USA Health Savings without having high deductible plan

[controller653]

Say someone I know is making contributions to an existing health savings account from a prior employers with a high deductible plan.

Person switches jobs to an amazing company with a great health plan. And the person still contributes to the HSA to get a tax deduction but does not have a high deductible plan.

The contributions are reported to the IRS, yes. But will this trigger an alert based on the health plan I am on is reported?

I feel like I have been doing this for at least 3 years and still no audit.

Does anyone have any advice on if I should stop and take my wins in prior years or keep this going? I mean .. this person I know.

 

[kirby]

Your post is misplaced in this forum as you already know the correct tax treatment.

You should post this in a legal forum that deals with tax fraud questions.

Keep in mind there is no statute of limitations for fraudulent returns.