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are wellness benefits taxable

by Prof. Heath Schaden Published 2 years ago Updated 1 year ago
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Any wellness incentive that is not medical care is taxable, unless it is a nontaxable fringe benefit. Nontaxable benefits may include T- shirts, water bottles and sports tickets. Gym or health club memberships are generally taxable. Cash and cash equivalents are always taxable.

Are wellness awards taxable?

There are a few exceptions that make these otherwise taxable awards nontaxable, Frutchey noted. “The one that best applies to wellness programs is the ‘de minimis award’ rule,” he said. “The IRS states that a de minimis award is one of nominal value and is provided infrequently.

Do wellness programs really save you tax money?

Double-Dipping With Wellness Programs Beware of wellness programs that sound too good to be true in that they promise incredible tax savings for employers and tax-free reimbursement of already tax-free payroll deductions.

Are wellness incentives tax deductible?

Some employers make wellness incentive payments directly to employees' health savings accounts (HSAs). Generally, contributions made by an employer to an HSA of an eligible employee are excludable from an employee's income and are not subject to federal income tax, Social Security or Medicare taxes.

Are flex credits for wellness plans taxable?

However, the flex credits awarded under the wellness plan would be excluded from a participating employee's wages and income unless the credits were used to purchase taxable benefits under the Sec. 125 cafeteria plan, such as whole life insurance (in contrast to group term life insurance) or a gym membership.

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What type of benefits are taxable?

Bonuses, company-provided vehicles, and group term life insurance (with coverage that exceeds $50,000) are considered taxable fringe benefits. Nontaxable fringe benefits can include adoption assistance, on-premises meals and athletic facilities, disability insurance, health insurance, and educational assistance.

What is a wellness deduction?

An employer provides employees with certain benefits under a wellness program at no cost. The wellness program provides health screening and other health benefits that would be considered eligible medical expenses that could be treated on a tax-favorable basis.

Do health benefits count as income?

Health insurance is not taxable income, even if your employer pays for it. Under the Affordable Care Act, the amount your employer spends on your premiums appears on your W-2s, but it should in no way be classified as income.

Can you write off health and wellness?

Some health insurance companies offer employee wellness programs for an additional premium. Workers can elect to include the wellness program in their coverage. If you pay your employee's premiums or part of the premiums you can write off this expense on your company's taxes.

What do you use your wellness benefit for?

Examples of how to use a wellness stipendCounseling. Stress is at an all-time high with the disruptions caused by the pandemic. ... Ergonomically office furniture. ... Gym membership or equipment. ... Health insurance. ... Weight loss plan membership. ... Massage or spa services. ... Health supplements. ... Smoking cessation program.More items...

What benefits are taxable in payroll?

Taxable fringe benefits include bonuses, company-provided vehicles, and group term life insurance (if coverage exceeds $50,000). The IRS views most fringe benefits as taxable compensation; employees would report them exactly as they would their standard taxable wages, displayed in Form W-2 or Form 1099-MISC.

What qualifies as non taxable income?

Nontaxable income won't be taxed, whether or not you enter it on your tax return. The following items are deemed nontaxable by the IRS: Inheritances, gifts and bequests. Cash rebates on items you purchase from a retailer, manufacturer or dealer.

How are benefits taxed?

Benefits received in-kind, or considered de minimis, are usually not subject to taxation. Employers often provide other employee benefits such as health plans, unemployment insurance, and worker's compensation. Taxable fringe benefits are included on an employee's W-2.

What is wellness program?

A wellness program is a workplace program intended to improve and promote health and fitness, in which an employer typically offers premium discounts, cash rewards, gym memberships, or other incentives to participate. Wellness programs can be tax-free to an employee. They might be offered under employer-provided accident or health plan benefits ...

What is self funded health insurance?

In a self-funded plan, the employer assumes the financial risk for providing health care benefits to its employees. In practical terms, self-insured employers pay for each out-of-pocket claim as it is incurred instead of paying a fixed premium to an insurance carrier. Using two examples, the CCA discusses a plan in which an employer offers all ...

