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Text of IRS FAQ on ACA Section 1341 Transitional Reinsurance Program: Deductibility of Payments by Self-Funded Plan Sponsors
Internal Revenue Service [IRS]
[Official Guidance] Nov. 1, 2014
"A sponsor of a self-insured group health plan that pays Reinsurance Program contributions may treat the contributions as ordinary and necessary business expenses, subject to any applicable disallowances or limitations under the Code. This treatment applies whether the contributions are made directly or through a third-party administrator or administrative-services-only contractor. If a plan pays Reinsurance Program contributions directly or through a third-party administrator, as may happen, for example, in the case of a multiemployer plan or a plan funded through a voluntary employees' beneficiary association, the employer or employers contributing to the plan would be permitted to deduct their contributions to the plan, subject to any generally applicable disallowances or limitations."
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