last clause that can really affect HSA holders.

What is the 6 month rule for HSA contributions?

The "6 month rule" essentially says you must stop contributing to an HSA account 6 months before you start your Medicare Part A plan. According to this Time article, it may be the case that the penalty is not enforced:

Do you have to stop contributing to an HSA 6 months before Medicare?

The takeaway here is that you should delay Social Security benefits and decline Part A if you wish to continue contributing funds to your HSA. Finally, if you decide to delay enrolling in Medicare, make sure to stop contributing to your HSA at least six months before you do plan to enroll in Medicare.

What is the penalty for contributing to an HSA while on Medicare?

Your contributions after you're enrolled in Medicare might be considered “excess” by the IRS. Excess contributions will be taxed an additional 6 percent when you withdraw them. You'll pay back taxes plus an additional 10 percent tax if you enroll in Medicare during your HSA testing period.

Is Medicare retroactive for 6 months?

If you're eligible for premium-free Part A, you can enroll in Part A at any time after you're first eligible for Medicare. Your Part A coverage will go back (retroactively) 6 months from when you sign up (but no earlier than the first month you are eligible for Medicare).

Do HSA contributions stop at age 65?

If you are not enrolled in Medicare and are otherwise HSA eligible, you can continue to contribute to an HSA after age 65. You are also allowed to contribute the $1,000 catch-up. If you signed up for Medicare Part A and now want to decline it, you can do so by contacting the Social Security Administration.

How do I avoid HSA penalty?

The only way to fully avoid all penalties is to only use HSA withdrawals to make eligible purchases.

Can you backdate HSA contributions?

One of the great things about HSAs is that contributions can be made retroactively for the previous tax year before the federal tax deadline.

Why does Medicare backdate coverage?

Beginning in 1983, the Department of Health and Human Services (HHS) started backdating Medicare coverage retroactively for six months to ensure that people coming off employer-sponsored health coverage would not inadvertently find themselves uninsured while transitioning to Medicare.

Is there a cap on Medicare Part B penalty?

As of now, there is no cap when calculating the Medicare Part B late enrollment penalty. However, legislation has been introduced to cap the Medicare Part B penalty at 15% of the current premium, regardless of how many 12-month periods the beneficiary goes without coverage.

Can you have an HSA while on Medicare?

Medicare doesn't offer an HSA qualifying option. You can't make contributions to your HSA for any months after you enroll in any part of Medicare, even if you're also covered on an HSA qualifying plan.

Does HSA affect Social Security?

1. While you can continue to spend from your HSA, you cannot set up or contribute to an HSA in any month that you are enrolled in Medicare. age, Social Security will give you six months of “back pay” in retirement benefits. This means that your enrollment in Part A will also be backdated by six months.

Can you have Social Security and HSA?

HSAs offer many advantages, but they don't mix with certain types of federal programs and benefits. For example, if you are enrolled in Medicare Parts A or B, or if you file for Social Security benefits after age 65, you can't make contributions to an HSA.

What are the benefits of an HSA?

When you have an HSA, you'll be sent a debit card or checks linked to your account that you can use to pay for eligible medical expenses. These include:

What is an HSA account?

A health savings account, or HSA, is an account you can use to pay medical expenses, tax-free. In order to have an HSA, you must be enrolled in a high-deductible health plan and meet certain requirements, such as not having any other health plan.

When would you owe the late enrollment fee?

If you don't enroll in Medicare when you're eligible, you could owe a late enrollment penalty. For example, if you turn 65 and don't have another health plan, you'd pay the penalty if you decide to enroll in Medicare later.

Can you pay Medigap premiums with your HSA funds?

Medigap isn't considered a qualified medical expense, so you cannot use your HSA funds to cover the costs of these plans without paying taxes.

What is a Medicare Medical Savings Account?

Medicare Medical Savings Accounts, or MSA, is a consumer-directed Medicare Advantage plan that is similar to an HSA.

Can you roll over HSA to Medicare?

HSA funds roll over from year to year, so you'll never los e your savings , and you can contribute up to the government-mandated maximums until you're enrolled in Medicare.

