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Can a c-corporation with only one employee (the owner) establish a flexible spending account or will the plan automatically violate the concentration test? Is there an exception when there are no non-key or nhces?

Guest Quicksilver
Posted

This is the prefect situation for a section 105 corp reimbursement plan. All Medical expenses can be reimbursed by the corporation and not considered as income to the employee owner

Posted

Nancy,

To answer your question directly, the one person c-corporation could not have a IRC Section 125 cafeteria plan because it could not pass the key person concentration test. The Section 105 plan is an excellent alternative.

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