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Is an HSA a qualified deferred compensation plan under IRC 409A?

Published February 6, 2024

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Short answer: HSAs are not considered qualified deferred compensation plans under IRC 409A, even though they offer tax advantages for medical expenses.

HSAs and their triple tax advantages

Health Savings Account (HSA) is a tax-advantaged savings account that allows individuals to save for medical expenses. It offers triple tax benefits - contributions are tax-deductible, earnings grow tax-free, and withdrawals for qualified medical expenses are tax-free too. But is an HSA considered a qualified deferred compensation plan under IRC 409A?

IRC 409A treatment of HSAs

It's important to note that Health Savings Accounts (HSAs) are not considered qualified deferred compensation plans under IRC 409A. HSAs are specifically designed to help individuals save for medical expenses and are regulated under different sections of the Internal Revenue Code.

Health Savings Accounts (HSAs) allow you to save specifically for medical expenses, and while they boast impressive tax advantages, it’s crucial to understand that they are not qualified deferred compensation plans under IRC 409A.

How HSAs differ from other plans

While HSAs offer some similarities to other benefit plans, such as Flexible Spending Accounts (FSAs) or Health Reimbursement Arrangements (HRAs), they are distinct in their purpose and operation.

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