S Corp Compensation and Medical Insurance Issues

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Purty Dorn

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Sep 15, 2021, 10:14:21 AM9/15/21
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My Clients (a husband and wife) own an S Corporation.  Both of them are 2 percent shareholders and also employees of the Corporation.  The Corporation pays medical insurance for these shareholders (the insurance cost covers the shareholder and his family members).  There is also another employee in the Corporation, who is not a family member.

Question:  does this scenario qualify for Notice 2008-1, where the Corporation deduct the cost by putting it in Box 1 of the 2 percent shareholder's W-2, and the shareholder can deduct the cost above the line?  Does the wife being the Corporation's employee make it disqualified? 

Any help is greatly appreciated.

Purty Dorn


 

Lee Reams

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Sep 15, 2021, 11:53:14 AM9/15/21
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This is a cut and paste from the medical chapter of the Big Book of Taxes.  Page 7.02.04.  Where did you get the idea if the spouse is also an employee that would disqualify them.  I have never heard of such a thing.





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Purty Dorn

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Sep 15, 2021, 12:17:29 PM9/15/21
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So, he can get above the line deduction on the medical insurance cost then?
Thank you Lee.

Purty Dorn.

Van Le

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Sep 15, 2021, 12:30:15 PM9/15/21
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Hmm… Do you want to read about the ACA impact on medical policy covering H and W  S employee-shareholders, but excluding other employees?


 


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Lee Reams

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Sep 15, 2021, 12:49:17 PM9/15/21
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Are there other employees?


On Sep 15, 2021, at 9:17 AM, Purty Dorn <purt...@gmail.com> wrote:

So, he can get above the line deduction on the medical insurance cost then?
Thank you Lee.

Purty Dorn.

On Wed, Sep 15, 2021 at 11:53 AM Lee Reams <lee....@clientwhys.com> wrote:
This is a cut and paste from the medical chapter of the Big Book of Taxes.  Page 7.02.04.  Where did you get the idea if the spouse is also an employee that would disqualify them.  I have never heard of such a thing.


<Screen Shot 2021-09-15 at 8.50.50 AM.png>



On Sep 15, 2021, at 7:14 AM, Purty Dorn <purt...@gmail.com> wrote:

My Clients (a husband and wife) own an S Corporation.  Both of them are 2 percent shareholders and also employees of the Corporation.  The Corporation pays medical insurance for these shareholders (the insurance cost covers the shareholder and his family members).  There is also another employee in the Corporation, who is not a family member.

Question:  does this scenario qualify for Notice 2008-1, where the Corporation deduct the cost by putting it in Box 1 of the 2 percent shareholder's W-2, and the shareholder can deduct the cost above the line?  Does the wife being the Corporation's employee make it disqualified? 

Any help is greatly appreciated.

Purty Dorn


 


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Lee Reams Sr., BSME, EA
Chief Content Officer
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See how CountingWorks can grow your practice.

 






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Purty Dorn

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Sep 15, 2021, 12:52:53 PM9/15/21
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Yes. There is another employee.

Purty.

Lee T Reams

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Sep 15, 2021, 1:01:55 PM9/15/21
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Are they proving insurance for the other employee?

Lee Reams, EA

On Sep 15, 2021, at 9:52 AM, Purty Dorn <purt...@gmail.com> wrote:



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Purty Dorn

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Sep 15, 2021, 1:03:03 PM9/15/21
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Purty Dorn

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Sep 15, 2021, 1:03:55 PM9/15/21
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The other employee is not a shareholder.

On Wed, Sep 15, 2021 at 1:01 PM Lee T Reams <lee....@clientwhys.com> wrote:

Lee Reams

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Sep 15, 2021, 9:29:49 PM9/15/21
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Van provided me with some notes from a class she took which triggered the answer to your question.  Only employers with 50 or more employees are required to provide their employees with medical insurance.  Thus, in your case where there is only employee who is not a stock holder the owners can discriminate and reimburse themselves following these rules:

·       S-Corporation Shareholder -   Be a more-than-2% S corporation shareholder, the shareholder's wages (i.e., the Medicare wages from box 5 of Form W-2) from the S corporation are treated as his earned income, and the premiums paid or reimbursed by the S corporation are shown as wages on Form W-2. The policy can be either in the name of the S corporation or in the name of the shareholder.

o    If the S corporation pays the premiums, the premium amounts are included on Form W-2 as wages.

o    If the shareholder pays the premiums, and the policy is in the shareholder's name, the S corporation must reimburse the shareholder and report the premium amounts on the W-2 as wages. Otherwise, the insurance plan won't be considered established under the business.

 

Purty Dorn

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Sep 15, 2021, 10:19:16 PM9/15/21
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Wonderful.  Thank you so much for the help Lee.

In my client case, the Corp pays the Health Insurance;
So, the amount will be treated as the 2% shareholder's income, and be posted on W-2 Box-5 only?  
This means that the shareholder does not have to pay income tax on the amount?
Do I get it correctly?

Purty Dorn.

Lee Reams

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Sep 15, 2021, 10:19:54 PM9/15/21
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