Is wellness a pretax benefit?

In all of these cases, when an employer makes any contribution toward health coverage or the coverage is paid for on a pretax basis, the plan (group or individual) is considered to be an employer-provided benefit. A wellness program can be offered separately from an employer's comprehensive health coverage, and that program's benefits can be ...

Can wellness benefits be excluded from income?

A wellness program can be offered separately from an employer's comprehensive health coverage, and that program's benefits can be excluded from an employee's income as an accident and health plan. To be excludable from income, the benefit must qualify as medical care as defined under Sec. 213. Also excludable are de minimis fringe benefits ...

Is flex credit taxable?

However, the flex credits awarded under the wellness plan would be excluded from a participating employee's wages and income unless the credits were used to purchase taxable benefits under the Sec. 125 cafeteria plan, such as whole life insurance (in contrast to group term life insurance) or a gym membership.

Is wellness tax free?

Wellness programs can be tax-free to an employee. They might be offered under employer-provided accident or health plan benefits or reimbursements excluded from employees' income under Sec. 106 (a), Sec. 105 (b), or Sec. 104 (a) (3). In all of these cases, when an employer makes any contribution toward health coverage or ...

Is the excess of post-tax contributions taxable?

Since the majority of the payments are funded either by contributions by the employer that are not includible in the employee's gross income or paid by the employer, the excess of payments over the post-tax employee contributions would be considered taxable wages to the employee. In the second example, the benefits under ...

Why is wellness important in the workplace?

The benefits of workplace wellness programs are endless. Not only is it useful for attracting top talent, but healthier employees inevitably lead to “lower medical claims costs , which leads to lower medical premiums, which leads to a better profit margin.”. To boost engagement, most employers offer some sort of incentive to employees ...

Is a health club membership taxable?

Off-site fitness programs or memberships to athletic facilities are also taxable. Health club memberships are not considered medical benefits unless they are prescribed by a professional to treat a specific medical concern.

Is wellness program cash taxable?

Cash rewards and gift cards for wellness programs are taxable no matter the amount and frequency (even if they’re through a third-party company like IncentFit). Reimbursements for wellness programs are taxable and should be included in an employee’s gross income.

Is wellness incentive taxable?

In 2016, the IRS issued a chief counsel advice tax memorandum ( 210622031) to clarify: workplace wellness incentives are taxable and they are not considering medical benefits! Attorneys say that the memorandum signals that the IRS is paying more attention to these programs.

Why are wellness insurance premiums excluded from wages?

These premiums are excluded from employees’ wages, thus reducing employment taxes for both employers and employees, and reducing income taxes for employees.

What is included in taxable income?

Amounts Included as taxable income. The following amounts ARE included as taxable income: Rewards, incentives or other benefits received by a medical program that are not medical care as defined in Code section 213 (d), unless it qualifies as an employee fringe benefit under Code section 132.

What are the three scenarios for wellness programs?

The IRS Memo lists three fact scenarios (Situations 1, 2 and 3) under which participants in wellness programs receive varying types of cash and non-cash rewards or incentives. There is no cost to employees under Situation 1, but under Situations 2 and 3 employees who elect to participate must pay an employee contribution by salary reduction through a section 125 cafeteria plan. The IRS then explains the tax sections and prior guidance that support its conclusion that cash rewards and certain non-cash rewards for participating in a wellness program are NOT excludable from wages for purposes of income or employment taxes.

Is gym membership a medical expense?

E.g., payment of gym membership, unless, based on the facts and circumstances, it would be a medical expense under 213 (d). Payment or “reimbursements” through a wellness program to reimburse employees for all or a portion of the premiums the employees paid by salary reduction.

Is a gym membership considered medical care?

Practical tip: An employer or wellness plan payment of a gym membership generally does NOT qualify as medical care as defined in Code section 213 (d) so would not be excludible from the employee’s income, even if paid through a wellness plan.

