ABOUT THIS HRA PLAN DOCUMENT PACKAGE

What is a Section 105 HRA for 1 Employee or Spouse?

HRAs are Medical Expense Reimbursement Plans that allow you to save substantial tax dollars on insurance premiums and out-of-pocket medical expenses not covered by insurance.

Section 105 HRA One-Person HRA Plans are designed specifically for small business owners who are considered self-employed, or the only eligible employee of a Corporation, or who can legitimately hire their spouse, or have just one employee eligible for benefits. Because the spouse/employee can be reimbursed for family expenses the employer indirectly benefits as well.

This type of plan is made possible by Section 105 of the Internal Revenue Code, Revenue Ruling 71-588 and IRS Letter Ruling 9409006. (For a C corporation and S corporation owner it is not necessary to use the spouse/employee method. The corporation becomes the employer and the owner is an employee as long as they are an employee receiving a regular paycheck.)

Who Can Participate?

Section 105 HRA One-Person Plans are best suited for employees of sole proprietors, corporations, limited
liability companies, and partnerships. Business owners generally can’t participate in a Section 105 HRA plan.

This is why the spouse/employee approach has become so popular. However, C corporation and S corporation owners can participate as long as they’re receiving a regular paycheck as an employee

Aren’t These Expenses Already Deductible by the Self-Employed

Good question. The answer is yes, however the deductions are limited as outlined below.

• Self-Employed Health Insurance Deductions with a Section 105 One-Person HRA plan: Effective in 2003 and thereafter 100% of health insurance premiums became tax deductible for the self-employed.The self-employed can take this deduction whether they itemize or not. However, most people are unaware that the 100% health insurance deduction only affects income tax and does not reduce income when calculating Social Security taxes (Self-Employment Tax). The 15.3% Self-Employment tax is still paid on insurance premiums. If an employer elects to establish a Section 105 HRA for a spouse/employee or themselves as an employee, the Social Security taxes are eliminated for the employee as well as the employer. The Section 105 HRA allows employers to take this additional 15.3% deduction.
• Self-Employed Medical Expense Deductions
  without a Section 105 One-Person HRA Plan: Medical expenses are already tax deductible for the self-employed, aren’t they? Yes, they are, if you itemize deductions; however, you can only write-off medical expenses that are in excess of 10% of Adjusted Gross Income (AGI). For example, if your AGI is $100,000 and you have $12,500 in out-of-pocket medical expenses, you can only deduct $2,500 ($100,000 X.10 = $10,000, so $12,500 – $10,000 = $2,500 in excess you can deduct). With a spouse/employee Section 105 HRA, the employer can deduct the entire $12,500 as a business expense.

Establishing a $199 Section 105 One-Person HRA Plan if You’re Hiring Your Spouse

Care must be taken when establishing a Section 105 One-Person HRA plan to ensure that a legitimate employer/employee relationship exists with the family member. In 1999 the IRS Industry Specialization Program offered a coordinated issue paper regarding Section 105 and the spouse/employee issue that said: “The extent and nature of a spouse’s involvement in the business operations is critical. Although, part-time work does not negate employee status, the performance of nominal or insignificant services that have no economic substance or independent significance may be challenged. Merely calling a spouse an “employee” is not sufficient to qualify a non-working spouse as an employee”.

The question is, does the spouse provide meaningful services to the company, and would the employer have to hire someone else to provide the same services if the spouse was not available for employment? If the answer is yes, then you qualify to establish a Section 105 HRA plan for your spouse.

Get Started Today!

The Section 105 HRA Plan Document Package from Core Documents Includes

• Resolution to Adopt a Section 105 Plan-Includes minutes of the meeting to adopt the Section 105 Plan as an employee benefit.
• Section 105 Plan Document – Section 105 Plan Documents are personally prepared for each client and should be accepted and signed by an Owner or Officer of the Company and kept on file for review by employees, accountants, IRS, etc. Documents can be purchased in PDF format emailed to you ASAP for $199 or $249 in the deluxe printed version in a 3-ring binder via Priority Mail, in PDF version via email as soon as your document is completed.
• Section 105 HRA Summary Plan Description (SPD)- Required for each employee. Explains the Section 105 Plan Purpose, Who is Eligible, How To Enroll, etc. in easy to read language. Also includes all information required by the Internal Revenue regarding the Section 105 Plan Year Start and End Dates, Agent for Legal Service, Fed. ID#, and information regarding COBRA, FMLA, and required DOL information
• Section 105 Election and Claim Form-Personalized for your company, it will include the Section 105 Election Agreement and Claim Form to submit bills to the company for reimbursement.
• Section 105 Administrative Handbook- Includes sections on Section 105 Administration, Non-Discrimination Testing, and Reporting and Disclosure information. You will be provided with instructions regarding Section 105 Plan setup, maintenance procedures, etc.

Complete the following steps to formally hire your spouse or hire an employee:

• Apply for a Federal Employer Identification Number (FEIN). You can’t be an employer without a FEIN. You can apply for the FEIN using IRS SS-4 Form. There are hundreds of payroll services who will process your payroll, report, and deposit payroll taxes for a minimal cost.
• Hiring your spouse or employee is a formal hiring process that should include the completion of a standard Employment Application, W-4 form, and an I-9 form. Core Documents will provide you with a work agreement that outlines the duties and responsibilities of the employee, plus the total compensation package.
• Next, and very important, is developing a reasonable compensation for the services provided.Some factors to consider would be wages paid for similar services, experience, qualifications, complexity of the job, and responsibilities. Once you’ve established a reasonable wage, then determine which insurance and medical expenses that can be deducted. The difference is the reasonable salary that should be set up on a systematic payroll either bi-weekly, monthly or quarterly.
• Notify your health insurance carrier that you will be changing the name of the primary policyholder to the spouse/employee.
• If established for a spouse, they should set up a separate checking account to deposit earnings and medical expenses you’ve reimbursed. The paycheck and the medical expense reimbursements should be in the employee’s name and deposited into their individual or joint account. Don’t deposit payroll checks into the business account.
• You should keep records of the hours worked and jobs performed for all employees.

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Core Documents will notify you when there are sufficient changes in the Code to require amending and restating your Section 105 One-Person HRA Plan.  You can amend and update anytime for just $199, and only when necessary which is the most cost effective way to establish and maintain a HRA Plan.

Core Documents has been providing Section 105 One-Person HRA plans for small business owners since 1997. We would be happy to assist you in establishing your own small self-funded Section 105 HRA plan document and administrative kit for only $199. Call us today at 1-888-755-3373 and talk to a Plan Consultant about how we can assist you and reduce your income tax liability.

*Most documents go out the same day via email within hours M-F. Orders placed on the weekend will be emailed Monday morning. Keep in mind that December, January, and February are our busiest months of the year and documents are processed in the order they are received. The Rush Order fee ($25) simply brings your document to the top of the stack to be processed immediately.