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Nesboo Guide - Welcome Guest
A cafeteria plan,
also known as Section 125 of regulations of section 125 of the Internal Revenue
Code is a separate written plan maintained by an employer, or maintained by a
third party called a third party administrators.
It is highly
recommended that smaller companies desiring to offer such benefit plans use a
TPA (Third Party Administrator) since the administration of such plans is not
only intricate but, if mistakes and miss steps are made the fines for non
compliance could be astronomical
However the plan is
administrated it provides participants/ employees an opportunity to receive
certain benefits on a pretax basis. Those who take advantage of a cafeteria
plan must be permitted to choose among at least one taxable benefit (such as
cash) and one qualified benefit.
We can best explain
a "qualified benefit" is a benefit that does not defer compensation
and is excludable from an employee's gross income under a specific provision of
the Code, without being subject to the principles of constructive receipt. OK.
Let me explain farther, Health insurance for the employee can be a
"qualified benefit" give to the employee within the employee's
compensation but not singled out and taxed. Other insurance products such as
accident and health, adoption assistance, dependent care assistance, group-term
life insurance coverage to limits and health savings accounts can be considered
qualified.
Beware! Archer
medical savings accounts or long-term care insurance may not be considered
"qualified" and may have to be paid in "post tax" dollars
Every written plan
must specifically describe all benefits and establish rules for eligibility and
elections. A section 125 plan is the only means by which an employer can offer
employees a choice between "taxable" and "nontaxable" benefits
without the choice causing the benefits to become taxable. Employer
contributions to the cafeteria plan are usually made pursuant to salary
reduction agreements between the employer and the employee in which the
employee agrees to contribute a portion of his or her salary on a pre-tax basis
to pay for the qualified benefits. Let us here hive you an example. The
employee is offered a bag of money; let's use $500 per month.
The employee will
not be taxed on that money because salary reduction contributions are not actually
or constructively received by the participant. From that bag of money an
employee may choose a selection of products to purchase, hence
"cafeteria"
Cafeteria plans may
make benefits available to employees, their spouses and dependents.
In some cases a
plan may also allow inclusion coverage of former employees, but cannot exist
for that purpose only.
Although generally
there is no filing requirement for a cafeteria plan we highly recommend use of
a third party administrator to make sure strict compliance is adhered to.
Bradley Palmer is with Grouphealthflorida.com offering <a
href="http://www.grouphealthflorida.com">Florida Group Health
Insurance</a>. To learn more about <a
href="http://www.grouphealthflorida.com">group health insurance</a>,
visit http://www.grouphealthflorida.com.
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