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About Dan Lively
Expertise
I can answer questions regarding personal, corporate, partnership, estate and gift taxes. These questions can relate to problems, compliance, or planning. I am well versed in IRS audit and collection procedures and can respond to questions you may have in this area as well.

Experience
I am an attorney in the state of CA that is certified as a tax specialist by the State Bar of California Board of Legal Specialization. I am also a Certified Public Accountant, and have an LL.M in Taxation. Further, I am an adjunct professor of taxation at Whittier College of Law.

Organizations
Orange County Bar Association American Bar Association Orange Coast Estate Planning Counsel American Association of Attorney/CPA's California Bar Association

Publications
Apartment Journal Taxing Advice California CPA Journal

Education/Credentials
LL.M (Taxation) - Chapman University College of Law JD (Law) - Western State University College of Law BS (Accounting) - California State University, Northridge

Awards and Honors
• American Jurisprudence Award – Federal Taxation • American Jurisprudence Award – Wills • American Jurisprudence Award – Estate Taxation • Cal Jur Award – Partnership Tax • Cal Jur Award – Corporate Tax • Cal Jur Award – Tax Procedure

You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Distribution into HSA from roth IRA

Tax Law (Questions About Taxes) - Distribution into HSA from roth IRA

Expert: Dan Lively - 11/6/2009

Question
My wife and I have a HSA health insurance plan and I would like to one time fund the HSA with money from my Roth IRA. Since I paid taxes on the money I put into the Roth origianlly, do we get to deduct any money I distribute into the HSA from the Roth from our income at tax time? I am curious how this works come tax time. Thank you.

Answer
You can do a direct roll over from a Roth IRA to an HSA account, but it does not make sense. You are taking money that you have already paid taxes on (that is now tax free forever), that is in an excellent retirement vehicle, to put it in an HSA. You don't get a deduction on the roll over. I don't advise you raid your Roth to pay for the HSA. Use pretax dollars to fund your HSA

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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