Publication 969 |
2001 Tax Year |
Archer MSAs
To qualify for an Archer MSA, you must be:
- An employee (or the spouse of an employee) of a small
employer. The employer must maintain an individual or family high
deductible health plan (HDHP), defined later, for you (or your
spouse), or
- A self-employed person (or the spouse of a self-employed
person) who maintains an individual or family HDHP.
You can have no other health insurance or Medicare coverage
except what is permitted under Other health insurance,
later. You must be an eligible individual on the first day of a given
month to get an Archer MSA deduction for that month.
If another taxpayer is entitled to claim an exemption for you, you
cannot claim a deduction for an Archer MSA contribution. This is true
even if the other person does not actually claim your exemption.
Understanding Archer MSAs
To understand Archer MSAs, you will want to know what an Archer MSA
is and what the benefits are of having one. You will also need to know
whether you meet the rules for starting an Archer MSA. If you meet the
rules, then you will want to read the section titled Setting Up
an Archer MSA, later.
What is an Archer MSA?
An Archer MSA is a tax-exempt trust or custodial account with a
financial institution (like a bank or an insurance company) in which
you can save money for future medical expenses. This account must be
used in conjunction with an HDHP. See What is a high deductible
health plan (HDHP), later.
What are the benefits of an Archer MSA?
You may enjoy several benefits from having an Archer MSA.
- The interest or other earnings on the assets in your Archer
MSA are tax-free.
- You can claim a tax deduction for contributions you make
even if you do not itemize your deductions on Form 1040.
- The contributions remain in your Archer MSA from year to
year until you use them.
Rules for Starting an Archer MSA
You need to meet the following rules before you can start an Archer
MSA.
- You must work for a small employer or be
self-employed.
- You must have an HDHP.
Who is a small employer?
A small employer is generally an employer who had an average of 50
or fewer employees during either of the last 2 calendar years. The
definition of small employer is modified for new employers and growing
employers.
New employer.
A new employer is also considered a small employer for Archer MSAs
if he or she reasonably expects to employ 50 or fewer people this
year.
Growing employer.
A small employer may begin HDHPs and Archer MSAs for his or her
employees and then grow beyond 50 employees. The employer will
continue to meet the requirement for small employers if he or she:
- Had 50 or fewer employees when the Archer MSAs began,
- Made a contribution for the last year he or she had 50 or
fewer employees, and
- Had an average of 200 or fewer employees each year after
1996.
What is a high deductible health plan (HDHP)?
To be eligible for an Archer MSA, you must have an HDHP. If you are
an employee, the plan must be through your small employer. You
generally cannot have another health insurance plan.
Definition.
An HDHP has:
- A higher annual deductible than typical health plans,
and
- A maximum limit on the annual out-of-pocket medical expenses
that you must pay for covered expenses.
Limits.
The following tables show the limits for annual deductibles and the
maximum out-of-pocket expenses for high deductible health plans for
2000 and 2001. Limits may be changed in future years because of
inflation adjustments.
2000
Type of coverage |
Minimum annual deductible |
Maximum annual deductible |
Maximum annual out-of-pocket expenses |
Self-only |
$1,550 |
$2,350 |
$3,100 |
Family |
$3,100 |
$4,650 |
$5,700 |
2001
Type of coverage |
Minimum annual deductible |
Maximum annual deductible |
Maximum annual out-of-pocket expenses |
Self-only |
$1,600 |
$2,400 |
$3,200 |
Family |
$3,200 |
$4,800 |
$5,850 |
Family plans that do not currently meet the high deductible
rules.
There are some family plans that have deductibles for individual
family members. These deductibles are less than the annual deductible
for the family plan. Under these plans, if you meet the individual
deductible for one family member, you do not have to meet the annual
deductible amount for the family plan. These plans do not qualify as
HDHPs.
Example.
