Discussion:Medical Reimbursement Plans 105b

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Discussion Forum Index --> Tax Questions --> Medical Reimbursement Plans 105b


Caryncpa (talk|edits) said:

10 May 2007

Sandysea (talk|edits) said:

10 May 2007
Next question Caryn? hehe

Caryncpa (talk|edits) said:

10 May 2007
I Have an s corporation with 2 shareholders that own more than 2% of the stock.I take the health insurance premiums and deduct it as salary on the corp. It is not subject to fica or medicare. This plan covers all employees. Question I have a medical reimbursement plan for the employees.

Can I have a medical reimbursement plan for the shareholders and treat it the same way I treat the insurance premiums? If so would it be subject to fica and medicare taxes? Thank-you

JR1 (talk|edits) said:

May 10, 2007
No medical reimbursement for S corp owners. But it does protect the med insurance as a p1 deduction for them on the 1040.

JR1 (talk|edits) said:

May 10, 2007
Let me be more accurate. They can have a med reim. plan, but all it does is kick the expenses back to the Sch. A anyway. Not a corp deduction.

Caryncpa (talk|edits) said:

10 May 2007
That was my understanding all along, however I am now being told if I establish a 105bHRA plan I can have a medical reimbursement plan for my >than 2% shareholders.They are not treated the same way as the regular employees. I treat the medical reimbursements as salary on the w2 and then I can deduct it on the 1040 as an above the line deduction for self employed.

Check out this link. Thanks. http://www.coredocuments.com/core105.php

JR1 (talk|edits) said:

May 10, 2007
Careful, Caryn. They turned a corner in that doc without telling you. Note the words Self employed when they first discuss HRA's? Everything that follows only applies to SE/aka Sch. C/F filers. Like 105concepts, they're encouraging us to watch out for our Sch. C clients without other employees who can set up a 105 plan. For those of us familiar with BizPlan, that's very old news. But it does NOT apply to S corps.

Caryncpa (talk|edits) said:

10 May 2007
So you are saying that I can have a medical reimbursement plan for the employees and not for the 2% shareholders. I can deduct it as a business expenses for employees that are not greater than 2% or more shareholders.

JR1 (talk|edits) said:

May 10, 2007
Yes.

Riley2 (talk|edits) said:

10 May 2007
Sorry to disagree with all of the above. A more than 2% shareholder may be covered by a corporate medical reimbursement plan, and the corporation will be able to deduct the costs. However, since more than 2% shareholders are not covered under the 105 exclusion, the benefit is taxable as additional wages. If there is a written plan, the benefit may be excludible for FICA purposes.

JR1 (talk|edits) said:

May 10, 2007
Effectively meaning that no deduction occurred, kicking it to Sch. A. So the answer is right, tho' the form of reporting is different. Thanks for clarifying.

Caryncpa (talk|edits) said:

10 May 2007
I am a little confused. Can a more than 2% shareholder deduct medical expenses beyond insurance premiums in an s corp. as a business expense.?

If so is it deducted as additional wages and treated the same way as insurance premiums that I can deduct it on page 1 of my 1040?

Also according to IRS headliner 41 it states htat pauments made under a plan for the s corp. would only be subject ot income tax withholding and not Fica and medicare. What do they mean by a plan. Is this considered a medical insurance plan or do you have to have a 105 plan?

Sandysea (talk|edits) said:

10 May 2007
If qualifying under a 105 plan, it is subject to FWT but not FICA and medicare.

Riley2 (talk|edits) said:

10 May 2007
The medical expenses for a more than 2% shareholder or his spouse are deducted on the wage line of the 1120S. For purposes of the FICA exemption, a plan is any system or plan covering employees generally or specific classes of employees. See Sec. 3121(a)(2).

Joannep (talk|edits) said:

May 10, 2007
I too want to make sure that I am finally unconfused about the above.

If an S-corp has a HDHP and also contributes (within the guidelines) to all employees HSA account the amounts for the more than 2% shareholder are deducted as wages in the corp but are not subject to FICA, FUTa, etc. JoAnne

Michaelstar (talk|edits) said:

10 May 2007
Based on what I see written above and also what I believed b4 this post - Yes the S-Corp can deduct these medical expenses as W-2 wages - not as medical expenses. Deductible medical expense are NOT insurance premiums so why would one think they could be deducted above the line. The answer to your second question just has to be NO.

Death&Taxes (talk|edits) said:

10 May 2007
And that is what JR keeps saying...reflected as wages and deducted as Medical expenses on Sch A, if they exceed 7.5% of income.

