Tax Advantages to Look Out for in HSAs

Experts at the PLANADVISER/PLANSPONSOR 2023 HSA Conference pointed out many similarities between HSA contributions and 401(k) plan contributions.


Tax advantages and other key benefits of health savings accounts share many similarities with those of 401(k) plans, according to experts speaking Wednesday at the PLANADVISER/PLANSPONSOR 2023 HSA Conference.

If the most basic benefit of a defined contribution retirement plan is to gain a tax advantage on long-term investments, then health savings accounts can serve a very similar purpose, according to Jake Spiegel, a research associate at the Employee Benefit Research Institute, said on a conference webinar titled, “Understanding HSAs.”

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“An HSA is an incredibly flexible, tax-advantaged account relative to a 401(k),” Spiegel said. “Contributions are made on a pre-tax basis like a traditional 401(k). Distributions for qualified medical expenditures are also tax-free, sort of like a Roth 401(k).”

Investments within HSAs grow tax-free, and contributions made through payroll deductions are not subject to FICA taxes, Spiegel said. “You get an additional 7.65% tax break in contributions if you’re subject to FICA tax,” he noted.

Spiegel said a noteworthy benefit of HSAs is that users can be reimbursed for an expense incurred in a previous year, provided the HSA already existed and the user still has documentation. One wealth-maximizing strategy is to pay for medical expenditures out of pocket as they are incurred, then submit for reimbursements for previously incurred medical expenditures when retirement spending needs arise.

“Health care spending for couples in retirement can be pretty substantial,” said Spiegel. “We’ve done some modelling that suggests for couples that have very high prescription drug expenditures, couples that are facing relatively high health care cost in retirement may need as much as about $380,000 to cover all of their medical expenses in retirement. HSAs can go a long way to offset that pretty significant health care cost burden in retirement.”

Steve Durso, associate director of benefits accounts at Willis Towers Watson, noted that some employers also contribute to HSAs just like 401(k)s. He said it is very common for an employer to contribute an HSA seed, and some companies offer a 401(k)-like match.

Durso pointed out other similarities, including catch-up contribution capability. “I think a lot of people know that 401(k)s and 403(b)s allow catch-up contributions starting at age 50,” he said. “For HSAs, it’s age 55, and if you’re 55 or older, you can actually contribute an extra $1,000 toward your HSA for the year.”

Saghi Fattahian, a partner in Morgan, Lewis & Bockius LLP, said the tax advantages are true for any type of contribution, whether it is made by the employee, the employer or as a catch-up. The tax implications are the same, as long as a participant is being reimbursed for medical expenses, which are 213(d) expenses under the Internal Revenue Code.

“If you do reimburse yourself for an expense that is not a medical expense, it would be subject to income taxation,” Fattahian said. “It would be inputted as income, and you may have potential penalties to pay associated with that reimbursement. But you can also invest the dollars you have in your HSA so those dollars can grow like they would in a 401(k) plan.”

Overall, if used correctly, there are a lot of “similarities with regards to HSA contribution and how it works on the defined contribution side with 401(k) plans,” Saghi said.

 

SEC Updates Guidance on Adviser Investment Obligations

The latest guidance adds teeth to initial Regulation Best Interest, passed in 2019.


The U.S. Securities and Exchange Commission on Thursday released more guidance to investment advisers and broker/dealers regarding their obligations to retail investors when recommending investment products.

The bulletin builds on a 2019 Regulation Best Interest rule created under a Republican-led SEC describing the key obligations advisers have when giving investment advice and recommendations to clients.

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Thursday’s guidance, coming in the form of a 20-question FAQ, explained that advisers must have a comprehensive understanding of the investment they are recommending and cannot rely on an approved investment list from their firm. Specifically, they must consider factors such as client objectives, the investment’s expected performance, risks, unusual features, costs and the client’s profile and time horizon. The bulletin said that costs are always relevant to a recommendation and can include fees, commissions and tax considerations.

Familiarity with a client’s profile should include information on their debts and financial situation, other investments, liquidity needs, time horizon and other factors. These factors need to be evaluated on a continuing basis, since they can easily change over time. According to the SEC, if some information cannot be obtained, the adviser “should generally decline to provide such recommendations or advice until you obtain the necessary investor information.”

Some advisers may only have a limited number of investments they can offer a client, which, according to the SEC, does not permit an adviser to provide advice that is in the client’s best interest. “A firm and its financial professionals cannot rely on a limited menu to justify recommending an investment or providing advice that does not satisfy the obligation to act in a retail investor’s best interest,” the SEC wrote.

Advisers must also consider the client they are advising in terms of the complexity of the investment offering, according to the bulletin.

“In addition to developing an understanding of the product, firms and their financial professionals should obtain information about the retail investor that supports a conclusion that a complex or risky product is in that retail investor’s best interest,” the SEC wrote.

The regulator addressed financial professionals who are licensed as both a broker/dealer and an adviser. The bulletin said that such a person must disclose in which capacity they are working, and different obligations may “be triggered at different times.”

The guidance is the third from the SEC building on the initial best interest rule and the Investment Advisers Act of 1940; it had issued an interpretative bulletin in 2022 noting that practically all financial professionals have at least some conflict of interest when working with retail investors, and they should be proactive in avoiding those conflicts. 

In June 2022, the regulator brought the first charges under the regulation against broker/dealer Western International Securities Inc., alleging it failed to act in the best interest of customers when the firm allegedly sold them more than $13 million in unrated, high-risk bonds. The case is currently in U.S. District Court for the Central District of California. 

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