If an employer wants to offer employees pretax payroll deferrals to their Health Savings Accounts, the employer needs to first create a Section 125 plan or cafeteria plan that allows HSA deferrals.
A cafeteria plan is the only way for employers to offer employees a choice between taxable and nontaxable benefits, "without the choice causing the benefits to become taxable," the IRS says. "A plan offering only a choice between taxable benefits is not a Section 125 plan."
Here are 5 things to know about HSAs and Section 125 plans.
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