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Ann Arbor Michigan Form 8853: What You Should Know

A) Yes, you can. This can be done if your state-provided MSA provides more benefits than the federal government provides. Q) Is it possible to file Form 8853 for an Archer MSA for a period that your spouse is a patient? A) Yes. In my experience and based on my conversations with a number of clients, if a state-provided MSA is the source of the MSA earnings and if the state provided benefits to a patient for a longer period of time than the federal government provides benefits, then the state can file Form 8853 for that MSA for the amount of benefits that the federal government provides at the same time they file Form 8853 for the MSA earnings of the patient. Q) Can I transfer MSA earnings to my spouse's MSA? A) As far as I know, no. In many cases, you are required to report the MSA earnings of the patient on Form 8853. Q) Are there penalties for filing incorrect or late Form 8853? A) Yes, depending on the reason you filed the incorrect or the late form. The most common reason is if you didn't file the form in time, and you are charged an interest penalty on the 5.00 per-document fee. Q) If I have more than one MSA and my spouse's MSA is receiving a higher rate of payments as well as more medical expenses, do I have to file more than one Form 8853 for the MSA for that year? A) No. If you have more than one MSA and your spouse's MSA is receiving a higher rate of payments as well as more medical expenses, you'll want to file the correct form. If you are responsible for the MSA for both MSA's, then you can use Form 8949 to fill out multiple Form 8853. Q) If I am the primary taxpayer, am I responsible to provide Form 8853 for the patient from the state-providing MSA? A) Yes, unless you filed your return on a post-employment basis.

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