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Health Flexible Spending Account (FSA)
Health Flexible Spending Accounts, previously known as Medical Expense Reimbursement Plans or Medical FSA plans allow employees to use pre-tax dollars to pay out of pocket medical expenses not covered by health insurance. The Health FSA reduces payroll taxes for both the employer and the employee making it a popular benefit option. For the employee it's like getting a 30% discount on medical, dental and vision care expenses.

Here's how FSA Plans work:
Each year the sponsoring employer allows an FSA open enrollment period where each employee is given the opportunity to decide how much money they estimate they'll spend in healthcare, dental and vision care expenses for the coming year. Employees are encouraged to be conservative in their calculations so they don't over estimate. Each employee then elects this amount to be divided into regular payroll deductions and deposited into their Health FSA account.

Employees then turn in receipts for qualifying medical, dental and vision care expenses to be reimbursed from their tax-free Health FSA account.

Healthcare expenses that do qualify for reimbursement. See: IRS Publication 502

  Only expenses not reimbursed by insurance can be claimed.
 
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Acupuncture (excluding remedies and treatments prescribed by acupuncturist)
bulletAlcoholism treatment
bulletAmbulance
bulletArtificial limbs/teeth
bulletChiropractors
bulletChristian Science practitioner's fees
bulletContact lenses and solutions
bulletCo-payments
bulletCosts for physical or mental illness confinement
bulletCrutches
bulletDeductibles
bulletDental fees
bulletDentures
bulletDiagnostic fees
bulletDietary supplements with doctor's letter of medical necessity
bulletDrug and medical supplies (i.e. syringes, needles, etc.)
bulletEyeglasses prescribed by your doctor
bulletEye examination fees
bulletEye surgery (cataracts, LASIK, etc.)
bulletHearing devices and batteries
bulletHospital bills
bulletInsulin
bulletLaboratory fees
bulletLaser eye surgery
bulletObstetrical expenses
bulletOral surgery
bulletOrthodontic fees
bulletOrthopedic devices
bulletOver-the-counter drugs that are medically necessary like allergy medications, aspirin, or antacids if you have a doctors prescription for these items. Click here for a more complete list.
bulletOxygen
bulletPhysician fees
bulletPrescribed medicines
bulletPsychiatric care
bulletPsychologist's fees
bulletRoutine physicals and other non-diagnostic services or treatments
bulletSmoking-cessation programs
bulletSmoking-cessation over-the-counter drugs
bulletSurgical fees
bulletVitamins with doctor's letter of medical necessity
bulletWeight-loss programs with doctor's letter of medical necessity
bulletWeight-loss over-the-counter drugs with doctor's letter of medical necessity
bulletWheelchair
bulletX-rays
  Healthcare reimbursement limitation
 
The amount of your healthcare reimbursement election may not exceed $3000.00 or see your Plan Administrator for more information.
  Healthcare expenses that do not qualify for reimbursement.
 
bulletCosmetic surgery and procedures
bulletDental bleaching
bulletMarriage and family counseling
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Over-the-counter items, drugs, or medications that are not medically necessary or are not prescribed by your physician. Click here for a more complete list.
bulletWeight loss programs for general health or appearance
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Premiums you or your spouse pay for insurance coverage (Payroll-deducted premiums sponsored by your employer are eligible under the Premium Only Plan)
bulletLong-Term Care Insurance does not qualify for reimbursement from a Health FSA. In addition, Long-Term Care Insurance can not be offered through a Cafeteria Plan. (However, Long-Term Care Insurance can be offered through a Section 105 HRA plan.)

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Section 129 Dependent Care Assistance Plan FSA?
Section 129 of the IRS Code allows employees to establish special accounts called a Dependent Care Assistance Plan, or DCAP. A DCAP is a special Flexible Spending Account that enables an employee to make special pretax elections from their paycheck to pay for child and adult daycare expenses. The expenses must be necessary to enable one or both parents or guardian to work, look for employment, or go to school.

Dependent Care FSA Facts
Dependent Care Assistance Plans allows employees to be reimbursed up to $5,000.00 annually for married couples, or up to $2,500.00 if the employee is married filing separately.

Who is a qualifying dependent for a DCFSA?
A qualifying dependent is a:

bulletDependent of the enrolled employee who is under age 13; or
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Dependent or spouse of the enrolled employee who is mentally or physically incapable of caring for himself or herself, and who the employee claims as a dependent on his or her Federal Income Tax return.
To claim dependent care expenses, employees must meet the following conditions:
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The employee must have incurred the expenses in order for them and their spouse to work or look for work unless the spouse was either a full-time student or was physically or mentally incapable of self-care.
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The payments for care cannot be paid to someone the employee can claim as their dependent on their tax return or to their child who is under age 19.
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Your filing status must be single, head of household, qualifying widow(er) with a dependent child, married filing jointly, or married filing separately.
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The care must have been provided for one or more qualifying persons identified on the form you use to claim the credit.
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You (and, if you're married, your spouse) must maintain a home that you live in with your qualifying child or dependent.

Can a Dependent Care FSA pay for a babysitter in the employee's home rather than using a daycare facility?
Yes. Employees can include expenses paid to a babysitter if the services are necessary in order for the employee and their spouse, if married, to work, look for work, or for your spouse to attend school full-time.

