December 19, 2006 Newsletter

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David M. Kaufmann, CPA

7200 S. Alton Way,
Suite B-195
Centennial, CO 80112
Voice: 720.493.4804
 (toll-free) 800.326.6686

Fax: 303.796.7768
(toll-free) 888.326.6686

Email: contact2@kaufmann-cpa.com

2007 HSA - IRA "Loophole"

The Tax Relief and Health Care Act of 2006 brought an early Christmas present for those that have or want to have a HSA in 2007 and also have an IRA.

A HSA is a Health Savings Account.  The HSA is like a combination high deductible medical insurance plan and a savings type account to pay for the deductible.  This newsletter is not meant to discuss the pros and cons for HSAs.  A HSA may or may not be right for you.  The purpose of this newsletter is to discuss a one - time possible tax opportunity.

The Loophole

One - time, after 2006, people with a HSA and an IRA can make a rollover (trustee to trustee) from the IRA to the HSA.

Why This Is A Loophole

Very simply, distributions from traditional IRAs are taxable income.  If the taxpayer is not over 59½, there is also a 10% penalty.  With this loophole, there is no tax on the distribution and no penalty.

My first thought was, "Now you have less money for your retirement."  Solution: Take the money that you would have contributed to your HSA, but now don't have to, and contribute it to your IRA.  A contribution to your IRA generates a deduction.  A contribution to your HSA does not generate a deduction.

How The Numbers Work Out

Assume that you are in a 30% (federal and state) tax bracket.  This also assumes that you were planning to make a $5,000 contribution to your HSA in 2007.

  OLD LAW NEW LAW
Cash From IRA $5,000 $5,000
Cash Paid To HSA -5,000 -5,000
Tax On IRA Distribution -1,500 0
2007 IRA Contribution -5,000 -5,000
Tax Savings On IRA Contrib. 1,500 1,500
Net Cashflow -$5,000 -$3,500
  ====== ======
SAVINGS   $1,500

A Note

Talk to a tax professional before you try this.  This is an oversimplification.  Some may not be able to contribute to a traditional IRA in 2007.  Increasing you contribution, if you can, to a 401k plan may have the same results.  Some business can contribute to HSA plans and deduct those contributions.

Circular 230 Disclosure

To ensure compliance with requirements imposed by the IRS, we inform you that (i) any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.