T.D. 9457, under Section 4980G, provides guidance on employer comparable contributions to Health Savings Accounts, as amended by the Tax Relief and Health Care Act of 2006. The regulations provide guidance on contributions to nonhighly compensated employees, guidance for employers that offer qualified HSA distributions, and guidance for employers that choose to make the maximum annual HSA contribution on behalf of all employees who are eligible individuals during the last month of the taxable year. The regulations also provide guidance relating to the manner and method of reporting and paying the excise tax under Sections 4980B, 4980D, 4980E, or 4980G.
Section 4980G.—Failure regulations that provide guidance relating 305 of the Tax Relief and Health Care Act of Employer to Make to the excise tax under sections 4980B, of 2006 (the Act), Pub. L. No. 109–432, Comparable Health Savings 4980D, 4980E, and 4980G apply to any under paragraph (d) of section 4980G of Account Contributions Form 8928 that is due on or after January the Code, as enacted by section 306 of the 1, 2010. Act, and under Section 4980E of the Code. 26 CFR 54.4980B–0: Table of contents. Under section 4980G, an excise tax FOR FURTHER INFORMATION is imposed on an employer that fails to T.D. 9457 CONTACT: Concerning the final regu- make comparable contributions to the lations as they relate to sections 4980E HSAs of its employees. On July 31, DEPARTMENT OF THE or 4980G, Mireille Khoury at (202) 2006, final regulations on comparability TREASURY 622–6080; and concerning the final reg- were published in the Federal Regis- Internal Revenue Service ulations as they relate to section 4980B ter, REG–143797–06, 2007–1 C.B. 1495 or 4980D, Russ Weinheimer at (202) [72 FR 30501], T.D. 9277, 2006–2 C.B. 26 CFR part 54 622–6080 (not toll-free numbers). 226 . In addition, on April 17, Employer Comparable 2008, final regulations were published SUPPLEMENTARY INFORMATION: in the Federal Register, 73 FR 20794, Contributions to Health T.D. 9393, 2008–20 I.R.B. 975, providing Savings Accounts Under Paperwork Reduction Act guidance on employer comparable con- Section 4980G, and The collection of information con- tributions to HSAs in instances where an Requirement of Return tained in these regulations has been re- employee has not established an HSA by for Filing of the Excise Tax viewed and approved by the Office of December 31st and in instances where an Management and Budget in accordance employer accelerates contributions for the Under Section 4980B, 4980D, calendar year for employees who have with the Paperwork Reduction Act of 4980E, or 4980G incurred qualified medical expenses. See 1995 (44 U.S.C. 3507(d)), under control number 1545–2146. The collection of §601.601(d)(2). AGENCY: Internal Revenue Service This document also contains final (IRS), Treasury. information in these final regulations is in §54.6011–2. The collection of information amendments to the Excise Tax Regula- ACTION: Final regulations. results from the requirement to file a return tions (26 CFR part 54) under sections for the payment of the excise tax under 4980B and 4980D. Under section 4980B, SUMMARY: This document contains fi- section 4980B, 4980D, 4980E, or 4980G group health plans maintained by an em- nal regulations providing guidance on of the Code. The likely respondents are ployer with 20 or more employees must employer comparable contributions to employers that contribute to employees’ comply with continuation coverage re- Health Savings Accounts (HSAs) under HSAs and Archer MSAs, employers or quirements. If a plan does not satisfy these section 4980G of the Internal Revenue employee organizations that sponsor a requirements, an excise tax is imposed of Code (Code) as amended by sections 302, group health plan, and certain third parties $100 per day per affected beneficiary. Fi- 305 and 306 of the Tax Relief and Health such as insurance companies or HMOs nal regulations under section 4980B have Care Act of 2006 (the Act). The final or third-party administrators who are been published, including provisions con- regulations also provide guidance relating responsible for providing benefits under cerning the excise tax, but no return filing to the manner and method of reporting the plan. requirement has previously been imposed. and paying the excise tax under sections An agency may not conduct or sponsor, See §54.4980B–2, Q&A–9 and Q&A–10. 4980B, 4980D, 4980E, and 4980G of the and a person is not required to respond to, a Moreover, under chapter 100 of the Code, Code. These final regulations would affect collection of information unless it displays group health plans must comply with var- employers that contribute to employees’ a valid control number assigned by the Of- ious requirements, including limitations HSAs and Archer MSAs, employers or fice of Management and Budget. on preexisting condition exclusions, cer- employee organizations that sponsor a Books or records relating to a collection tification of creditable coverage, special group health plan, and certain third parties of information must be retained as long enrollments, prohibitions against discrim- such as insurance companies or HMOs or as their contents might become material in ination based on a health factor (including third-party administrators who are respon- the administration of any internal revenue genetic information), parity between men- sible for providing benefits under the plan. law. Generally, tax returns and tax return tal health benefits and medical/surgical information are confidential, as required benefits, minimum hospital lengths of stay DATES: Effective Date. These regulations by 26 U.S.C. 6103. in connection with childbirth, and contin- are effective on September 8, 2009. ued coverage for post-secondary students Applicability Date. The sections of Background with a serious medical condition. If a plan these regulations that provide guidance does not satisfy any of these requirements on employer comparable contributions This document contains final amend- under chapter 100, section 4980D imposes to HSAs under section 4980G apply to ments to the Excise Tax Regulations an excise tax of $100 per day per affected employer contributions made on or after (26 CFR part 54) under section 4980G of individual. Regulations
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