Tax Loss harvesting wash sale rules with an HSA?

[JK]

Just starting to explore the idea of TLH with my taxable account but I'm trying to understand some of the rules regarding wash sale rules. If I want to harvest a loss in my taxable account (TSM--> 500 index) but within 30 days, I automatically have money in my HSA invested into 500 index (company does automatic payroll deductions), is that considered a violation? Essentially, are HSA transactions figured into the wash sale rule?

Also, same question applies with 401k/403b. Are automatic investments made within employer sponsored accounts subject to the wash sale rule as well? I know they are with IRA/Roth IRA.

[Lithium]

It would logically follow that because the IRS has ruled that IRA contributions cause wash sales, the same is true of 401k, 403b, and HSA contributions, but until the courts answer this question, it's anyone's guess.  For safety's sake, I do not invest in common securities between my taxable and any of my retirement accounts, but practically speaking, I don't see how a wash sale for transactions between an HSA and a taxable account at different custodians would ever be noticed or reported.

[RogueDadMD]

There's another thread recently where we discussed this.  Short answer is I believe both HSAs and 401k/403bs are subject to wash sale rules.  However it may only be discovered on an audit...