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HSA penalty - Medicare

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    HSA penalty - Medicare

    Does a Taxpayer owe a penalty for part of a year on HSA. Due to Medicare Coverage

    Taxpayer’s DOB 10-24-1950 - age 66 in 2016
    Taxpayer was employed in 2016 and enrolled in Employer Medical program along with HSA option
    Taxpayer Medicare Part A should have been automatic at age 65 as I understand.

    October 2016 , taxpayer became eligible for ex-husband's Social Security--the whole amount, since he passed away earlier 2016

    Since it took SSA until January 2017 to get everything set up, taxpayer did not receive any of that income in 2016, However, in order to get the retroactive payment in January 2017for what SS owed back to October, 2016 taxpayer was forced to be retroactively enrolled in Medicare for the four months prior to October through the end of 2016. Which would be June – Dec 2016 or 7 months

    Taxpayer received a year 2016 form 1095-B from Medicare for Part A that shows enrollment in Medicare for June - December of 2016.

    Since the penalty for contributing to an HSA while also being on Medicare is a MONTHLY penalty, taxpayer would owe for 7/12tshs of 2016: 1) 7/12 X $4349.90 or $2537.44 that needs to reported ordinary income tax , and 2) an additional penalty of 10% times $2537.44 or $253.74 additional taxes on top of the ordinary income.

    I do understand that at attained age all recipients are automatically enrolled in Medicare Part A - Part B can be deferred if recipient is still working and under Group Insurance at Employer

    Question - Is there an exception to this as it is spread over 2 tax years. Taxpayer had no knowledge and was not able to make any adjustment at the employer level for the fact that SSA retroactively initiated the Medicare Benefit. For her HSA contributins.

    Or due to the fact that Taxpayer was automatically covered at age 65 for Medicare Part A - and continued HSA through employer - the penalty applies?

    Thoughts would be appreciated.

    Sandy

    #2
    It's a pdf so I don't know how to direct link, but if you google "deciding whether to enroll in medicare part a and part b when you turn 65", the first result should be a pdf from CMS. Your situation is specifically addressed on page 4:

    I have a High-Deductible Health Plan AND a Health Savings Account (HSA)
    Once you enroll in any part of Medicare, you won’t be able to contribute to your HSA. If you would like to continue making contributions to your HSA, you can delay both Part A and Part B until you (or your spouse) stop working or lose that employer coverage. You will NOT pay a penalty for delaying Medicare, as long as you enroll within 8 months of losing your coverage or stopping work (whichever happens first).
    You should talk with your employer benefits manager about whether it makes sense to delay Part A and Part B.
    NOTE: If you qualify for premium-free Part A, your coverage will go back (retroactively) up to 6 months from when you sign up. So, you should stop making contributions to your HSA 6 months before you enroll in Part A and Part B (or apply for Social Security benefits, if you want to collect retirement benefits before you stop working).

    Comment


      #3
      Thank you so much, Kathy, for posting this. While I was aware of the Medicare postponement, I was not aware of the possible retroactive coverage. I have a client exactly in this situation for 2017 who recently came in for advice and planning.

      Comment


        #4
        Clarification

        Just to be certain you understand, you can only defer A or B if you are covered by an employer plan. A self employed person can not do this. It can only be done by an employee.

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