Foreign retirement accounts, section 89a

Schedule 89a provided relief against taxation of foreign retirement funds based on accrual and allowed tax filers to postpone taxation when actual withdrawal occurs. This applies to retirement accounts like 401k and IRA , but what about health savings account (HSAs) which are also tax deferred vehicles for saving and incur no tax on withdrawal for medical purposes? Would these accounts be also similarly classified as “specified accounts” in section 89a ? And how will the withdrawals be taxed in india if they are done for medical purpose? copying the section 89a rule here for further information.

Has anyone come across this situation and how can it be handled ? Any help would be appreciated.

Thanks

*Relief from taxation in income from retirement benefit account maintained in a notified country.

89A. Where a specified person has income accrued in a specified account, such income shall be taxed in such manner and in such year as may be prescribed[30](javascript:ShowFootnote2022(‘fn30’);).

*Explanation.—*For the purposes of this section,—

(a) “notified country” means a country as may be notified by the Central Government in the Official Gazette for the purposes of this section;

(b) “specified account” means an account maintained in a notified country by the specified person in respect of his retirement benefits and the income from such account is not taxable on accrual basis but is taxed by such country at the time of withdrawal or redemption;

(c) “specified person” means a person resident in India who opened a specified account in a notified country while being non-resident in India and resident in that country.]

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@TeamQuicko any pointers on this ?

Hi @murali000,

Let me get in touch with the team and get back to you on this.

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HSAs are not tax deferred retirement accounts since, unlike 401Ks, they will never be subject to any taxes in the US if funds are used only for medical purposes. So, I dont think they come under the category of specified accounts . In any case , withdrawal of these funds for any purpose would not be taxable in India since it is not income. Only investment income generated from them would be taxable or deferred ( in case you classify them under Section 89A).

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Thanks @RanS. this was my understanding as well. Treating HSAs as any normal investment/bank account with interest and dividends subject to slab rates.