Federal Health Savings Trust Account

Health Savings Trust Account
Form 5305-B (Rev. October 2016)
Form

5305-B

(Rev. October 2016)
Department of the Treasury
Internal Revenue Service

Health Savings Trust Account

Do not file
with the Internal
Revenue Service

(Under section 223(a) of the Internal Revenue Code)

Name of account owner (grantor)

Date of birth of account owner

Address of account owner (Street address, city, state, ZIP code)
Name of trustee

Address or principal place of business of trustee

The account owner named above is establishing this health savings account (HSA) exclusively for the purpose of paying or reimbursing qualified
medical expenses of the account owner, his or her spouse, and dependents. The account owner represents that, unless this account is used solely to
make rollover contributions, he or she is eligible to contribute to this HSA; specifically, that he or she: (1) is covered under a high deductible health plan
(HDHP); (2) is not also covered by any other health plan that is not an HDHP (with certain exceptions for plans providing preventive care and limited
types of permitted insurance and permitted coverage); (3) is not enrolled in Medicare; and (4) cannot be claimed as a dependent on another person’s
tax return.
$

dollars in cash is assigned to this trust account.

The account owner and the trustee make the following agreement:

Article I
1. The trustee will accept additional cash contributions for the tax year made by the account owner or on behalf of the account owner (by an
employer, family member, or any other person). No contributions will be accepted by the trustee for any account owner that exceeds the
maximum amount for family coverage plus the catch-up contribution.
2. Contributions for any tax year may be made at any time before the deadline for filing the account owner’s federal income tax return for that year
(without extensions).
3. Rollover contributions from an HSA or an Archer Medical Savings Account (Archer MSA) (unless prohibited under this agreement) need not be in
cash and are not subject to the maximum annual contribution limit set forth in Article II.
4. Qualified HSA distributions from a health flexible spending arrangement or health reimbursement arrangement must be completed in a trusteeto-trustee transfer and are not subject to the maximum annual contribution limit set forth in Article II.
5. Qualified HSA funding distributions from an individual retirement account must be completed in a trustee-to-trustee transfer and are subject to
the maximum annual contribution limit set forth in Article II.

Article II
1. For calendar year 2011, the maximum annual contribution limit for an account owner with single coverage is $3,050. This amount increases to
$3,100 in 2012. For calendar year 2011, the maximum annual contribution limit for an account owner with family coverage is $6,150. This
amount increases to $6,250 in 2012. These limits are subject to cost-of-living adjustments after 2012.
2. Contributions to Archer MSAs or other HSAs count toward the maximum annual contribution limit to this HSA.
3. For calendar year 2009 and later years, an additional $1,000 catch-up contribution may be made for an account owner who is at least age 55 or
older and not enrolled in Medicare.
4. Contributions in excess of the maximum annual contribution limit are subject to an excise tax. However, the catch-up contributions are not
subject to an excise tax.

Article III
It is the responsibility of the account owner to determine whether contributions to this HSA have exceeded the maximum annual contribution limit
described in Article II. If contributions to this HSA exceed the maximum annual contribution limit, the account owner shall notify the trustee that there
exist excess contributions to the HSA. It is the responsibility of the account owner to request the withdrawal of the excess contribution and any net
income attributable to such excess contribution.

Article IV
The account owner’s interest in the balance in this trust account is nonforfeitable.

Article V
1. No part of the trust funds in this account may be invested in life insurance contracts or in collectibles as defined in section 408(m).
2. The assets of this account may not be commingled with other property except in a common trust fund or common investment fund.
3. Neither the account owner nor the trustee will engage in any prohibited transaction with respect to this account (such as borrowing or pledging
the account or engaging in any other prohibited transaction as defined in section 4975).

Article VI
1. Distributions of funds from this HSA may be made upon the direction of the account owner.
2. Distributions from this HSA that are used exclusively to pay or reimburse qualified medical expenses of the account owner, his or her spouse, or
dependents are tax-free. However, distributions that are not used for qualified medical expenses are included in the account owner’s gross
income and are subject to an additional 20 percent tax on that amount. The additional 20 percent tax does not apply if the distribution is made
after the account owner’s death, disability, or reaching age 65.
3. The trustee is not required to determine whether the distribution is for the payment or reimbursement of qualified medical expenses. Only the
account owner is responsible for substantiating that the distribution is for qualified medical expenses and must maintain records sufficient to
show, if required, that the distribution is tax-free.
Cat. No. 38260U

Form

5305-B

(Rev. 10-2016)

Form 5305-B (Rev. 10-2016)

Page

2

Article VII
If the account owner dies before the entire interest in the account is distributed, the entire account will be disposed of as follows:
1. If the beneficiary is the account owner’s spouse, the HSA will become the spouse’s HSA as of the date of death.
2. If the beneficiary is not the account owner’s spouse, the HSA will cease to be an HSA as of the date of death. If the beneficiary is the account
owner’s estate, the fair market value of the account as of the date of death is taxable on the account owner’s final return. For other beneficiaries,
the fair market value of the account is taxable to that person in the tax year that includes such date.

