§138. Medicare Advantage MSA — Inbound Citations
26 U.S.C. § 138
Cited by 2 provisions in release 119-102.
Citations to §138(c)(2)
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(R) section 138(c)(2) (relating to penalty for distributions from Medicare Advantage MSA not used for qualified medical expenses if minimum balance not maintained),
Citations to §138(c)(3)
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(d) For purposes of this section, in the case of Archer MSAs (within the meaning of section 220(d)), the term “excess contributions” means the sum of—(1) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions described in section 220(f)(5)) which is neither excludable from gross income under section 106(b) nor allowable as a deduction under section 220 for such year, and(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of—(A) the distributions out of the accounts which were included in gross income under section 220(f)(2), and(B) the excess (if any) of—(i) the maximum amount allowable as a deduction under section 220(b)(1) (determined without regard to section 106(b)) for the taxable year, over(ii) the amount contributed to the accounts for the taxable year.For purposes of this subsection, any contribution which is distributed out of the Archer MSA in a distribution to which section 220(f)(3) or section 138(c)(3) applies shall be treated as an amount not contributed.