HSAs for domestic partners

Anyone here have an HSA that is offered to employees with domestic partners?

We do, and have just run into a snarky problem that has to do with what portion of the HSA we must federally tax, since DPs are not recognized in the federal tax code for purposes of any kind of health savings accounts.

That's a very sketchy description, but didn't want to go into more detail until i know there is someone out there who is dealing with or has dealt with the problem.

Anyone? We've consulted a tax attorney, and he's given us a very conservative reading of our options, but we're being told by the health plan's attorneys that a more flexible (and less administrtively onerous) interpretation is taken by most of their clients.


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