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IRS Patrol: Tax-Free Employer-Provided Health Coverage Now Available for Children under Age 27
WASHINGTON — As a result of changes made by the recently enacted Affordable Care Act, health coverage provided for an employee’s children under 27 years of age is now generally tax-free to the employee, effective March 30, 2010.
The Internal Revenue Service announced today that these changes immediately allow employers with cafeteria plans –– plans that allow employees to choose from a menu of tax-free benefit options and cash or taxable benefits –– to permit employees to begin making pre-tax contributions to pay for this expanded benefit.
IRS Notice 2010-38 explains these changes and provides further guidance to employers, employees, health insurers and other interested taxpayers.
“These changes give employers a unique opportunity to offer a worthwhile benefit to their employees,” IRS Commissioner Doug Shulman said. “We want to make it as easy as possible for employers to quickly implement this change and extend health coverage on a tax-favored basis to older children of their employees.”
This expanded health care tax benefit applies to various workplace and retiree health plans. It also applies to self-employed individuals who qualify for the self-employed health insurance deduction on their federal income tax return.
Employees who have children who will not have reached age 27 by the end of the year are eligible for the new tax benefit from March 30, 2010, forward, if the children are already covered under the employer’s plan or are added to the employer’s plan at any time. For this purpose, a child includes a son, daughter, stepchild, adopted child or eligible foster child. This new age 27 standard replaces the lower age limits that applied under prior tax law, as well as the requirement that a child generally qualify as a dependent for tax purposes.
The notice says that employers with cafeteria plans may permit employees to immediately make pre-tax salary reduction contributions to provide coverage for children under age 27, even if the cafeteria plan has not yet been amended to cover these individuals. Plan sponsors then have until the end of 2010 to amend their cafeteria plan language to incorporate this change.
In addition to changing the tax rules as described above, the Affordable Care Act also requires plans that provide dependent coverage of children to continue to make the coverage available for an adult child until the child turns age 26. The extended coverage must be provided not later than plan years beginning on or after Sept. 23, 2010. The favorable tax treatment described in the notice applies to that extended coverage.
Information on other health care provisions can be found on this website, IRS.gov.
IRS Patrol: IRS Seeks Applications for Advisory Council
WASHINGTON — The Internal Revenue Service announced it is accepting applications for new members for the Internal Revenue Service Advisory Council (IRSAC), which provides a forum for IRS officials to discuss key areas of tax administration with a broad range of tax and other relevant professionals.
“Members of IRSAC provide the IRS with important feedback from a wide range of professionals dealing with many different aspects of our tax system,” said Doug Shulman, IRS Commissioner. “IRSAC members are doing their part to support sound tax administration.”
IRSAC has about 20 open seats for three-year terms starting in January 2011. IRSAC can have up to 35 members and submits a report to the IRS Commissioner annually at a public meeting in the fall. Applications will be accepted from May 3 to June 18, 2010.
Nominations of qualified individuals may come from individuals or organizations. Federally registered lobbyists cannot be members of the IRSAC. IRSAC members are drawn from diverse backgrounds. Membership is balanced to represent the tax professional community, including tax attorneys, certified public accountants, enrolled agents, enrolled actuaries, appraisers, and the business community, among others.
Nominations should describe and document the proposed member’s qualification for IRSAC membership, including the applicant’s knowledge of Circular 230 regulations and the applicant’s past or current affiliations, as well as dealings with the particular tax segment or segments of the community that the applicant wishes to represent on the council.
More information, including application requirements, is available on the Tax Professional’s Page on IRS.gov. Questions about the application process can be sent to the following e-mail address: *public_liaison@irs.gov.