Does an employer really need a 125 plan in order to allow pre-tax employee contributions to the health plan?

Yes, this is the only way that employees can contribute funds on a pre-tax basis.

A plan document is required, as is annual discrimination testing, though it is pretty easy on a small group.

The 125 plan needs to be in place before the first pre-tax deduction, and employees that want to participate need to sign a salary reduction agreement.

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