Does MSA cover Part D?

MSA plans do not cover Part D prescription drugs, so you must sign up for standalone Part D plan.

How long do you have to stop contributing to HSA before you start Medicare?

The "6 month rule" essentially says you must stop contributing to an HSA account 6 months before you start your Medicare Part A plan. According to this Time article, it may be the case that the penalty is not enforced:

Why is the 6 month penalty not enforced?

Perhaps the reason the penalty is not enforced is because according to the IRS the 6 month rule doesn't actually exist? In other words, you were still legally covered by an HDHP until a certain date and were therefore eligible to make HSA contributions until that date . The fact the Medicare back dates coverage 6 months simply means you potentially had double coverage, but doesn't change the fact that you had a valid HDHP at the time the HSA contributions were made.

What is the maximum amount you can contribute to Medicare?

Enrolled in Medicare. Beginning with the first month you are enrolled in Medicare, your contribution limit is zero.

How long do you have to stop HSA before enrolling in Medicare?

There is a six - month lookback period (but not before the month of reaching age 65) when enrolling in Medicare after age 65, so a best practice is for workers to stop contributing to their HSA six months before enrolling in Medicare to avoid penalties. See the examples below for more on this.

What happens if you miss the deadline for Medicare?

In other words, getting the Medicare Special Enrollment Period wrong risks a gap in coverage plus a lifetime of penalties.

When did HSA start?

Image by Roy Scott/IKON Images. Before the tax - savings wonder that is the health savings account (HSA) was introduced in 2003, it was a generally accepted best practice for any worker who wasn't already collecting Social Security at the age of 65 to go ahead and sign up for Medicare Part A (hospital insurance), regardless of other coverage.

Can I deduct HSA contributions?

There are lots of quirks involved when determining whether a taxpayer is eligible to make contributions to an HSA (which are always tax - deductible as long as they are allowed), most of them having to do with health care plan design. But a separate rule that often trips up taxpayers is that HSA contributions are disallowed when a taxpayer has other coverage in addition to an HSA - eligible plan (Sec. 223 (c) (1) (A) (ii)).

Is Medicare enrollment in order?

A high-level overview of the Medicare enrollment rules is in order. According to Medicare.gov:

Can HSA funds be used for medical expenses?

See the examples below for more on this. Funds already in the HSA can still be used for qualified medical expenses upon enrollment in Medicare, including to reimburse taxpayers for Medicare premiums (but not premiums for Medicare supplemental insurance) as well as to pay for long - term - care costs and insurance.

How long does it take for HSA to end?

When you enroll in any form of Medicare, neither you nor your employer should continue contributing to your HSA. If you enroll in Medicare after turning 65, your coverage can become effective up to 6 months earlier. You and your employer will need to end your HSA contributions up to 6 months before enrolling in Medicare since Medicare back dates ...

When does HSA end?

Make sure all HSA contributions end before your 65th birthday month.

How long do you have to stop HSA contributions?

If you continue to work after age 65, and you or your employer is still contributing to an HSA: Stop making contributions to your HSA up to 6 months before applying for Medicare Part A only or Part A and Part B or starting your Social Security retirement benefits.

How does an HSA work?

HSAs work with HSA-eligible health plans to allow you to pay for qualified medical expenses. HSAs offer triple tax savings 1: 1 You can contribute pre-tax dollars. 2 You pay no taxes on earnings. 3 You can withdraw the money tax-free now or in retirement to pay for qualified medical expenses.

How long is Social Security backdated?

When you receive Social Security retirement benefits, your Part A coverage is back-dated 6 months (but no earlier than the first month you're eligible for Medicare) to give you 6 months of back-dated benefits.

Can you withdraw money from a medical plan tax free?

You can withdraw the money tax-free now or in retirement to pay for qualified medical expenses.

Can you be subject to tax penalties if you enroll in Medicare?

You could be subject to tax penalties if you make health savings account (HSA) contributions after you enroll in Medicare or when your Medicare coverage begins.

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