Do wellness programs include taxable income?

Employers that provide cash rewards under their wellness programs should include amounts received in taxable income of recipient employees. Employers should review their non -cash wellness program rewards and incentives to determine whether or not they should be imputing income ...

What is a wellness program?

The wellness program provides health screening and other health benefits that would be considered eligible medical expenses that could be treated on a tax-favorable basis. The program also provides cash rewards that do not qualify as section 213(d) medical expenses, such as gym membership fees.

What is an employer's arrangement under which employees reduce their salaries on a pre-tax basis to pay health insurance

The employer has an arrangement under which employees reduce their salaries on a pre-tax basis to pay health insurance premiums. In addition, the employer makes untaxed payments to employees that reimburse a portion of the health insurance premiums paid by salary reduction.

Can employers exclude wellness premiums from gross income?

Also, employers may not exclude from an employee’s gross income reimbursements of premiums for participating in a wellness program if the premiums for the wellness program were originally made by salary reduction through a section 125 cafeteria plan.

Is a cash fringe benefit a de minimis benefit?

Under IRC Section 132-6(c), a cash fringe benefit (other than overtime meal money and local transportation fare) is never excludable as a de minimis fringe benefit.

Do nominal payments appear to have the characteristics of an insurance claim?

If a nominal payment is made to participate in a wellness program and payment is made for activities that are within the control of the individual, payments don’t appear to have the characteristics of an insurance claim.

Is a wellness plan taxable?

If an employee enrolls in a wellness program and contributions are either paid by the employer and not included in the employee’s taxable income or paid through a Section 125 cafeteria plan with salary reduction, any benefits the program pays out are taxable.

Can wellness insurance be paid after tax?

The IRS has not provided any guidance on the treatment of claims payments if wellness program coverage costs are paid on an after-tax basis. However, we believe that those amounts would only be excluded from income if the payment is in the nature of insurance.

Is indemnity insurance taxable?

This CCA states that payments from indemnity health plans are treated as taxable income when the plan pays a fixed amount regardless of the cost of the medical expenses incurred and: The premiums for the indemnity plan are paid by the employer and not included in an employee’s gross income and wages for income and employment tax withholding; or.

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Impact

Summary

  • A wellness program is a workplace program intended to improve and promote health and fitness, in which an employer typically offers premium discounts, cash rewards, gym memberships, or other incentives to participate. Wellness programs can be tax-free to an employee. They might be offered under employer-provided accident or health plan benefits or ...
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Benefits

  • A wellness program can be offered separately from an employer's comprehensive health coverage, and that program's benefits can be excluded from an employee's income as an accident and health plan. To be excludable from income, the benefit must qualify as medical care as defined under Sec. 213. Also excludable are de minimis fringe benefits under Sec. 132(e).
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Criticisms

  • CCA 201703013 describes five situations in which fixed-indemnity health plans combined with wellness benefits would result in taxable income to the employee. The IRS takes the position that the exclusions under Sec. 105(b) and Sec. 104(a)(3) do not apply to amounts that are attributable to contributions not included in the employee's income. In brief:
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Example

  • Using two examples, the CCA discusses a plan in which an employer offers all employees enrollment in a self-funded health plan, for which the employees pay a small, after-tax contribution to participate. In the first example the plan is a stand-alone plan; in the second it is combined with a wellness benefit plan and \"flex credits\" that can be used for benefits under a Sec. 125 plan. T…
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Effects

  • The overall message of these CCAs is that when employees are reimbursed their contributions of pretax earnings, or when an employer is directly funding benefits that are not Sec. 213(d) medical expenses, the benefit is likely to be taxable to the employee. The IRS is likely to ignore the distinctions between combinations of two or more plans and analyze the overall result to make t…
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Funding

  • CPAs and their clients that provide wellness program benefits would do well to review the details of their program's funding arrangements and the administration of benefit payments to ensure that benefits are correctly excluded or reported in employee's wages.
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