Question:
I have a small business
where my wife is my only employee.
I am trying to set up a structure
for my business
so that I would pay for all of the
medical
expenses for my employees as a benefit
of employment. How do I go about
doing this and where can I get information?
Answer:
This is called a 105 plan and there
are many places to get info. BizPlan
is one such company. They
have a web site.
If your business
is a "C" corporation,
you can do this by having a written
plan and filing Form 5500-C/R each
year. It would be important
to have an attorney help you draft
the plan so it meets all requirement
of IRS, ERISA, and the Dept. of
Labor. You may find that the
administrative burdens are quite
high.
If you are operating in any other
structure (proprietorship or S corporation),
you can also do it, but it won't
give you any tax benefit, since
it would not be deductible by the
proprietorship and included in your
W-2 for the S corporation.
The only plan that is relatively
painless is one that uses only medical
insurance and doesn't reimburse
for other medical
costs.
You didn't
say if you're operating an incorporated
or unincorporated business.
The tax treatment of health
insurance shouldn't be the sole
criterion for deciding your business
structure. In general, "C"
corporation status is best for exclusion
of fringe benefits from the taxable
income of both the corporation and
the owner/shareholder. A 1971
revenue ruling allows a sole proprietor
to cover a spouse/employee under
a family medical
policy and fully deduct the premiums
on Schedule C. I don't have the
cite handy.
You'd be best advised to discuss
business
structure issues with a local tax
advisor before proceeding.