IRS NOTICE 2004-79 PDF

Excerpt: This notice provides guidance regarding the effect of the Working Families Tax Relief Act of (WFTRA), Pub. L. No. , On November 17, , the Internal Revenue Service (“IRS”) published Notice (“Notice”), clarifying some confusion over the definition. (IRB ) Corporate distributions of property; distribution by subsidiary Notice (IRB ) Notice withdrawn; IRS to continue.

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Under the terms of the divorce agreement, the mother may claim the federal dependency exemption for him.

IRS Notice 2004-79 Clarifies WFTRA Confusion

Skip table of contents. Massachusetts General Laws show more show less. Section 61 a 1 of the Code states that, except as otherwise provided, gross income includes compensation for services, including fees, commissions, fringe benefits, and similar items.

Although generally Massachusetts follows federal noyice in the area of noncash fringe benefits, in the case of imputed lrs with respect to employer-provided health insurance, the Legislature has chosen to depart from the federal treatment. If an employee participates in an employer-provided health insurance plan, any amount which, but for this section, would be included in gross income of the employee by reason of coverage under the plan of any person other than the employee, to the extent such coverage is mandated by law.

For purposes of the exclusion from gross income for employer-provided health insurance, any child of divorced nitice who meets the expanded definition of dependent 2040-79 connection with one parent is treated as a dependent of both parents.

An employer or an employee seeking a case-specific determination on imputed income for federal income tax purposes must contact the Internal Revenue Service. When does an employee’s ir meet the definition of dependent for purposes of employer-provided health insurance coverage so that the entire value of the coverage is excluded from gross income? In Notice, C. As of January 1,the Massachusetts Health Care Reform Act expands employer-provided health insurance coverage to include an employee’s child “under 26 years of age or for 2 years after the end of the calendar year in which such persons last qualified as dependents under 26 U.

Recent legislation provides for the exclusion from Massachusetts gross income of any imputed income 200479 from employer-provided health insurance of a person included in the employee’s family health insurance plan where the coverage is required by state law. Where an employee is charged with federal imputed income for employer-provided health coverage, the employee is not 204-79 with the imputed income for Massachusetts purposes where the health care coverage is required by state law.

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The father is a Massachusetts resident.

Text of IRS Notice on Definition of ‘Dependent’ in Group Health Plans (PDF)

Also, prior to the clarification in the technical corrections Act, the health care reform law required that on or after January 1,carriers issuing or renewing insured notiec benefit plans with coverage for dependents make coverage available for persons “under 26 years of age or for 2 years following loss of dependent status under the Internal Revenue Code, whichever occurs first. In general, for a child to be considered a dependent under the Internal Revenue Code, the child must meet the requirements of a “qualifying child” or a “qualifying relative” as described below.

The exclusion from Notiice gross income under G.

A 2004-779 of divorced parents, age 25, is a full-time student who lives with his mother. We use your feedback to help us improve this site but we are not able to respond directly.

Under federal tax law, employer contributions for health insurance are excluded from an employee’s gross income.

Pursuant to IRS Noticethe definition of “dependent” for purposes of the exclusion from gross income for employer-provided health insurance benefits is broader than the definition for purposes of claiming the dependency exemption for the child on the parent’s federal income tax return. Generally, with respect to the personal income tax, Massachusetts adopts the Code as amended and in effect on January 1, For federal income tax purposes, an employee who opts for coverage for a nondependent child will be taxed on the fair 204-79 value of the child’s coverage to the extent that it exceeds any amount paid by the employee on an after-tax basis employee pre-tax contributions are considered to be employer contributions.

Accordingly, under Internal Revenue Service Noticean employee may exclude from gross income the value of igs health insurance coverage for a child who, while not a “qualifying child,” meets the definition of a “qualifying relative” determined without regard to the child’s gross income.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here. This can happen, for example, when the child is over age 24 or is emancipated.

A fringe benefit is any property or service that an employee receives in lieu of or in addition to regular taxable wages. As a result of the expanded coverage required by the Massachusetts health care reform law, the child is included in the parent’s employer-provided health insurance coverage.

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This TIR provides a summary of Internal Revenue Service Noticea federal notice that provides relief from imputed income in many instances where employer-provided health coverage includes an employee’s grown child. So a child may qualify as a dependent for purposes of the exclusion from gross income for employer-provided health insurance benefits whether or not the parent actually claims the dependency exemption for the child on the parent’s federal income tax return.

Feedback Did you find what you were looking for on this webpage? The purpose of this fact sheet is to provide general guidance on the federal and Massachusetts treatment of employer-provided health insurance coverage for an employee’s child. Although this TIR provides general guidance, an employer or an employee seeking a case-specific determination on federal imputed income must contact the Internal Revenue Service.

When does employer-provided health insurance coverage for an employee’s child result in imputed income to the employee? However, the exclusion is limited to contributions made for coverage of the employee, the employee’s spouse, and the employee’s dependents. Massachusetts Department of Revenue. Any child to whom section e applies shall be treated as a dependent of both parents for purposes of this subsection.

The recent legislation provides an exemption for imputed income for Massachusetts personal income tax purposes where health care coverage is required by Massachusetts law. Except in the case of amounts attributable to and not in excess of deductions allowed under section relating to medical, etc. The employee’s federal gross income for the year, as reflected in his or her W-2, will be higher and this higher amount will be subject to taxation and withholding.

If a child does not meet the definition of dependent for these purposes, the value of the health coverage for this individual will be imputed as income to the employee for federal income tax purposes. In the context of employer-provided health insurance benefits, the following examples illustrate when imputed income occurs and when it does not. Massachusetts gross income is federal gross income, as defined under the Code, with certain modifications.

Employer-provided health insurance coverage is a fringe benefit. However, pursuant to G.