Mr. Wilber has health insurance with company A in 2000. The annual
deductible for the family plan is $4,500. This plan also has an
individual deductible of $1,800 for each family member. Mr. Wilber's
wife had $2,200 of covered medical expenses. They had no other medical
expenses for 2000. The plan paid $400 to Mr. Wilber because Mrs.
Wilber met the individual deductible of $1,800, even though the
Wilbers did not meet the $4,500 annual deductible for the family plan.
The plan does not qualify as an HDHP.
Insurance companies that have family plans with individual
deductibles may change these health plans to meet the high deductible
rules. Check with your insurance company if you have such a plan to
see if it is going to change the plan to meet the rules.
Other health insurance.
You (or your spouse if you file jointly) generally cannot have any
other health plan that is not an HDHP. However, this rule does not
apply if the other health plan(s) only covers the following items.
- Accidents.
- Disability.
- Dental care.
- Vision care.
- Long-term care.
- Benefits related to workers' compensation laws, tort
liabilities, or ownership or use of property.
- A specific disease or illness.
- A fixed amount per day (or other period) of
hospitalization.
Setting Up an Archer MSA
When you set up an Archer MSA, you will need to work with a trustee
and know the rules for contributing and withdrawing money from the
account.
Archer MSA trustee.
The person or business with whom you set up your Archer MSA is
called a trustee. A trustee can be a bank, insurance
company, or anyone already approved by the IRS to be a trustee of
individual retirement arrangements. Your employer may already have
some information on Archer MSA trustees in your area.
Who can contribute to my Archer MSA?
Your employer may decide to make contributions to an Archer MSA for
you. You do not pay tax on these contributions. If your employer does
not make contributions to your Archer MSA, you can make your own
contributions to your Archer MSA and deduct these amounts on your tax
return without itemizing deductions. Both you and your employer cannot
make contributions to your Archer MSA in the same year. There are
limits to the amounts that can be contributed to your Archer MSA. See
Making Contributions, later. You do not have to make
contributions to your Archer MSA every year.
If your spouse is covered by your HDHP and an amount is contributed
by your spouse (or your spouse's employer) to an Archer MSA belonging
to your spouse, you cannot make contributions to your own Archer MSA
that year.
When can I make withdrawals from my Archer MSA?
You can make tax-free withdrawals from your Archer MSA to pay for
qualified medical expenses (discussed later). If you make withdrawals
for other reasons, the amount you withdraw will be subject to income
tax and may be subject to an excise tax as well. See Receiving
Distributions, later. You do not have to make withdrawals from
your Archer MSA each year.
Changing employers.
If you change employers and still meet the rules for having an
Archer MSA, you can continue to use that Archer MSA. However, you may
not make additional contributions unless you are otherwise eligible.
Making Contributions
There are two limits on the amount you or your employer can
contribute to your Archer MSA. One is based on the annual deductible
of your HDHP. The other is based on your wages or compensation if you
are an employee, or your net self-employment income if you are
self-employed.
Annual deductible.
You can contribute up to 75% of the amount of your annual health
plan deductible (65% if you have a self-only plan) to your Archer MSA.
You must have the insurance all year to contribute the full amount.
For each full month you did not have an HDHP, you must reduce the
amount you can contribute by one-twelfth.
Example 1.
You have an HDHP for your family all year in 2000. The annual
deductible is $4,000. You can contribute $3,000 ($4,000 × 75%)
to your Archer MSA for the year.
Example 2.
You have an HDHP for your family for the entire months of July
through December, 2000 (6 months). The annual deductible is $4,000.
You can contribute $1,500 ($4,000 × 75% × 12 months
× 6 months) to your Archer MSA for the year.
If you and your spouse each have a family plan, you are treated as
having family coverage with the lower annual deductible of the two
health plans. The contribution limit is split equally between you
unless you agree on a different division.
Wages or compensation.
You cannot contribute more than you earned for the year from the
employer through whom you have your HDHP. If you are self-employed,
you cannot contribute more than your net self-employment income. This
is your income from self-employment minus expenses (including the
one-half of self-employment tax deduction).
