Explanation of Tax Proposals Relating to Tax Credit for Child Care And Certain Health Insurance Premiums, Simplification of Section 89 Nondiscrimination Rules Applicable to Certain Employee Benefit Plans (S.1129), Extension of Telephone Excise Tax, And Es

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Explanation of Tax Proposals Relating to Tax Credit for Child Care And Certain Health Insurance Premiums, Simplification of Section 89 Nondiscrimination Rules Applicable to Certain Employee Benefit Plans (S.1129), Extension of Telephone Excise Tax, And Es
United States. Congress. Joint Committee On Taxation
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Under the bill, accidental death and dismemberment plans (AD&D) are treated as group-term life insurance plans solely for purposes of nondiscrimination testing.
Dependent care assistance programs Under the bill, section 89 does not apply to dependent care assistance programs. For plan years beginning in 1989, the present-law nondiscrimination rules under section 129(d) are applicable to such plans and are modified as follows: (1) if a plan fails to meet the requirements of section 129(d), only
...highly compensated employees are required to include benefits under the program in gross income, and (2) if a dependent care assistance program fails the 55-percent benefits test (sec. 129(d)(7)), then the highly compensated employee is required to include in gross income only that amount of benefit in excess of the level of benefit that would meet the benefits test.
Election not to test Under the bill, an employer may elect to forego testing and instead include the employer premium for health coverage as taxable income on the W-2 of highly compensated employees.


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