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Posted by Mark Bole on August 16, 2009, 2:21 pm
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Mark Bole wrote:
> Brew1 wrote:
>> first a quick summary of the rules:
>> if your spouse (must be opposite sex to count with the feds) is your
>> beneficiary, it transfers to them as an HSA--obviously a good thing.
>> if the beneficiary isn't your spouse, the transfer is fully taxable as
>> income.
>>
>> What, if any, is the benefit of designating a non-spouse as a
>> beneficiary (assuming that you're not a multi-millionaire)?
>
> Not a tax benefit, but if you don't have a will, this would be a simple
> form of estate planning. The beneficiary doesn't have to accept it,
> after all.
>
>
>> Wouldn't
>> it be better for the HSA to go into the estate, taxed according to the
>> estate tax rules?
>
> The basis to the estate for income tax purposes will be the decedent's
> basis (no step-up), so there's still income tax to pay. (This is a form
> of income in respect of a decedent). The full value of account will be
> included in the gross value of the estate, however.
I also found the following in a US Treasury dept presentation on HSA's.
It still indicates that income tax must be paid by someone, but it
appears I was wrong to state that it is IRD.
"To the extent the spouse is not the beneficiary:
– The account will no longer be treated as an HSA upon the death
of the individual
– The account will become taxable to the decedent in the
decedent’s final tax return if the estate is the beneficiary,
otherwise, it will be taxable to the recipient.
• Taxable amount will be reduced by any qualified medical expenses
incurred by the deceased individual before death and paid by the
recipient of the HSA
• The taxable amount will also be reduced by the amount of estate
tax paid due to inclusion of the HSA into the deceased individual’s
estate"
-Mark Bole
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