SIMERPU RESEARCH · SOURCE RECAP

Be Wary of Designs to Avoid Employment Taxes Through Wellness Plan Benefits

SIMERPU recap and commentary: Mardy Gould

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Quick recap

Warns that combining wellness programs, voluntary benefits and cafeteria plans does not alone create employment-tax savings. Explains the 2016 and 2017 memoranda.

SIMERPU’s viewpoint

Jackson Lewis draws attention to the interaction among the components of a wellness arrangement. SIMERPU’s view is that an employer needs to understand how those components work together, including the basis for each payment. Familiar tax-code references become useful when connected to a complete transaction description.

What this source contributes

The article encourages readers to examine how familiar benefit components work together instead of assuming their combination settles the payment treatment.

What remains unanswered

The operational links among a particular cafeteria plan, services and reimbursements still need to be demonstrated.

Mardy Gould’s take

An employer should not have to assemble the program explanation from four different presentations. I would ask for one account that connects the election, services, reimbursement and optional benefits. Each specialist can contribute, but the final explanation should be coherent enough for the employer to understand who does what.

Questions I would bring to the conversation

1. How do the plan components interact?

2. Which document governs the payment being questioned?

3. Who verifies that payroll follows that document?

Mardy Gould · Co-Founder, SIMERPU →

What would change our assessment?

A reconciled set of governing documents and actual procedures would make it possible to assess the interaction the article questions.

Read the original source

The original author and publisher are credited below. Continue to their article, document or source page for the complete context.

Original Author: Keith A. Dropkin

Publisher: Jackson Lewis / Benefits Law Advisor

Original Publication Date: 2017-04-18

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About this source

Original Updated Date: Not stated

Source Type: Law firm analysis

Model Discussed: Wellness Plan Benefits and Tax Treatment

Position: Critical

Period: Historical — through 2022

Retrieved: October 31, 2026

Research and date notes

No additional retrieval note.

Each record identifies the material retrieved. SIMERPU’s viewpoint and Mardy Gould’s take are editorial commentary; the source-position label describes the original source’s stance. Read the original and its qualifications when evaluating a particular arrangement.