26Title 26The US tax code, read & explained

26 U.S.C. § 4980G

§ 4980G. Failure of employer to make comparable health savings account contributions

161 words · amended 1 times · cited by 1 other sections

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No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Added in 2003 by the Public Law 108-173. Last changed December 20, 2006 by the Public Law 109-432.

Every change, newest first (2)
  1. December 20, 2006Public Law 109-432
  2. December 8, 2003Public Law 108-173 · added this section

The law as written

Current through Public Law 119-102. Amendment notes omitted.

(a) General rule

In the case of an employer who makes a contribution to the health savings account of any employee during a calendar year, there is hereby imposed a tax on the failure of such employer to meet the requirements of subsection (b) for such calendar year.

(b) Rules and requirements

Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section.

(c) Regulations

The Secretary shall issue regulations to carry out the purposes of this section, including regulations providing special rules for employers who make contributions to Archer MSAs and health savings accounts during the calendar year.

(d) Exception

For purposes of applying section 4980E to a contribution to a health savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees.