Excise tax on excessive health savings account fees

(a) In general Subtitle D is amended by adding at the end the following new chapter: 50B Excessive health savings account fees Sec. 5000E. Excessive health savings account fees. 5000E. Excessive health savings account fees (a) In general There is hereby imposed on the trustee of any health savings account which charges any excessive health savings account fee a tax equal to the excess of— (1) the amount of such fee, over (2) the reasonable amount of such fee as determined under subsection (b)(3). (b) Excessive health saving account fee For purposes of this section— (1) Excessive health savings account fee The term excessive health savings account fee means any covered health savings account fee if such fee exceeds the reasonable amount of such fee as determined under paragraph (3). (2) Covered health savings account fee The term covered health savings account fee means any of the following if charged in connection with a health savings account: maintenance fees; transfer fees; fees for paper statements, checks, or replacement cards; withdrawal fees; fees for insufficient funds; fees to ensure that fees do not exceed earnings or account balance; and such other fees or charges as the Secretary may identify for purposes of this paragraph. (3) Reasonable fees With respect to each category of fees described in paragraph (2) and such additional categories or subcategories as the Secretary may provide, the Secretary shall determine the reasonable amount of such fee. (c) Health saving account For purposes of this section, the term health savings account has the meaning given such term in section 223.. (b) Reporting Subpart A of part III of subchapter A of chapter 61 is amended by inserting after section 6039L the following new section: 6039M. Information regarding health savings account fees (a) In general Each trustee of a health savings account which charges any covered health savings account fee during any calendar year shall, for such calendar year, make a return at such time and in such manner as the Secretary may provide setting forth the information described in subsection (b) and such other information as the Secretary may require. (b) Information (1) In general Each return under subsection (a) shall include, with respect to each category of fee charged, a description of such fee, the number of such fees charged, and the aggregate amount of such fees charged. (2) Separately stated categories The information described in paragraph (1) shall be separately stated based on such demographic or other characteristics as the Secretary may provide. (c) Definitions Terms used in this section which are also used in section 5000E shall have the same meaning as when used in section 5000E.. (c) Clerical amendments (1) The table of chapters for subtitle D is amended by adding at the end the following new item: Chapter 50B—Excessive health savings account fees. (2) The table of sections for subpart A of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6039L the following new item: Sec. 6039M. Information regarding health savings account fees.. (d) Effective date The amendments made by this section shall apply to fees charged after December 31, 2025.