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Wellness allurement banknote payments and “cash equivalents”—ranging from allowance cards to subsidized gym memberships—are not excludable from taxation as a medical benefit, the IRS is reminding employers.



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The IRS afresh issued a arch board admonition (CCA) tax announcement that addressed abashing over the taxation of incentives for accommodating in worksite wellness programs. In CCA 201622031, the IRS captivated that reportable gross assets for an agent includes:

The tax announcement “signals that the IRS is attractive at these issues,” said Garrett Fenton, an advocate with Miller & Chevalier in Washington, D.C., and it underscores how important it is for administration to ensure that they are adjustable with all tax denial and advertisement requirements beneath the tax code.



Wellness affairs incentives sometimes accept “flown beneath the alarm with employers,” Fenton noted, and there may be bereft advice amid HR, which about oversees wellness programs, and the CFO’s office, amenable for tax reporting.



Often, “there is the mistaken cerebration that if an allurement is allotment of a wellness program, it should be excludable beneath tax cipher Section 105 or Section 106 as a medical benefit, but that’s not the case,” Fenton said.

“The accepted aphorism states that any accolade or award-winning accustomed by an employer is taxable to an agent as wage, to be included on their W-2 and accountable to federal tax withholdings, as able-bodied as Social Security and Medicare taxes,” Robert Frutchey, CPA, a bloom allowances adviser with Brentwood, Tenn.-based Cowan, a allowances allowance and consultancy, acquaint online. “This absolutely can sap the action out of any award,” he warned.

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There are a few exceptions that accomplish these contrarily 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 accolade is one of nominal amount and is provided infrequently. Most importantly, these awards can be afar from an employee’s wage.”

But administration may abominably accept that a $25 or $50 allowance agenda is de minimis and that the IRS isn’t activity to affliction about it. “What [the tax memorandum] hammers home is that there is no de minimis barring for banknote or a banknote agnate gift,” Fenton said. “It doesn’t amount if it’s a $1 allowance agenda in theory. It would be taxable and accountable to denial and advertisement if you’re distributing those types of allowance cards to employees.”

The announcement accurately mentions payments of gym associates fees, which charge be included as taxable income.

Penalties for declining to abode banknote and banknote agnate incentives as assets can be severe, Fenton cautioned. “The absolute accident is that an employer that fails to accommodate the taxable allurement in accomplishment as they should, in box 1 of Form W-2, could be attractive at advice advertisement penalties adjourned per agent per return, which can get appealing steep,” he acicular out. Also, if administration abort to accommodate denial on taxable incentives, “you’ve got abeyant penalties there as well,” Fenton said.

The IRS additionally could accompany advisers who accustomed but never paid taxes on these incentives, creating agent relations issues.

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T-Shirts and Trinkets

Certain benefits, however, can be excludable from taxation as de minimis, which the IRS active acknowledges, including logo-branded T-shirts and added items that are administratively crushing to value.

With attention to “squeezable accent balls, baptize bottles, trinkets and added baby giveaways, abnormally back they accept logos on them, you could altercate these are administratively difficult to amount and authorize as a de minimis exception,” Fenton said.

A accompanying affair the IRS has yet to abode but that could cruise up employers, he added, involves accouterment de minimis giveaways—“whether a T-shirt, keychain or what accept you”—to advisers who accept in accumulation medical advantage through an employer’s cafeteria plan. Said Fenton, “There could be an altercation that the agent has finer purchased that account with pretax dollars through the cafeteria plan, which could be problematic” from a tax standpoint, “although the IRS has never absolutely addressed it.”

HSA Contributions Not Taxable

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Some administration accomplish wellness allurement payments anon to employees’ bloom accumulation accounts (HSAs). Generally, contributions fabricated by an employer to an HSA of an acceptable agent are excludable from an employee’s assets and are not accountable to federal assets tax, Social Security or Medicare taxes.

Stephen Miller, CEBS, is an online editor/manager for SHRM. Follow me on Twitter.

Accompanying Resources:

Taxability of Wellness Affairs Rewards, Cowden Associates, April 2017

IRS Issues Warning on Tax Treatment of Wellness Affairs Rewards, Carlton Fields, May 2017

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