Papers with question marks Given the fact that abortion was legal in all 50 states for decades, it isn’t entirely surprising that the IRS has yet to provide guidance on the issue. (Photo: Shutterstock)

Many sensitive and hot-button issues have emerged in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade and the constitutionally protected right to abortion in Dobbs v. Jackson Women’s Health Organization. Many of those issues involve whether employers can offer employees options to pay for an abortion using tax-preferred health savings vehicles.

HSAs, HRAs and FSAs all offer an opportunity for employers to provide a way for employees to receive tax-free reimbursement for medical expenses. In the wake of the Dobbs decision, the legality of an abortion will be determined on a state-by-state basis — and the IRS hasn’t considered many of the issues that are now highly relevant in decades.



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