Discussion:C-Corp dedcutible Medical Expenses
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Discussion Forum Index --> Basic Tax Questions --> C-Corp dedcutible Medical Expenses
Discussion Forum Index --> Tax Questions --> C-Corp dedcutible Medical Expenses
| 10 November 2007 | |
| facts:Professional Corporation -a C-Corp. One sole shareholder, 6 employees.
What is required for the officer's medical expenses to be fully deductible at the corproate level. Must there be a written "plan" and who must be eligible to participate if anyone, besides the owner?? | |
| November 10, 2007 | |
| Sec. 105. Written plan, available to all eligible employees. Cannot discriminate. | |
| 10 November 2007 | |
| If there is no plan as this was never utilized in prior history of corporation, what would you do with $5000 of officer medical expenses this year? Thanks | |
| November 10, 2007 | |
| Either dividend or S/H loan which will be repaid. Or gross up for payroll. | |
| 10 November 2007 | |
| "Sec. 105. Written plan, available to all eligible employees. Cannot discriminate"
I'm not sure its always that simple. There have been court decisions that allowed for coverage of one class of employees if there was a rationale for segregating that class from other classes of employees. One example is Bogene - Tax Court Memo 1968-147. It allowed for medical reimbursement plan for the owner but not all employees. I don't know how close the facts are to the original poster but you might want to look at some of these cases. Note the last sentence in the first heading from Bogene. There was some insurance for all employees - the boss got extra. I don't know how significant that is but you might want to read the decision. 1. INCOME EXCLUSIONS—Disability benefits—accident and health plans—what plans qualify. Medical reimbursement exclusion allowed president of corp. for medical costs reimbursed to him by employer. A plan to reimburse him and one other key management employee existed and was known to both of them. Although they were each 50% shareholders in corp., plan covered them as employees, not as shareholders. Under plan, employer corp. agreed to pay all their medical costs; payment wasn't related to stockholdings. Insured plan for other employees was in existence. Reimbursement plan for president simply provided additional medical benefits to key management employees. Congress intended discriminatory treatment of medical reimbursement plans when it enacted Sec. 105. | |
| November 10, 2007 | |
| Yes, should have expanded on that, but what is clear is that you can't just have the owner in and no one else that is eligible. | |
Death&Taxes (talk|edits) said: | 10 November 2007 |
| You may actually have the boilerplate in your incorporation kit, and some of these kits go so far as to include the plan adoption with the first Board of Directors meeting but with no details filled in....it would be up to the Board Members to strike through the adoption. You should be able to adopt waiting periods and minimum hours before coverage, but with six employees, it's hard to conceive that the math will work. | |