Example 1.
Bob Smith earned $25,000 from ABC Company in 2000. He had an HDHP
for his family at ABC for the entire year. The annual deductible was
$4,000. He can contribute $3,000 to his Archer MSA (75% ×
$4,000). He can contribute the full amount because he earned more than
$3,000 at ABC.
Example 2.
Joe Craft is self-employed. He had an HDHP for his family for the
entire year in 2000 and the annual deductible was $3,500. Based on the
annual deductible, the maximum contribution to his Archer MSA would
have been $2,625 (75% × $3,500). However, after deducting his
business expenses, Joe's net self-employment income is $1,950 for the
year. Therefore, he is limited to a contribution of $1,950.
Reporting contributions on your return.
Report all contributions to your Archer MSA on Form 8853 and attach
it to your Form 1040. Follow the instructions for Form 8853 and
complete the Line 5 Limitation Worksheet.
You should receive Form 5498-MSA, MSA or
Medicare + Choice MSA Information for 2000, from the trustee
showing the amount you (or your employer) contributed during the year.
You can make contributions to your Archer MSA until April 15 (or the
next business day if April 15 is a Saturday, Sunday, or holiday) of
the following year and deduct them on your Form 1040 for the preceding
year to the extent your total contributions do not exceed your
limitation.
Excess contributions.
You must generally pay a 6% excise tax on contributions you or your
employer make to your Archer MSA that are greater than the limits
discussed earlier. See Form 5329, Additional Taxes Attributable
to IRAs, Other Qualified Retirement Plans, Annuities, Modified
Endowment Contracts, and MSAs, to figure the excise tax.
Excess contributions you make.
You may withdraw some or all of your excess contributions and not
pay the excise tax on the amount withdrawn if you:
- Withdraw these excess contributions by the due date,
including extensions, of your tax return,
- Also withdraw any income earned on the withdrawn
contributions and include the earnings in "other income" on your
tax return for the year you withdraw the contributions and earnings,
and
- Do not claim a deduction on your Form 1040 for the amount of
the withdrawn contributions.
Excess contributions your employer makes.
If your employer makes an excess contribution and the excess was
not included in box 1, Form W-2, you must report the excess as
"other income" on your tax return. However, you may withdraw some
or all of the excess employer contributions and not pay the excise tax
on the amount withdrawn if you:
- Withdraw these excess contributions by the due date,
including extensions, of your tax return,
- Also withdraw any income earned on the withdrawn
contributions and include the earnings in "other income" on your
tax return for the year you withdraw the contributions and earnings,
and
- Do not claim an exclusion from income for the amount of the
withdrawn contributions.
Receiving Distributions
You will generally pay medical expenses during the year without
being reimbursed by your HDHP until you reach the annual deductible.
When you pay medical expenses during the year that are not reimbursed
by your HDHP, you can ask the trustee of your Archer MSA to send you a
distribution from your Archer MSA.
A distribution is money you get from your Archer MSA. The trustee
will report any distribution to you and the IRS on Form
1099-MSA, Distributions From an MSA or Medicare +
Choice MSA.
How to report distributions on your tax return.
How you report your distributions depends on whether or not you use
the distribution for qualified medical expenses (defined
later).
- When you use a distribution from your Archer MSA for
qualified medical expenses, you do not pay tax on the distribution but
you have to report the distribution on Form 8853. Follow the
instructions for the form and attach it to your Form 1040.
- When you do not use a distribution from your Archer MSA for
qualified medical expenses, you must pay tax on the distribution and
report the amount on Form 8853. Follow the instructions for the form
and attach it to your Form 1040. You must also report and pay an
additional tax on your Form 1040 unless you meet one of the exceptions
listed later under Exceptions to the additional tax.
