Why
Publication 502 and the IRS FAQ both treat a program to stop smoking as a medical expense. The FAQ's reason is that it treats a disease, tobacco use disorder.
Publication 502 excludes nicotine gum and patches that don't need a prescription, but that's the tax deduction rule. Since 2020, HSAs can pay for over-the-counter drugs without a prescription.
What to keep
- Program receipts.
- Itemized store receipts naming the product.
Watch out for
- Neither IRS source mentions vapes or e-cigarettes, so don't count on them.
If you plan to reimburse yourself later
IRS Notice 2004-50, Q&A 39, sets no deadline, as long as the expense came after your HSA was established and your records show it wasn't paid by another source or deducted on a tax return. See what records the IRS expects and how long to keep them.
