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Contributions to HSA Count Against $12k Gifting Limits?

 

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Subject Author Date
Contributions to HSA Count Against $12k Gifting Limits? dpb 08-10-2007
Posted by dpb on August 12, 2007, 12:37 am
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Arthur Kamlet wrote:

>> Looking at what options are available to aid
>> daughter/grandkids w/ medical and health insurance as well
>> as longer term for education, etc.
>>
>> Am curious if there are any techniques that would allow for
>> direct payment of medical expenses, etc., as non-counting
>> towards gift tax limits.
>>
>> Alternatives to mix/match w/ 529, HSA, directed trust, etc.,
>> are what am looking for some guidelines/considerations that
>> have beneficial effects from both tax liability of
>> donor/donee and estate reduction considerations are of
>> interest...

> You can pay a medical provider for medical expenses and
> those payments are not counted towards gift tax.
>
> Similarly you can pay tuition expenses for higher education
> directly to the school and no gift tax here either.

A second followup question--

Would those payments be reportable as income by the person
on whose behalf the payments were made?

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Posted by Arthur Kamlet on August 13, 2007, 10:23 pm
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> Arthur Kamlet wrote:

>>> Looking at what options are available to aid
>>> daughter/grandkids w/ medical and health insurance as well
>>> as longer term for education, etc.
>>>
>>> Am curious if there are any techniques that would allow for
>>> direct payment of medical expenses, etc., as non-counting
>>> towards gift tax limits.
>>>
>>> Alternatives to mix/match w/ 529, HSA, directed trust, etc.,
>>> are what am looking for some guidelines/considerations that
>>> have beneficial effects from both tax liability of
>>> donor/donee and estate reduction considerations are of
>>> interest...

>> You can pay a medical provider for medical expenses and
>> those payments are not counted towards gift tax.
>>
>> Similarly you can pay tuition expenses for higher education
>> directly to the school and no gift tax here either.

> A second followup question--
>
> Would those payments be reportable as income by the person
> on whose behalf the payments were made?

Aassuming these are bona fide gifts, No.

--
ArtKamlet at a o l dot c o m Columbus OH K2PZH

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by dpb on August 14, 2007, 3:43 am
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Arthur Kamlet wrote:
...
>> A second followup question--
>>
>> Would those payments be reportable as income by the person
>> on whose behalf the payments were made?

> Aassuming these are bona fide gifts, No.

OK, thanks...

I'm assuming that means no expectation of payback, etc., is
all it takes to qualify them as bona fide...

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Stuart Bronstein on August 14, 2007, 3:57 pm
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> Arthur Kamlet wrote:

>>> Would those payments be reportable as income by the person
>>> on whose behalf the payments were made?

>> Aassuming these are bona fide gifts, No.

> OK, thanks...
>
> I'm assuming that means no expectation of payback, etc., is
> all it takes to qualify them as bona fide...

Actually loans can be gifts to the extent the borrower
doesn't pay reasonable interest. There were a series of
cases several years ago involving a wealthy relative lending
money without interest, with the proviso that repayment
could be demanded at any time, and those loans were
considered gifts of the interest or other income earned or
that could have been earned on the gifts.

Whether or not it's a gift has little or nothing to do with
what the borrower does or thinks - it's about what the giver
does and thinks. If it is given out of "disinterested
generosity," it's a gift.

Stu

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

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