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Old 04-05-2008, 03:33 AM   #1
kennethjyoung
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Flexible Spending Account for self employed

Is there anything equivalent to a flexible spending account or health reimbursement account available to self employed? IRS code excludes self employed from these two programs. An HSA or MSA won't help me.
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Old 04-10-2008, 08:08 PM   #2
maxwell50
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Why won't an HSA help you? It seems to fit the description of what you are asking for.
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Old 04-14-2008, 12:53 PM   #3
kennethjyoung
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My HDHP is not HSA qualifying. It would be prohibitively expensive (legal issues) to switch to such plan. Additionally, the HSA qualified plans I reviewed were not appropriate for my situation.
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Old 04-14-2008, 02:00 PM   #4
maxwell50
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According to the Dept of Labor, as of 2002, HRA's are available to the self employed: http://www.bls.gov/opub/cwc/cm20031022ar01p1.htm

They are calling them "health reimbursement arrangements" now. If you go this route, you will need a plan administrator who will draw up the plan according to your needs, then do all the annual nondiscrimination testing and annual IRS compliance reporting for you. It requires a bit more involvement on the administrative side compared to a regular HSA account. I did a quick search on google for "health reimbursement arrangement administrators", and came up with a list of available HRA administrators that specialize in this. I hope this info is helpful.
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Old 04-15-2008, 09:26 AM   #5
kennethjyoung
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Thanks Maxwell. I came across that document as well. I found the following statement in IRS Publication 969 (2007) which led me to believe that HRAs aren't allowed for self-employed:


Qualifying for an HRA

HRAs are employer-established benefit plans. These may be offered in conjunction with other employer-provided health benefits. Employers have complete flexibility to offer various combinations of benefits in designing their plan. You do not have to be covered under any other health care plan to participate.

Self-employed persons are not eligible for an HRA.




I have to assume the summary table at the bottom of http://www.bls.gov/opub/cwc/cm20031022ar01p1.htm is slightly in error as it lists "all employees" as eligible for HRA and rather it should read "all employees except self-employed" (same as FSA) according to the above IRS statement. Maybe I missed something?

I'm starting to think it's HSA or nothing for a "self-employed flexible spending account" equivalent.

Last edited by kennethjyoung : 04-15-2008 at 10:21 AM.
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Old 04-15-2008, 12:31 PM   #6
maxwell50
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You are right, the IRS publication specifically says that self employed people are not eligible, while the department of labor specifically says that self employed people ARE eligible. Evidently a classic example of asking two government workers the same question, and getting two opposite answers, and yet they are both supposed to know what they are talking about. I can only conclude that one of these answers is wrong, or at the very least, they are not telling you the whole story.

I would suggest talking to an HRA administrator company and telling them about what you need, and see if they will be able to assist you. I suspect that the answer you get may also vary from one HRA administrator to another, for the reason that there is more than one way to draft an HRA plan. If none of these administrators can help you, then it really does seem that your are left with a choice of either an HSA or nothing.
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