You’re responsible for taxes owed should your HSA contributions exceed the IRS annual limit. While the IRS guidelines allow you to fund an HSA for medical expenses on a pre-tax basis, not all states are required to comply. Alabama, California and New Jersey have not enacted legislation to allow pre-tax treatment of HSA contributions or earnings for state taxes. If you reside in one of these states, additional state taxes may apply.
To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. federal tax advice contained in these web pages and the account agreements are not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any tax-related matters addressed herein.
Domestic partners and a domestic partner’s children can be covered under your HDHP with HSA plan. However, the use of your HSA is regulated by the IRS; therefore, expenses incurred for your domestic partner and/or your domestic partner’s children are not eligible for reimbursement from your HSA unless they are tax-qualified dependents, as defined by the IRS. Your domestic partner can open and contribute to their own HSA bank account and can use those contributions to pay for their own medical expenses.
Please see IRS Publication 969 for more information on your HSA plan.