If they are not covered by such a plan, they can contribute the lesser of the annual deductible on their plan ($1,000 is the minimum allowed) or $2,650 for self-only coverage.
But a question naturally arose about what happens when one spouse has an employer-sponsored plan with deductibles too low for an HSA and the other spouse isn't covered by it or opts out.
The Treasury, in Revenue Ruling 2005-25, determined that such a spouse can set up an HSA if he or she has a high-deductible health plan, even if the other spouse's plan covers the couple's children.
The Justice Department filed suit last week asking a federal court in Fort Lauderdale, Fla., to stop two Orlando residents from preparing tax returns for other people.
The suit accuses Jean-Marie Boucicaut, also known as Jean-Marie Boursiquot, and Marie Thelemarque of targeting fellow Haitian immigrants by telling them they may be eligible for refunds.
The two allegedly got victims to give them copies of back tax returns, which they used to file amended returns claiming false deductions and credits.
They then directed the refunds to be sent to them instead of the victims.
The government is seeking to recover $772,249 that the IRS sent out in 593 refund checks to the defendants' customers. The agency caught an additional 2,800 returns claiming $3.3 million in refunds in time to prevent checks from going out.