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New Dependent
Definition Affecting Benefit Plan Taxability
In October, Congress enacted the Working
Families Tax Relief Act of 2004 (WFTRA) and the IRS recently published
Notice 2004-79, which provides guidance regarding the effect of WFTRA.
WFTRA changed the definition of dependent under Internal Revenue Code
Section 152, effective January 1, 2005.
It appears that these changes will have
relatively little effect on Flexible Benefit Plans. In IRS Notice
2004-79, they commented that "the intent of Congress was not to change
the definition of dependent for purposes of employer-provided health
plans." IRS Notice 2004-79 provides that "an employee may exclude from
gross income the value of employer-provided coverage for an individual
who meets the definition of a qualifying relative except that the
individual's gross income equals or exceeds the exemption amount." (A
copy of the Notice is available at
http://www.irs.gov/pub/irs-drop/n-04-79.pdf ).
The most significant changes affecting
Flexible Benefit Plans under the new rules are:
A child under age 19 (24 if a full
time student) is deemed to be the dependent of the person with whom the
child has the same principal place of abode for more than half the year
without regard to whether that person provides more than half of the
support for the child. This is a change for parents who provide more
than one half of the support for a child, but with whom the child does
not reside.
Two minor changes to Dependent Care
Reimbursement Accounts include the elimination of the “head of
household’ requirement, which will now allow a working parent who does
not maintain a household (possibly living with his or her own parents)
to participate, and stating that a disabled dependent with income over
the Section 151 limit (currently $3,100) will no longer qualify for tax
free reimbursement.
Plan Sponsors should review their plan
documents and procedures, and of course discuss the new rules with their
attorneys and consultants. The IRS has indicated that certification from
the employee that the enrolled dependent is a “dependent” under the Code
for health plan purposes is sufficient so long as the plan
sponsor/administrator has no reason to doubt that certification.
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