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I became totally and permanently disabled after a working for 44 years. I returned to college late in life (while working full-time) to fulfill my dream of becoming an RN and at that time found it necessary to secure student loans. Three years after being declared totally and permanently disabled my student loans were discharged. In January 2013 we received a 1099-C form declaring said student loans that were discharged however that amount could be considered as income for 2012. This was a large amount of money and we live on two pensions and social security income.

I started looking on the internet for information regarding 1099-C and felt that this was something that we could not handle alone. I made phone calls locally to a very reputable tax group in a city near us and they said it would cost $500 for an appointment and that they really prefer to do corporate taxes and they referred me to a local person who had worked for them at one time, we called and explained the situation and an appointment was made and then the comment was made that "I will have to do some research on this" and flags immediately went up and we called back and cancelled that appointment. I had been researching the IRSwebsite and every place else I could think of and I was not comfortable doing our own taxes this year. We called another local tax preparer that we had used in the past and made an appointment, however prior to the appointment, while still seeking information regarding our situation,

I came across a website for Gary l. Bode, MSA, CPA, PC in Wilmington, NC. I called Mr. Bodeand explained our situation and asked if he could help. He spoke very knowledgeably regarding the situation and stated that yes; he felt he could help us. As Mr. Bode was in North Carolina and we were in New York I scanned all of our documents including back-up documents for all of our claims and forwarded all to him. Mr. Bode kept in touch with us via email; we have spoken on the telephone several times and have become very comfortable with his knowledge and professionalism. Also, as I am a true "worrier" I have continued looking into information regarding our tax situation and I came upon another web page for Mr. Bode that included testimonials which spoke of his experience with this type of tax situation as it became prevalent during the recession. This reinforced in our minds that we had made the right decision in hiring this person as our tax preparer.

I share all of this as our taxes are now ready to be filed (we do owe tax for 2012 but not the astronomical figure we thought we were facing), and we are confident that they have been prepared with the utmost care by a gentleman who has an excellent working knowledge of the situation we faced and the tax laws that were applicable to said situation.


Bill and Carol

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Even though Gary enjoys helping colleagues, we no longer provide free consults to other tax preparers. He's happy to consult on an hourly billing basis if our schedule allows.

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Form 1120-S CPA explains Shareholder Health Insurance Premium Deduction in S Corps | Form 1120-S Health Insurance

CPA Wilmington NC discusses Health Care Insurance for S Corporation Shareholders

Gary Bode, CPA: deducting your health insurance premiums on IRS Form 1120-S circumvents the 7.5% threshold for medical expense on Schedule A, Form 1040. For a free initial phone consult call 399-2705.

Hi, I’m Gary Bode, a Form 1120-S CPA with a virtual office. Recent IRS regulations now allow S Corporation Shareholders to deduct their health insurance premiums as a company expense on IRS Form 1120-S, even if the policy isn’t in the Corporate name. Basically the Shareholder pays the premium out of their own pocket and the S Corporation reimburses the cost to the Shareholder via a payroll check (please read below).

Back Ground on S Corporations S Corporations, as an entity, have some advantages for small business.  There are two basic types of Corporations: C Corporations and S Corporations.  Both corporations, by default, start as C Corporations by filing Articles of Incorporation with their resident State. The CPA then files Form 2553 and you’re an S Corporation. Here’s some S Corporation basics.

  • S Corporations can only have people as shareholders IE no partnership, corporate or non-resident alien shareholders. Note that certain types of Trusts and estates do qualify as share holders.
  • S Corporations must have less than 100 shareholders.
  • S Corporations can only have one class of stock.
  • LLCs can elect to be taxed as S Corporations and file Form 1120-S.
  • S Corps pay no tax on the federal level.
  • A separate tax return, Form 1120-S is filed annually.
  • States have various taxes on S Corporations too. S Corporations make more sense tax wise in some States than others.
  • The profit from S Corporation flows into the shareholder’s personal Form 1040 via Schedule K-1 and Schedule E.

“> 2% S Corporation shareholders can now run their health insurance through the company if they receive wages. Even if the health insurance policy is in their personal name.”  – Gary Bode, Form 1120-S CPA

Finally, the Health Insurance! The basics: S Corporation shareholders can deduct their health insurance through the company if they receive wages, even if the insurance policy is under their personal name. From the IRS site: Heath and accident insurance premiums paid on behalf of the greater than two percent S corporation shareholder-employee are deductible and reportable by the S corporation as wages for income tax withholding purposes on the shareholder-employee’s Form W-2.  So the shareholder has to receive at least one paycheck annually. Sometimes this is a $0 net payroll check. Note this saves paying federal income tax on the health care premiums, From the IRS site: These health care benefits are not subject to Social Security or Medicare (FICA) or Unemployment (FUTA) taxes.  The additional compensation is included in Box 1 (Wages) of the Form W-2, Wage and Tax Statement, issued to the shareholder-employee, but would not be included in Boxes 3 and 5 of Form W-2. A non employee spouse isn’t eligible for this technique, so some sort of real job must be established, with wages being at least equal to the cost of the health care insurance premiums. And don’t forget about the 2012 Health Insurance Credit that’s available through Form 8941.

S Corporation Shareholder Wages vs. Distributions

Lets look at when two 2% shareholders are husband and wife, a common scenario.  The amount of wages paid to close relatives is a gray area that the IRS and S Corporation CPAs constantly explore.  Distributions are not subject to self employment taxes in S Corps and represent an excellent, legal self employment tax avoidance strategy.  This is a cat and mouse scenario which S Corporation shareholder employees should explore carefully. In 2013 the rewards are tax savings of 15.3% on non payroll distributions. So health insurance for Shareholders is just part of the bigger tax positioning picture. I’m an S Corporation CPA whose firm functions as an S Corporation, so I keep up with emerging trends on Form 1120-S. I offer a free phone consult at (910) 399-2705. Find me on Google+

2 comments to Form 1120-S CPA explains Shareholder Health Insurance Premium Deduction in S Corps | Form 1120-S Health Insurance

  • Gary,

    It may be time to update the information as you have described above. Under the ACA and IRS Notice 2013-54 employers may no longer reimburse employees for their health insurance premiums or directly pay the cost of the individual health insurance premiums by the s corporation and exclude such amounts from the employee’s gross income.

    With this IRS interpretation effective 1/01/2014 these “employer payment plans” must be paid with after tax dollars. Basically, the big change is that the premiums are now subject to FICA and Medicare taxes.

    I would like to here your comment/comments.

    • Well you’re right Rick it did change. Now the >2% shareholder health insurance premiums incur income tax but escape Social Security and Medicare taxes. Is this your understanding as well? Thanks for bringing that to my attention.

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