Law & Legal & Attorney Employment & labor Law

IRS Cafeteria 125A Plan Information

    Cafeteria Plan

    • A cafeteria plan is when an employee can specifically pick the types of insurance he wants. It is a cafeteria plan, because like a cafeteria, the owner of the plan can pick and choose only what he wants.

    Taxability of Cafeteria Plans

    • Section 125(a) specifically eliminated cafeteria plans from income.

    Number of Choices to Qualify as Cafeteria Plan

    • A cafeteria plan needs two or more choices of benefits to be a cafeteria plan.

    High-Ranking Employees Exception

    • If only highly compensated or high-ranking employees are able to receive the plan, then the plan is income and taxable on the employee's income tax return.

    Income for High-Ranking Employees

    • A cafeteria plan is income for a high ranking employee or highly compensated employee if the plan discriminates against lower-ranking employees. The plan is income in the year that the plan year ends.

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