SIMERPU RESEARCH · SOURCE RECAP

IRS Releases Guidance Denying Favorable Tax Treatment to Certain Wellness Program Incentive Payments

SIMERPU recap and commentary: Mardy Gould

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Quick recap

Explains the 2023 CCA’s treatment of wellness incentives unrelated to unreimbursed medical expenses and the resulting withholding issues.

SIMERPU’s viewpoint

This explanation highlights the connection between a wellness incentive and an unreimbursed medical expense. SIMERPU would identify the payment trigger and the expense record before applying the article’s analysis to another program. The underlying facts make the withholding discussion more useful to an employer.

What this source contributes

The article focuses attention on the payment trigger and its connection to unreimbursed medical expenses.

What remains unanswered

An employer still needs the actual policy, expense records and payroll treatment to apply that analysis.

Mardy Gould’s take

I would ask for one complete example showing why the employee receives the payment. If it is described as reimbursement, show the relevant expense and what other coverage paid. That allows payroll and benefits teams to discuss the same transaction and makes the withholding explanation easier to understand.

Questions I would bring to the conversation

1. What event creates the payment entitlement?

2. What expense remains unreimbursed?

3. How is the resulting payroll treatment documented?

Mardy Gould · Co-Founder, SIMERPU →

What would change our assessment?

A verified expense-based entitlement or another material factual distinction could change the comparison with the article’s example.

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: WLG

Publisher: The Wagner Law Group

Original Publication Date: 2023-06-28

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About this source

Original Updated Date: 2023-06-29 (page metadata)

Source Type: Law firm analysis

Model Discussed: IRS Chief Counsel Memorandum Number: 202323006

Position: Critical

Period: Recent — 2023–2026

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.