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.
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.
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.
Pub. L. 109–432, div. A, title III, § 306(b),Dec. 20, 2006, 120 Stat. 2951, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2006.”
Section applicable to taxable years beginning after Dec. 31, 2003, see section 1201(k) ofPub. L. 108–173, set out as an Effective Date of 2003 Amendment note under section
62 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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