aherasimovich
Returning Member

Deductions & credits

Thank you!

 

Quick follow up - there are two places I am being taxed here... as you said, I missed the QLE deadline to switch to a tax-free / pre-tax for my own contribution to the health plan.

 

However, my employer's contributions are still being counted as imputed income as well.

 

26 CFR § 1.106-1 makes it clear that "The gross income of an employee does not include the contributions that the employer makes to an accident or health plan for compensation (through insurance or otherwise) to the employee for personal injuries or sickness incurred by the employee, the employee's spouse..."
https://www.law.cornell.edu/cfr/text/26/1.106-1

 

It seems that this should no longer be counted as imputed income, regardless of the deadline. I can clean it up myself on my tax filing, except A: that's complicated and audit-prone, and B: I won't get my FICA taxes back unless the employer corrects it on my W2.

 

Am I correct that at the very least they should stop counting their contribution as imputed income as of May 17?