Guest dcarlin Posted June 30, 2005 Posted June 30, 2005 My question is can an Employer deduct funds from there employees paychecks on a pretaxed basis to pay for Employee only funded Insurance Premiums. How would you run this through a section 125 plan? what is the best way to handle this?
Mary C Posted July 1, 2005 Posted July 1, 2005 You don't really give much information, but the answer is yes, the employer can deduct required cost of employee pay all benefits on a pre-tax basis.
Guest dcarlin Posted July 1, 2005 Posted July 1, 2005 the company has an Individually owned Insurance policy that they would like to run through on a pre-taxed basis. This would not be considered POP would it? Doesn't the employer have to contribute something for it to be a group policy and ran through as POP? I was thinking they could do it on a reimb. type plan, but the employer has it set up that he deducts the amounts from there payroll and pays the premiums himself from the deductions.
papogi Posted July 1, 2005 Posted July 1, 2005 See Revenue Ruling 61-146: http://www.irs.gov/pub/irs-drop/rr-61-146.pdf
Don Levit Posted July 2, 2005 Posted July 2, 2005 That revenue ruling will discuss the employer refunding the employee for making after-tax payments to the insurance company, all on a non taxable basis for the employee. If you wish to simply provide a payroll deduction for the employees, you can do so according to 29 C.F.R. Section 2510.3-1 (j). A case you may want to refer to can be found at http://pacer.ca4.uscourts.gov/opinion.pdf/042370.U.pdf. Refer to p.5-6. Don Levit
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