Recent HSA guidance

Earlier this month, the Internal Revenue Service ("IRS") published Notices 2008-51 and 2008-52.

Notice 2008-51 "provides guidance on a qualified Health Savings Account ("HSA") funding distribution from an individual’s Individual Retirement Account (IRA) or Roth IRA to a Health Savings Account (HSA). The qualified HSA funding distribution is a one-time transfer from an individual’s IRA to his or her HSA and generally excluded from gross income and is not subject to the 10% additional tax under Internal Revenue Code ("IRC") § 72(t)."

Notice 2008-52 provides guidance on contributions to HSAs under IRC amendments made by §§ 303 and 305 of the Health Opportunity Patient Empowerment Act of 2006 (the Act) included in the 2006 Tax Relief and Health Care Act , Pub. L. No. 109-432.