- FamiliesAllows tax-free HSA distributions for funeral expenses up to $5,000, reducing immediate family out-of-pocket costs.
- Potential benefitProvides statutory definition of qualifying funeral expenses, giving clearer guidance to account holders and administra…
- Potential benefitTreats funeral costs paid within 90 days after death as incurred before death, easing executor timing pressures.
To amend the Internal Revenue Code of 1986 to treat distributions from health savings accounts for funeral expenses of the account beneficiary as qualified distributions.
Referred to the House Committee on Ways and Means.
The bill amends Internal Revenue Code section 223 to treat Health Savings Account (HSA) distributions used to pay funeral expenses of the account beneficiary as qualified (tax-free) distributions. It defines “funeral expenses,” lists covered items, caps aggregate funeral reimbursements at $5,000 per beneficiary, and allows funeral expenses paid within 90 days after death to be treated as incurred before death.
Liberal emphasizes regressivity and prefers direct targeted aid
Relative to its intended legislative type, this bill is a narrowly focused and technically specific amendment to the Internal Revenue Code that clearly defines the new qualified distribution category, integrates into the relevant IRC provisions, and limits scope with a monetary cap and timing rule.
The bill amends Internal Revenue Code section 223 to treat Health Savings Account (HSA) distributions used to pay funeral expenses of the account beneficiary as qualified (tax-free) distributions.
It defines “funeral expenses,” lists covered items, caps aggregate funeral reimbursements at $5,000 per beneficiary, and allows funeral expenses paid within 90 days after death to be treated as incurred before death.
The changes apply to amounts paid after enactment in taxable years ending after that date.
Small, administrable expansion of HSA use with limited fiscal impact and few ideological objections, but requires committee action and broader legislative vehicle.
Relative to its intended legislative type, this bill is a narrowly focused and technically specific amendment to the Internal Revenue Code that clearly defines the new qualified distribution category, integrates into the relevant IRC provisions, and limits scope with a monetary cap and timing rule.
Liberal emphasizes regressivity and prefers direct targeted aid
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesReduces federal tax receipts relative to current law, with uncertain fiscal magnitude.
- Potential burdenBenefits accrue only to individuals with HSAs, potentially favoring higher-income households.
- Potential burdenIntroduces additional compliance and recordkeeping responsibilities for HSA custodians and the IRS.
Why the argument around this bill splits.
Liberal emphasizes regressivity and prefers direct targeted aid
Likely supportive of relieving families from immediate funeral costs, but cautious about expanding HSA tax advantages.
Concerned HSAs disproportionately benefit higher-income people, so this is viewed as a regressive tax expenditure rather than direct aid.
Seen as a modest, administratively simple change that reduces family burdens and has bipartisan appeal.
Wants fiscal estimates and clear guardrails to prevent unintended tax subsidies or administrative confusion.
Likely supportive as a limited expansion of individual choice and family flexibility, with modest fiscal exposure.
May prefer private solutions to funeral hardship over new government programs.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Small, administrable expansion of HSA use with limited fiscal impact and few ideological objections, but requires committee action and broader legislative vehicle.
- Absent CBO/JCT score and estimated revenue loss
- Committee willingness to advance stand-alone tax change
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Liberal emphasizes regressivity and prefers direct targeted aid
Small, administrable expansion of HSA use with limited fiscal impact and few ideological objections, but requires committee action and broa…
Relative to its intended legislative type, this bill is a narrowly focused and technically specific amendment to the Internal Revenue Code that clearly defines the new qualified distribution category, integrates into th…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.