HSA Medicare Penalty: What Happens If You Contribute?
The penalty is a 6% excise tax on excess HSA contributions. The problem is not owning an HSA while on Medicare — it is making new contributions after Medicare starts. Once you are enrolled in any part of Medicare, including Part A, both your own contributions and your employer's payroll contributions become excess contributions under IRS rules and are subject to income tax plus a 6% excise tax. Existing HSA funds are not affected and do not need to be withdrawn.
Frequently Asked Questions
- Do I have to close my HSA when I enroll in Medicare?
- No. You can keep your HSA account open and continue spending existing funds tax-free on qualified medical expenses — including Medicare Part B, Part D, and Medicare Advantage premiums. You cannot make new contributions once any Medicare part begins, but the account itself does not need to be closed and your balance is not forfeited.
- What is the retroactive Part A trap?
- When you apply for Social Security or Medicare at age 65 or later, Part A can begin up to 6 months before your application date — but no earlier than the month you first became Medicare-eligible. Any HSA contributions made by you or your employer during those retroactive months may be treated as excess contributions by the IRS, triggering income tax and a 6% excise tax. To avoid this, stop all contributions at least 6 months before you plan to apply.
- Do employer HSA contributions count toward the penalty?
- Yes. Your employer's payroll deposits to your HSA are subject to the same IRS excess contribution rules as your own deposits. Once you are enrolled in any part of Medicare, employer contributions also become excess. Coordinate with your HR department or payroll provider to stop employer contributions before Medicare enrollment begins.