Guest Pete Swisher Posted October 3, 2000 Posted October 3, 2000 401k's within cafeteria plans: what is the tax treatment of 401k deferrals through 125 plan? subject to FICA or not?
SLuskin Posted October 4, 2000 Posted October 4, 2000 The 401(k) deferrals are still subject to FICA. Being in the Section 125 Plan does not recharacterize them. There can be benefits in a Section 125 Plan which are not pretax.
Guest Don Hughes Posted October 4, 2000 Posted October 4, 2000 IRC Section 3121(a)(5)(A) would ostensibly exclude all 401k deferrals, were it not for 3121(v)(1)(A). Section 3121(a)(5)(G)excludes from "wages" only if the payment is otherwise excluded. Since the employee's salary reduction contributions are not otherwise excluded, they are subject wages for FICA.
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