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.
Rules and requirements
Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section.
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.
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 employees.
Pub. L. 108–173, title XII, § 1201(d)(4)(A)117 Stat. 2478Pub. L. 109–432, div. A, title III, § 306(a)120 Stat. 2951(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 109–4322006—Subsec. (d). added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title III, § 306(b)120 Stat. 2951
Effective Date
section 1201(k) of Pub. L. 108–173section 62 of this titleSection applicable to taxable years beginning after , see , set out as an Effective Date of 2003 Amendment note under .