From everything I'm reading allowing an HSA to be overdrawn is a bad bad idea. It ceases to be an HSA as of the first day of the year of the od, if the irs catches them they can be accessed 10% penalty, and they owe the regular taxes. My question is: if the customer is od and cover the od the next day, Would the bank still be liable for not immediately withholding and remitting the appropriate taxes?

Also, would it be a good idea for the bank to ask the customer to close this hsa or to transfer the money into a new hsa?

wonder how the irs would look at this?