Hi Boomer:
Hereâs the big picture: A flow-thru entity such as an LLC can pay for medical insurance premiums of the owner-members with entity pretax dollars, and such payment by the entity will not be deemed income to the LLC members. The mechanics by which that is accomplished are a little complicated, but that is the net result.
That is the end of what an LLC can do for medical expenses. Any other expenses, such as deductibles, copays, and uninsured medical expenses (such as chiropractic, acupuncture, naturopathic treatments, and other such alternative treatments that are not covered by the specific medical insurance plan) cannot be paid or reimbursed by the LLC without such payments being income to the members.
There is an obtuse exception to what I just said that purports to get around this rule by hiring a non-owner spouse. Iâm not comfortable with that exception because it all rests on the legal foundation that the spouse is, in fact and in law, a non-owner. That simply wonât fly in community property states, e.g., CA, TX, AZ, ID, LA, NV, NM, WI, and WA. In those states the spouse has an ownership interest by law. Nor will it fly in states that have a property ownership regime called âtenancy by the entirety.â
So to avoid trying to guild the lily with the subtleties of the ânon-owner spouseâ exception in every individual situation, we take the position that the better way to go is with a corporate medical reimbursement plan. These medical reimbursement plans are great! Under a corporate MRP, the corporation can pay for ALL medical expenses of the corporate employee, his spouse and dependents, with corporate pretax dollars. The payments are deductible to the corporation and are not income to the employee. This reimbursement not only covers the medical insurance premiums, but all other medical expenses including deductibles, copays, and uninsured medical expenses. Moreover, under a recent Revenue Ruling, even over-the-counter medications purchased without prescription are reimbursable under certain situations.
I wrote a fairly extensive article on corporate medical reimbursements plans several months ago that I invite you and all other viewers to review. It is on our website, and the link is:
http://www.tradersaccounting.com/mrp.asp
I think the info in that article will be helpful to you!