Sec. 110209. Allow both spouses to make catch-up contributions to the same health savings account
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Section 223(b)(5) is amended to read as follows: In the case of individuals who are married to each other, if both spouses are eligible individuals and either spouse has family coverage under a high deductible health plan as of the first day of any month— the limitation under paragraph
(1)shall be applied by not taking into account any other high deductible health plan coverage of either spouse (and if such spouses both have family coverage under separate high deductible health plans, only one such coverage shall be taken into account), such limitation (after application of clause (i)) shall be reduced by the aggregate amount paid to Archer MSAs of such spouses for the taxable year, and such limitation (after application of clauses
(i)and (ii)) shall be divided equally between such spouses unless they agree on a different division. If both spouses referred to in subparagraph
(A)have attained age 55 before the close of the taxable year, the limitation referred to in subparagraph (A)(iii) which is subject to division between the spouses shall include the additional contribution amounts determined under paragraph
(3)for both spouses. In any other case, any additional contribution amount determined under paragraph
(3)shall not be taken into account under subparagraph (A)(iii) and shall not be subject to division between the spouses. . The amendments made by this section shall apply to taxable years beginning after December 31, 2025.