26 U.S.C. § 4980G — Failure of employer to make comparable health savings account contributions
submitted 23 years ago by Pub. L. 108-173 to r/title-26-INTERNAL-REVENUE-CODE · 149 words · no verdicts yet
(a) An employer contributing to an employee's HSA during a calendar year is taxed for failing the comparable-contribution rules. (b) Section 4980E's rules and requirements apply similarly.
(a) An employer contributing to an employee's HSA during a calendar year is taxed for failing the comparable-contribution rules. (b) Section 4980E's rules and requirements apply similarly. (c) The Secretary* must issue implementing regulations, including rules for employers contributing to both Archer MSAs and HSAs. (d) When section 4980E applies to an HSA contribution for an employee* who is not highly compensated, highly compensated employees are not comparable participating employees.
In the case of an employer who makes a contribution to the health savings account of any employee* during a calendar year, there is hereby imposed a tax on the failure of such employer to meet the requirements of subsection (b) for such calendar year.
Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section.
The Secretary* shall issue regulations to carry out the purposes of this section, including regulations providing special rules for employers who make contributions to Archer MSAs and health savings accounts during the calendar year.
For purposes of applying section 4980E to a contribution to a health savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees.
Source credit: (Added Pub. L. 108–173, title XII, § 1201(d)(4)(A), Dec. 8, 2003, 117 Stat. 2478; amended Pub. L. 109–432, div. A, title III, § 306(a), Dec. 20, 2006, 120 Stat. 2951.)
- 2003Enacted · Pub. L. 108-173 · 117 Stat. 2478
- 2006Amended · Pub. L. 109-432 · 120 Stat. 2951
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-173 on 2003-12-08.
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