Chase (talk|edits) said:

10 May 2007
The way I understand this after speaking with the www.105concept people and doing some more reading is this:

1) An HRA benefits the >2% S/H because by having the HRA in the Company name, now the >2% S/H can have the S Corp pay the premium, add it to their wages, and then the S/H(s) may take an adjustment on the 1040.

In addition, the S Corp MAY reimburse all employees (including the S/H) medical expenses as allowed Pub 502 as a fringe benefit. However, these amounts would get added to the W2 of the >2% S/H. Here is where I am troubled. Pub 502 states that if you are reimbursed for medical expenses through an HRA, then you have to reduce your medical expenses by the amount you were reimbursed. But if you are required to include this on your W2 as a >2% S/H, that would not make sense. Seems like the reimbursements would be included as income and then expenses would be reduced -- a double hit. Maybe I read that part incorrectly.

2) Benefits Schedule C people who employ their spouse because now the Schedule C gets a deduction for the reimbursements which are eligible under Pub 502 for both the spouse and the Schedule C proprietor. Not added to the spouses wages (spouse must be employed by the Schedule C).

The HRA could also be used in a C Corporation as a Corporate Fringe Benefit.

Www.cpa1.biz (talk|edits) said:

10 May 2007
This is what I thought:

If you reimburse your employee for medical bills under a 105B, you take this an employee benefit expense.

If your wife is an employee, you can deduct medical bills for your wife, children and even yourself, if you a Schedule C, since your wife is an employee and HRB plans take care of employee, spouse and children.

Here is where I am cookoo is if you are a S-corp employee/owner and you pay medical expenses for yourself with S-corp's money, is this a medical expense classified under employee benefit plans.

Sandysea (talk|edits) said:

10 May 2007
It is part of the S corp wages and reported on the W-2 as such. 941's reflect that income as subject to FWT but not FICA....

The employee then can take the above the line deduction for the health insurance, but not for reimbursed medical expenses (paid to him from his S corp on his W-2).

Like JR said, the medical expenses are still subject to the Sch A limitations and then the reimbursements offset that, but the health insurance portion of the box 12 income on the w-2 can be taken above the line for < 2% s/h's...at least right now.....or so I am thinking :)

Death&Taxes (talk|edits) said:

10 May 2007
Sandysea says, 'the medical expenses are still subject to the Sch A limitations and then the reimbursements offset that...' Now this is where you are missing it....by putting the medical expenses into wages you create taxable basis for them and thus you do not reduce the Sch A deduction, but rather deduct the amount there, subject to limitations.

Sandysea (talk|edits) said:

10 May 2007
Same as anything else...you are taxed on earnings BEFORE allowing the Sch A limitations. So....you pay the Fed Tax on the earnings "you deducted them as an S corp expense btw" and then you are subject like the rest of us to 7.5% of your agi....

Maybe I worded it wrong, but yes, take the wages, increase your taxable earnings and then take the 7.5% limitation on the earnings for the deduction.....

Death&Taxes (talk|edits) said:

10 May 2007
Maybe we confuse each other, like we are speaking in tongues. Imagine this discussion as a giant conference call!!!

Sandysea (talk|edits) said:

10 May 2007
No speaking in "tongues" for me my friend...hehehe

I know what I mean when I say what I mean, but who knows what I really meant when I said it? hehehe

Chase (talk|edits) said:

10 May 2007
Sandysea: Did you mean to say the health insurance reimbursements can be taken above the line for > 2% s/h's or "< 2% shareholders"?

Also, regarding the Schedule A....are the med expenses included on Sch A reduced by the amount of reimbursement from the HRA? Not clear on this. THANK YOU

Sandysea (talk|edits) said:

10 May 2007
Health insurance still is being taken above the line for the < 2% s/h's...do I think this is equitable, yes!!!!!!!!!!! Does that make it the law as it reads now???? NO!!!! We have gone round and round on this, and if the s/h is picking them up as wages, typically we all are taking them as above the line deductions on the 1040...yes....I know that IRS disagrees self employment and all, but the consensus of opinion is that it is being done...

Sch A what I meant (maybe not what I said, but what I mean)...client has 5K of medical expenses...take the 7.5% limitation...take from that the reimbursements, if he is left with ANYTHING else, he can deduct it....

If my colleagues are NOT taking the SE health insurance deduction for greater than 2% s/h; speak now please....we have gone around this and around this. No distributions to pay for it, pick it up as wages, take above the line, below the line, etc. etc. etc.....

Is it 5:00? YEAH!!!