If an amount is contributed to your Archer MSA this year (by you or
your employer), you also must report and pay tax on a distribution you
receive from your Archer MSA this year that is used to pay for medical
expenses of someone who is not covered by an HDHP, or is also covered
by another health plan that is not an HDHP, at the time the expenses
are incurred. See the instructions for Form 8853 for more information.
Reporting and paying the additional tax.
There is a 15% additional tax on the part of your distributions not
used for qualified medical expenses. You report the additional tax in
the Other Taxes section of your Form 1040.
Exceptions to the additional tax.
There is no additional tax if you are disabled, age 65 or older, or
die during the year.
Death of the Archer MSA holder.
You should choose a beneficiary when you set up your Archer MSA.
What happens to that Archer MSA when you die depends on whom you
designate as the beneficiary.
Spouse is the designated beneficiary.
If your spouse is the designated beneficiary of your Archer MSA, it
will be treated as your spouse's Archer MSA after your death.
Spouse is not the designated beneficiary.
If someone other than your spouse is the designated beneficiary of
your Archer MSA, on the date you die:
- The account stops being an Archer MSA, and
- The fair market value of the Archer MSA becomes taxable to
the designated beneficiary.
No designated beneficiary.
If you have no beneficiary, the fair market value of the Archer MSA
will be included on your final income tax return after your death.
Qualified Medical Expenses
Qualified medical expenses are explained in Publication 502,
Medical and Dental Expenses. Examples include amounts paid
for doctors' fees, prescription medicines, and necessary hospital
services.
You cannot deduct qualified medical expenses as an itemized
deduction on Schedule A (Form 1040) if you pay for them with a
tax-free distribution from your Archer MSA. You also cannot claim a
deduction if you use other funds equal to the amount of the
distribution.
Special rules for insurance premiums.
Generally, you cannot treat insurance premiums as qualified medical
expenses for Archer MSAs. You can, however, treat premiums for
long-term care, health care coverage while you receive unemployment
benefits, or health care continuation coverage required under any
federal law as qualified medical expenses for Archer MSAs.
Recordkeeping. For each qualified medical expense you
deduct as an itemized deduction on Schedule A or pay with a
distribution from your Archer MSA, you must keep a record of the name
and address of each person you paid and the amount and date of the
payment. Do not send these records with your tax return. Keep them
with your tax records.
Filing Form 8853
You must file Form 8853 and attach it to Form 1040 if you (or your
spouse, if married filing a joint return) had any activity on your
Archer MSA during the year. You must file the form even if your
employer or your spouse's employer made contributions to the Archer
MSA.
Employer Participation
This section contains the rules that employers must follow if they
decide to make Archer MSAs available to their employees. Unlike the
previous discussions, "you" refers to the employer, and not to
the employee.
Health plan.
If you want your employees to be able to have an Archer MSA, you
must make an HDHP available to them. You can provide no additional
coverage other than those exceptions listed previously under
Other health insurance.
Contributions.
You can make contributions to your employees' Archer MSAs. You
deduct the contributions on the "Employee benefit programs" line
of your business income tax return for the year you make these
contributions.
Comparable contributions.
If you decide to make contributions, you must make comparable
contributions to all comparable participating employees' Archer MSAs.
Your contributions are comparable if they are either:
- The same amount, or
- The same percentage of the annual deductible limit under the
HDHP covering the employees.
Comparable participating employees.
Comparable participating employees:
- Are covered by your HDHP and are eligible to establish an
Archer MSA,
- Have the same category of coverage (either self-only or
family coverage), and
- Have the same category of employment (either part-time or
full-time).
Additional tax.
If you made contributions to your employees' Archer MSAs that were
not comparable, you must pay an additional tax of 35% of the amount
you contributed. Get Form 5330, Return of Excise Taxes
Related to Employee Benefit Plans, to report and pay this tax.
Employment taxes.
Amounts you contribute to your employees' Archer MSAs are generally
not subject to employment taxes. You must report the contributions in
box 13 of the Form W-2 you file for each employee during the
calendar year. Enter Code "R" in box 12.
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