Article VIII
1. The account owner agrees to provide the trustee with information necessary for the trustee to prepare any report or return required by the IRS.
2. The trustee agrees to prepare and submit any report or return as prescribed by the IRS.

Article IX
Notwithstanding any other article that may be added or incorporated in this agreement, the provisions of Articles I through VIII and this sentence are
controlling. Any additional article in this agreement that is inconsistent with section 223 or IRS published guidance will be void.

Article X
This agreement will be amended from time to time to comply with the provisions of the Code or IRS published guidance. Other amendments may be
made with the consent of the persons whose signatures appear below.

Article XI
Article XI may be used for any additional provisions. If no other provisions will be added, draw a line through this space. If provisions are added, they
must comply with the requirements of Article IX.

Account owner’s signature

Date

Trustee’s signature

Date

Witness’ signature
(Use only if signature of account owner or trustee is required to be witnessed.)

What's New
Additional Tax Increased. For tax years
beginning after December 31, 2010, the
additional tax on distributions not used for
qualified medical expenses increases from
10% to 20%.

General Instructions
Section references are to the Internal Revenue
Code.

Purpose of Form
Form 5305-B is a model trust account
agreement that has been approved by the
IRS. An HSA is established after the form is
fully executed by both the account owner and
the trustee. The form can be completed at any
time during the tax year. This account must
be created in the United States for the
exclusive benefit of the account owner.
Do not file Form 5305-B with the IRS.
Instead, keep it with your records. For more
information on HSAs, see Notice 2004-2,
2004-2 I.R.B. 269, Notice 2004-50, 2004-33
I.R.B. 196, Pub. 969, Health Savings
Accounts and Other Tax-Favored Health
Plans, and other IRS published guidance.

Definitions
Identifying Number. The account owner’s
social security number will serve as the
identification number of this HSA. For married

persons, each spouse who is eligible to open
an HSA and wants to contribute to an HSA
must establish his or her own account. An
employer identification number (EIN) is
required for an HSA for which a return is filed
to report unrelated business taxable income.
An EIN is also required for a common fund
created for HSAs.
High Deductible Health Plan (HDHP). For
calendar year 2011, an HDHP for self-only
coverage has a minimum annual deductible of
$1,200 and an annual out-of-pocket
maximum (deductibles, co-payments and
other amounts, but not premiums) of $5,950.
In 2012, the $1,200 minimum annual
deductible remains the same and the annual
out-of-pocket maximum increases to $6,050.
For calendar year 2011, an HDHP for family
coverage has a minimum annual deductible
of $2,400 and an annual out-of-pocket
maximum of $11,900. In 2012, the $2,400
minimum annual deductible remains the same
and the annual out-of-pocket maximum
increases to $12,100. These limits are subject
to cost-of-living adjustments after 2012.
Self-only coverage and family coverage
under an HDHP. Family coverage means
coverage that is not self-only coverage.
Qualified medical expenses. Qualified
medical expenses are amounts paid for
medical care as defined in section 213(d) for
the account owner, his or her spouse, or

dependents (as defined in section 152) but
only to the extent that such amounts are not
compensated for by insurance or otherwise.
With certain exceptions, health insurance
premiums are not qualified medical expenses.
Trustee. A trustee of an HSA must be a
bank, an insurance company, a person
previously approved by the IRS to be a
trustee of an individual retirement account
(IRA) or Archer MSA, or any other person
approved by the IRS.

Specific Instructions
Article XI. Article XI and any that follow it may
incorporate additional provisions that are
agreed to by the account owner and trustee.
The additional provisions may include, for
example, definitions, restrictions on rollover
contributions from HSAs or Archer MSAs
(requiring a rollover not later than 60 days
after receipt of a distribution and limited to
one rollover during a one-year period),
investment powers, voting rights, exculpatory
provisions, amendment and termination,
removal of trustee, trustee’s fees, state law
requirements, treatment of excess
contributions, distribution procedures
(including frequency or minimum dollar
amount), use of debit, credit, or stored-value
cards, return of mistaken distributions, and
descriptions of prohibited transactions. Attach
additional pages if necessary.

Form

5305-B

(Rev. 10-2016)