JAD (talk|edits) said:

10 May 2007
It would be great to have a 105 plan on this website - a format that we could all refer to, modify and imrove. Does anyone have one? It should probably be one that is not sold by 105concepts or solo-e.com/bizplan....that would be a little sleezy to post here when they are trying to sell their format.

Chase (talk|edits) said:

10 May 2007
Sandysea -- it's 2:30 over here !!! Still much work to do before the day is done......have a good one!

Joannep (talk|edits) said:

May 11, 2007
Sandy

More than 2% shareholder I add health ins to the w-2 then take above the line.

Now, If they had a HRA I think I would add to income then take on sch. A - period.Not reduce by reimbursements since it was added to W-2.

HSA - more than 2 % shareholder contributions from the company add to w-2 then ?????? afterthought as I typed. (probably not health ins) then deduct on A also.

P.S. maybe we won't burn up if we get this tropical whatever(hehe)

Caryncpa (talk|edits) said:

11 May 2007
Sec. 3121(a)(2): the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents),

When the goverment talks of a plan do they mean just an medical insurance plan or a WRITTEN plan subject to the rules of 105b. If they meet this PLAN the insurance premiums are not subject to fica and medicad. The 105 guy has been telling me with a > than 2% s corp s/h as long as you have this plan (which he refers to a 105b)HRA )you can not withhold fica and medicare. ALSO you can have medical expenses paid to shareholders and treat it as wages and then take it as an above the line deduction.I am so confused. He states as long as you have a written 105b hRA plan in the corp. you can take both the insurance premiums and medical reimbursements and pay it to the s corp shareholders. ????

Joannep (talk|edits) said:

May 11, 2007
Just reread my post from last night. Need to edit the last statement. HSA more than 2% would be added to W-2 but then then also deducted above the line ( just not the same line as the health insurance preiums)

JR1 (talk|edits) said:

May 11, 2007
Trying to help. In short: Yes, you can have plan. Yes, for >2% S/H, both med insur. and med reimb. should be added to wages. Neither is subject to SS taxes. The insurance only is an above the line deduct on the 1040, and the med expenses qualify for Sch. A without reduction, if the S/H exceeds the 7.5% limit.

Sandysea (talk|edits) said:

11 May 2007
Guess that makes sense...no reduction if added to wages...already been taxed...DUHHHHH

JR1 (talk|edits) said:

May 11, 2007
In all fairness, the blender was probably frosty by then, right? Image:smile.jpg

Sandysea (talk|edits) said:

11 May 2007
No blender except for mush for brains....hehe

Chase (talk|edits) said:

11 May 2007
Nice summary, JR1......have a great day everyone .... I'm off to have a meeting and then an early dinner, with a client -- should be a fun day......

Caryncpa (talk|edits) said:

22 May 2007
I did a lot of research based on the great information above , but where is it cited in the code that you do not have to withhold fica and medicare taxes on medical reimbursements to a > than 2% shareholders. I am in agreement that you can have a medical reimbursement plan for >than 2% shareholders,include it as salary . I cannot seem to find where you dont have to withhold fica and medicare taxes. Thanks

Riley2 (talk|edits) said:

22 May 2007
3121(a)(2)

Caryncpa (talk|edits) said:

23 May 2007
I am not getting this . Where is it cited below that you do not have to withhold fica and medicare taxes????????? Thanks

Sec. 3121(a)(2)the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents),

Riley2 (talk|edits) said:

24 May 2007
Section 3121(a) generally provides that all forms of compensation listed in subsection (a) of Section 3121 are excluded from the definition of FICA/Medicare wages and are not subject to Chapter 21 taxes (Social Security/Medicare taxes). Therefore, benefits from a written medical reimbursement plan would be treated as Sec. 3121(a)(2) wages which are exempt from Social Security wages.

GFCPA2010 (talk|edits) said:

22 April 2014
http://www.watsoncpagroup.com/BASE-HRA.pdf

Wouldn't this still work as a reduction of taxes you would have paid anyway, hence producing a tax benefit from a 105plan

Ckenefick (talk|edits) said:

22 April 2014
Therefore, benefits from a written medical reimbursement plan would be treated as Sec. 3121(a)(2) wages which are exempt from Social Security wages.

I realize this comment above, by Riley2, is old...but I think we might have a problem with this, in the case of S-corp reimbursements of 2%-shareholder health insurance, under the ACA. The favorable 3121(a)(2) treatment involves an "employer health plan," and heretofore, the expense reimbursement arrangement constituted an "employer health plan," but I don't think it will anymore.

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