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Latest FSAs News & Regulations


The Heart Act // 2/4/2009

The Heroes Earnings Assistance Act of 2008 (HEART) was enacted on June 18, 2008. The Heart Act amended section 125 of the Internal Revenue Code to provide a special rule allowing distributions of unused amounts in a health Flexible Spending Arrangement (health FSA) to reservists ordered or called to active duty.

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// 2/2/2009

The Treasury Department and the IRS issued on August 3, 2007 new proposed regulations for employee benefit plans under Section 125 of the Internal Revenue Code. The plans, called "cafeteria plans," allow employees to make a choice between receiving taxable cash compensation or tax-free employee benefits, such as health care, dependent care, and other fringe benefits.

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Visit Website: http://http://www.treas.gov/press/releases/reports/section125.pdf


Summary of Proposed Cafeteria Plan Regulations // 2/2/2009

The Treasury Department and the IRS issued on August 3, 2007 new proposed regulations for employee benefit plans under Section 125 of the Internal Revenue Code. The plans, called "cafeteria plans," allow employees to make a choice between receiving taxable cash compensation or tax-free employee benefits, such as health care, dependent care, and other fringe benefits.

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IRS Notice 2005-42 - Grace Period // 4/28/2006

Section 125 Cafeteria Plans - Modification of application of rule prohibiting deferred compensation under a cafeteria plan.

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IRS Notice 2005-61 - Grace Period Dependent Care Reporting // 4/28/2006

Section 129 - Reporting requirements for dependent care assistance programs.

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Introduction to (Reimbursement Accounts)Cafeteria Plans // 4/1/2006

The IRS document details (Reimbursement Accounts)Cafeteria Plans, including plan requirements, deferred compensation, qualified benefits and much more.

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IRS Notice 2004-16 - Suspension of Form 1099-MISC Reporting Requirements for Healthcare FSAs and HRAs // 2/3/2006

Certain information reporting requirements of Rev. Rul. 2003-43, 2003-21 I.R.B. 935, will not apply to payments made pursuant to flexible spending arrangements (FSAs) or health reimbursement arrangements (HRAs) prior to January 1, 2003.

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IRS Revenue Ruling 2003-43 - Electronic Payment Card Guidance // 2/3/2006

Section 105 - Amounts Received Under Accident and Health Plans

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IRS Revenue Ruling 2003-102 - OTC Medications // 2/3/2006

Are reimbursement for medicines, drugs, or dietary supplements purchased by the employee without a physician’s prescription excludable from
gross income under § 105(b) of the Internal Revenue Code?

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Admission and Transportation to a Medical Conference // 2/3/2006

Amounts paid by an individual for expenses of admission and transportation to a medical conference relating to the chronic disease of the individual's dependent are deductible as medical expenses under section 213.

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IRS Revenue Ruling 2002-32 - Asset Acquisition // 2/3/2006

Section 125 - Cafeteria Plans

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IRS Revenue Ruling 2002-19 - Weight Loss Programs // 2/3/2006

Section 213 - Uncompensated amounts paid by individuals for participation in a weight-loss program as treatment for a specific disease or diseases (including obesity) diagnosed by a physician are expenses for medical care under section 213 of the Code.

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IRS Information Letter - Imported Drugs // 4/20/2005

Can you deduct drugs imported from other countries?

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Advanced Reimbursement of Medical Expenses // 4/13/2005

This ruling amplifies Rev. Rul. 2002-3, 2002-3 I.R.R. 316, to clarify that amounts paid to an employee as "advanced reimbursements" or "loans" without regard to whether the employee has suffered aperson injury or sickness...

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Interaction Between HSAs, Healthcare FSAs and HRAs // 4/13/2005

Section 223 - Health Savings Accounts - Interaction with other health arrangements.

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Effect of FMLA on the Operation of Cafeteria Plans // 2/9/2005

A plan may not offer a beneift for purchase with after tax employee contributions if such benefit would fail to satisfy any eligible coverage, or nondiscrimination requirement that would apply if such beneift were designed to be provided on a nontaxable basis...

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Cosmetic Surgery, Breast Reconstruction Surgery, Lasik // 2/3/2005

Amounts paid by individuals for procedures that are directed to improving appearance and do not promote the proper function of the body are not expenses for medical care deductible under section 213 of teh Code unless the procedure is...

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Expenses Reimbursed Prior to the Establishment of a Plan // 2/3/2005

Accident and health plans. This ruling clarifies that amounts reimbursed under a self-insured medical expense reimbursement plan for medical expenses prior to the adoption of the plan are not excludable from gross income...

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IRS Information Letter 2000-0246 - Kindergarten Expenses // 1/3/2005

Do expenses for kindergarten and summer school qualify for the dependent care credit?

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IRS Notice 2002-24 - Suspension of Form 5500 Schedule F Requirement // 9/22/2004

This notice suspends the filing requirement imposed on specified fringe benefit plans by section 6039D of the IRS code and modifies and supersedes Notice 90-24, 1990 C. B. 335.

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Misc Cafeteria Plan Q&A - Part 2 // 5/5/2004

IRS/Treasury questions and answers about cafeteria plans. Part 2

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Q&A Relating to Cafeteria Plans - Part 1 // 5/5/2004

Treasury/IRS questions and answers relating to cafeteria plans - Part 1

Download PDF: Prop. Treas. Reg. 1.125-1 - Questions and Answers Relating to Cafeteria Plans.pdf


Treas. Reg. 1.125-4 - Permitted Election Changes // 5/5/2004

Tax treatment of cafeteria plans - This document contains final regulations relating to the section 125 cafeteria plans.

Download PDF: Treas. Reg. 1.125-4 - Permitted Election Changes.pdf