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Spending Account?


Guest lmrice

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Posted

A broker approached our company trying to sell the following product:

A health care spending account where the employee does NOT need to make an annual election. The employee receives a medical service, turns in a receipt, the employer takes out a pre-tax deduction for that amount from the paycheck, and then employee is reimbursed in the same check.

This broker said that this fell under Section 125 (he had no paperwork to back any of this up). This makes no sense to me. I'd be interested to hear if anyone else has heard about this new "plan."

Thanks.

Posted

Sounds like a ZEBRA to me (zero based reimbursement account). I think the IRS said no to these many years ago.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

IRS has said no to this re-charaterization of income many times. The first was probably Notice 84-22 and Announcement 84-24. There have also been some PLRs denying this.

Unfortunately, there are a few of these products that are being promoted.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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