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IRS NOTICE 2004-79 PDF

Excerpt: This notice provides guidance regarding the effect of the Working Families Tax Relief Act of (WFTRA), Pub. L. No. , On November 17, , the Internal Revenue Service (“IRS”) published Notice (“Notice”), clarifying some confusion over the definition. (IRB ) Corporate distributions of property; distribution by subsidiary Notice (IRB ) Notice withdrawn; IRS to continue.

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IRS Notice 2004-79 Clarifies WFTRA Confusion

This TIR focuses on the instances where a child of a taxpayer who is not a “qualifying child” may be a “qualifying relative. Skip table of contents. The Legislature made several technical corrections to the health care reform law in the recent “Act further Regulating Health Care Access,” St. The Massachusetts Health Care Reform Act at chapter 58 of the Acts ofas amended, changed chapters 32A,A, B and G of the General Laws to require a broadening of dependent coverage offered by health insurance carriers.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here. Section 61 a 1 of the Code states that, except as otherwise provided, gross income includes compensation for services, including fees, commissions, fringe benefits, and similar items.

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The child is included in the father’s employer-provided health insurance coverage. Generally, with respect to the personal income tax, Massachusetts adopts the Code as amended and in effect on January 1, The purpose of this fact sheet is to provide general guidance on the federal and Massachusetts treatment of employer-provided health insurance coverage for an employee’s child.

The child is supported by both his parents. Massachusetts Department of Revenue Referenced Sources: As a result, Massachusetts will not follow federal law in the area of imputed income resulting from employer-provided health care fringe benefits.

For an affected employee, the Massachusetts gross income for the year, as reflected in his or her W-2, will be lower than federal gross income. Pending specific guidance from the Internal Revenue Service, an employer must determine the amount of imputed income attributable to the health insurance coverage of an employee’s nondependent child under valuation principles articulated in federal income tax law.

Also, prior to the clarification in the technical corrections Act, the health care reform law required that on or after January 1,carriers issuing or renewing insured health benefit plans with coverage for dependents make coverage available for persons “under 26 years of age or for 2 years following loss of dependent status under the Internal Revenue Code, whichever occurs first. The gross income of an employee does not include contributions which his employer makes to an accident or health plan for compensation through insurance or otherwise to the employee for personal injuries or sickness incurred by him, his spouse, or his dependents, as defined in section The extent to which a particular fringe benefit is excluded from gross income depends on the Code provisions that apply to the benefit.

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Although this TIR provides general guidance, an employer or an employee seeking a case-specific determination on federal imputed income must contact the Internal Revenue Service. The employee’s federal gross income for the year, as reflected in his or her W-2, will be higher and this higher amount will be subject to taxation and withholding. Collectively, the amendments require that on or after January 1,carriers issuing or renewing insured health benefit plans with coverage for dependents make coverage available for persons “under 26 years of age or for 2 years after the end of the calendar year in which such persons last qualified as dependents under 26 U.

For federal income tax purposes, an employee who opts for coverage for a nondependent child will be taxed on the fair market value of the child’s coverage to the extent that it exceeds any amount paid by the employee on an after-tax basis employee pre-tax contributions are considered to be employer contributions. In the area of employer-provided health insurance coverage which is a fringe benefitthe value of health insurance benefits for a child of an employee is excluded from gross income where the child is a dependent under the rules of IRC section If you need a response, please locate the contact information elsewhere on this page or in the footer.

Massachusetts General Laws show more show less. Section a irw the Code provides that gross income of an employee does not include employer-provided coverage under an accident or health plan.

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However, the exclusion is limited to contributions made for coverage of the employee, the employee’s spouse, and the employee’s dependents. However, for federal income tax purposes, the value of health insurance benefits for a child of an employee is treated as imputed income in cases where the child does not qualify as a dependent under IRC section Please do not include personal or contact information.

When does an employee’s child meet the definition of dependent for purposes of employer-provided health insurance coverage so that the entire value of the coverage is excluded from gross income? Recent legislation provides for the exclusion from Massachusetts gross income of any imputed income resulting from employer-provided health insurance of a person included in the employee’s family health insurance plan where the coverage is required by state law.

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However, pursuant to G. If an employee participates in an employer-provided health insurance plan, any amount which, but for this section, would 2004-799 included in gross income of the employee by reason of coverage under the plan of any person other than the employee, to the extent such coverage is mandated by law.

Although generally Massachusetts follows federal law in the area of noncash fringe benefits, in the case of imputed income with respect to employer-provided health insurance, the Legislature has chosen to depart from the federal treatment. A fringe benefit is any property nptice service that an employee receives in lieu of or in addition to regular taxable wages. Massachusetts gross income is federal gross income, as defined under the Code, with certain modifications.

An employer or an employee seeking a case-specific determination on imputed income for federal income tax purposes must contact the Internal Revenue Service. In Notice, C.

IRS Notice Clarifies WFTRA Confusion – Benefits Counsel

As a result of the expanded coverage required by the Massachusetts health care reform law, the child is included in the parent’s employer-provided health insurance coverage. This TIR provides a summary of Internal Revenue Service Noticea federal notice that provides relief from imputed income in 22004-79 instances where employer-provided health coverage includes an employee’s grown child.

Employer-provided health insurance coverage is a fringe benefit. This can happen, for example, when the notiec is over age 24 or is emancipated. Where an employee is charged with federal imputed income for employer-provided health coverage, the employee is not charged with the imputed income for Massachusetts purposes where the health care coverage is required by state law.

In the context of employer-provided health insurance benefits, the following examples illustrate when imputed income occurs and when it does not. If a taxpayer’s child does not meet the requirements of a dependent as a “qualifying child,” the child may still meet the requirements of a dependent as a “qualifying relative.

In general, for a child to be considered a dependent under the Internal Revenue Code, the child must meet the requirements of a “qualifying child” or a “qualifying relative” as described below. If a 204-79 does not meet the definition of dependent for these purposes, the value of the health coverage for this individual will be imputed as income to the employee for federal income tax purposes.

Except in the case of amounts attributable to and not in excess of deductions allowed under section relating to medical, etc.