Is day camp during the summer qualified childcare?
Yes, if attendance at that camp allows you and your spouse to work, look for work, or for your spouse to attend school full-time.

Is a private school tuition payments qualified childcare?
No. School tuition is not childcare. But before/after school care is a qualified expense. The employee's provider may be required to itemize the costs between tuition and before/after school care.

Does the employee have to submit an identical claim amount every week or can they set up an automatic reimbursement?
Employees must submit a claim every time they wish to request reimbursement of an expense. There is no automated process. Many individuals file claims monthly to eliminate weekly claim submission. However, it truly depends on the employee's specific needs and whether they can wait until the end of the month for reimbursement or if they need to receive funds weekly. Regardless of the amount on their claim they will only be reimbursed up to the amount in their account at that time.

Can employees be reimbursed for dependent daycare expenses once they have paid for them?
Eligible Dependent Care expenses are reimbursable when they are actually incurred. Expenses are treated as incurred when the employee has been provided with the service, not when they are billed or pay for the service.

Example: On March 1 you pay for the entire month’s dependent daycare expenses. You can be reimbursed once the services have been provided, not on March 1 when you paid for it. You can submit claims after each week, every two weeks, or wait until the end of the month.

A Tax Identification Number (TIN) is required on the claim form
If the employee's babysitter does not have a TIN, the employee must submit his/her nine-digit Social Security Number with your claim form. If the employees provider does not have a Social Security Number, the employee will be required to submit a letter indicating that they have attempted to obtain a SSN or TIN from the provider and they are unable to do so, as the provider does not have one or will not provide it to the employee.

Are there limitations that apply to DCFSAs on an aggregate basis?
The maximum amount an employee may elect to a Dependent Care FSA is set at $5,000 by law. This $5,000 limitation is the maximum pre-tax benefit for all dependent care programs, available to employees, including programs other than FSAs. As a result, if an employee is receiving a childcare subsidy and the combined benefit to that employee exceeds the $5,000 limit, both the employee and the Agency will be responsible for tax on any aggregate amount that exceeds $5,000 ($2,500 if married but filing separately).

Amounts exceeding the applicable limit could also happen if both spouses work for employers offering an FSA program and both choose a Dependent Care FSA, which combined, exceeds the applicable limit of $5,000 ($2,500 if married and filing separately).

Dependent Care FSA versus Child Care Tax Credits?
Depending upon your employees particular tax situation, it may be more advantageous to your employees to use the tax credit rather than a Dependent Care FSA exclusion. The amount of the DCFSA exclusion is limited to $5,000 per tax year ($2,500 for married individuals filing separate returns). If the applicable limitation is exceeded, the excess is included in income and taxable. There is a Dependent Care Tax Credit Worksheet that can help you determine which option is best for you.

You may also wish to consult a tax professional if you are unsure of which option is more beneficial for your particular tax situation.

Dependent Care expenses that do qualify for reimbursement.
Expenses necessary for you and your spouse (if married) to be gainfully employed
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For more information click here to see IRS Publication #503.

 
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Nanny expenses, for services provided inside your home, are eligible to the extent they are attributable to dependent care expenses and expenses of incidental household services.
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Dependent care expenses incurred for services outside your home, providing they are incurred for the care of a qualifying dependent that regularly spends at least 8 hours per day in your home.
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Registration fees to a daycare facility are eligible as long as the fees are allocable to actual care and not described as materials or other fees.
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Nursery school expenses are eligible, even if the school also furnishes lunch and educational services.
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Food and incidental expenses (diapers, activities, etc.) may be eligible if part of dependent care charge.
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Expenses paid to a relative (e.g. child, parent, or grandparent of participant) are eligible. However, the relative cannot be under age 19 or a tax dependent of the participant.
bulletFICA and FUTA payroll taxes of the daycare provider are eligible.
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Dependent care expenses incurred to enable the employee to find work are eligible.
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The reimbursement may not exceed the smaller of the following limits:
— The maximum allowed under the plan.
— $5,000 (if you are filing a joint tax return) and $2,500 if separate returns are filed.
— Your taxable compensation (after all compensation reduction elections).
— If you are married, your spouse's actual or deemed earned income.
  Dependent Care reimbursement limitations
  Dependent Care reimbursement may not exceed the smaller of the following limits:
 
bulletThe maximum allowed under the plan.
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$5,000 (if you are married and filing a joint tax return or are filing as single, head of household) and $2,500 if you are married and separate returns are filed.
bulletYour taxable compensation (after all compensation reduction elections).
bulletIf you are married, your spouse's actual or deemed earned income.
  Dependent Care expenses that do not qualify for reimbursement.
(For additional information click here to view IRS Publication 503.)
 
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Kindergarten fees are almost always an education expense and should never be reimbursed under a dependent care plan.
bulletElementary school expenses for a child in first grade or higher are not eligible.
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Food, transportation, and incidental expenses (diapers, activities, etc.) are not eligible if charged separately from dependent care expenses.
bulletExpenses paid to a housekeeper, maid, cook, etc. are not eligible, except where incidental to child or dependent adult care.
bulletMass transit and parking.

See the Tulalip Benefit Forms page to get signed up or get a claim form

 

 

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Copyright © 2009 Peoples Benefit Solutions
Last modified: December 06, 2009