"The tax exclusion under Section 125 is available only to employees as defined by the IRC. Put simply, if the [IRS] treats an individual as an owner rather than an employee, they are not eligible for pre-tax deductions under Section 125.... [I]ndividuals who are considered self-employed for tax purposes do not qualify as employees under this definition and cannot participate in a Section 125 plan on the same basis as W-2 employees."  MORE >>