Is POST TAX SPOUSAL SURCHARGE legal ?

T

tjmonks

Guest
Jurisdiction
California
Hi our company has the following:
Health insurance where the company pays the majority of premium with the employee paying a portion PRETAX (i.e. IRS Section 125)

Employer has implemented a new Spousal Surcharge program (typical). The HR manager set this up as a separate deduction from medical premiums and has ordered that it be coded as POST TAX. So in addition to the $1500 per year surcharge payment to company, employees must pay income tax on the $1500.

Tax director says this is crazy. HR VP and Manager have zero tax experience but made this position from whatever 3rd party benefits vendor (clerk) we subscribe to. I NEED HELP !

I need specific law that will force HR to recompute W-2 forms for 2015 and make this pre-tax. Of course this is just a reduction of company contribution, nothing else. HR claims it is not premium, but another unrelated penalty and therefore taxable. HELP !!!
 
Hi our company has the following:
Health insurance where the company pays the majority of premium with the employee paying a portion PRETAX (i.e. IRS Section 125)

Employer has implemented a new Spousal Surcharge program (typical). The HR manager set this up as a separate deduction from medical premiums and has ordered that it be coded as POST TAX. So in addition to the $1500 per year surcharge payment to company, employees must pay income tax on the $1500.

Tax director says this is crazy. HR VP and Manager have zero tax experience but made this position from whatever 3rd party benefits vendor (clerk) we subscribe to. I NEED HELP !

I need specific law that will force HR to recompute W-2 forms for 2015 and make this pre-tax. Of course this is just a reduction of company contribution, nothing else. HR claims it is not premium, but another unrelated penalty and therefore taxable. HELP !!!

There is no way you'll get the answer you're seeking on a free legal forum, or if you paid an attorney.

I suggest you pose your question to the EMPEROR of tax matters, the IRS at 800-829-1040.
 
Back
Top