Section 125 Plan Irs
The plan is called a cafeteria plan because it includes a menu of benefits for employees to choose from.
Section 125 plan irs. The term irs section 125 cafeteria plan means a written plan under which a all participants are employees and b the participants may choose among 2 or more benefits consisting of cash and qualified benefits. A plan offering only a choice between taxable benefits is not a section 125 plan. A section 125 plan is called a cafeteria plan.
Archer msas athletic facilities de minimis minimal benefits educational assistance employee discounts employer provided cell phones lodging on your business premises meals moving expense reimbursements no additional cost. 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. A section 125 plan is part of the irs code that enables and allows employees to take taxable benefits such as a cash salary and convert them into nontaxable benefits.
Ir 2020 95 may 12 2020washington the internal revenue service today released guidance to allow temporary changes to section 125 cafeteria plans. 2 deferred compensation plans excluded. For provision that for purposes of section 125 of the internal revenue code of 1986 a plan shall not be treated as failing to be a cafeteria plan solely because under the plan a participant elected before january 1 1988 to receive reimbursement under the plan for dependent care assistance for periods after december 31 1987 and such assistance included reimbursement for expenses at a camp where the dependent stays overnight see section 10101 b 2 of pub.
This plan allows employees to choose to withhold pre tax salary to cover the cost of specific benefits or to choose between taxable and non taxable. These are the benefits you cannot include in your irs section 125 plan. 100 203 as added by pub.
These benefits can include health insurance child care adoption assistance life insurance and health savings accounts.