The SBHRA of 2015 is proposed legislation that would allow small businesses to use tax-advantaged funding arrangements to assist their employees with the purchase of health insurance coverage on the individual market. Click here to see a summary of the legislation.
The IRS released Notice 2015-17 which reiterates the position that, except in narrow circumstances, an employer may not reimburse or pay for employee individual health insurance without violating the ACA’s annual dollar limit and preventive services mandates. This EBIA release offers additional commentary.
Today, November 6, 2014, the DOL reiterated it’s position that individual health policies cannot be paid with pre-tax dollars. The DOL position was explained in DOL FAQs About Affordable Care Act Implementation (Part XXII).
The IRS announced annual cost of living adjustments (COLA) for 2015. Notably, the annual cap on Health Flexible Spending Arrangements (FSA) has been increased from $2500 to $2550 for 2015 plan years.
Also, the Qualified Transportation Fringe Benefit limitations for 2015 will be $130 per month for transportation in a commuter highway vehicle and for transit passes and the monthly limitation for qualified parking in 2015 will be $250.
The 2015 COLAs are listed in IRS Revenue Procedure 2014-61.
On March 28, 2014 the IRS released IRS Memorandum 201413006 on Health Flexible Spending Arrangement (FSA) correction procedures for improper debit card transactions.
In cases in which all other correction procedures have been exhausted by the employer and the employer treats the improper payment as business indebtedness in accordance with Prop. Treasury Reg. §1.125-6(d)(7)(v), the improper payment should be reported by the employer to the employee as wages on a Form W-2 to the extent the employer forgives the indebtedness after requesting payment consistent with collection procedures for other business indebtedness. The amount included in income is subject to withholding for income tax, FICA and FUTA, since the benefits are made available to the employee by the employer for the performance of services. The improper payment is reportable in the taxable year of the employee in which the indebtedness is forgiven.