I.R.C. § 4980G(a) General Rule
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.
I.R.C. § 4980G(b) Rules And Requirements
Rules and requirements similar to the rules and requirements of section 4980E
shall apply for purposes of this section.
I.R.C. § 4980G(c) Regulations
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.
I.R.C. § 4980G(d) Exception
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
(Added by Dec. 8, 2003, Pub. L. 108-173, title XII, Sec. 1201(d), 117 Stat. 2066;
amended by Dec. 20, 2006, Pub. L. 109-432, div. A, title III, Sec. 306, 120 Stat.
2006 - Subsec. (d). Pub. L. 109-432, Sec. 306, added subsec. (d).
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Sec. 306 of Pub. L. 109-432 effective for taxable years beginning after
December 31, 2006.
Effective for taxable years beginning after December 31, 2003.