Premium Reimbursement

[ERISA-Bubs]

For several years now, a man has unknowingly been paying his ex-wife's insurance with pre-tax withholdings through the cafeteria plan. He caught this and wants a refund.

We are processing the refund, but we need to know how to report it. Can we treat it as compensation paid this year, or do we have to go back to the year we withheld the amount and treat it as compensation paid that year (this would require us to go back and amend several years of W-2s, employer reporting, etc.)?

If you have any support for your conclusion, that would be great!

[Chaz]

Although I do not know the specific circumstances, I would hesitate in providing a "refund". You should consult a tax/benefits attorney before proceeding.