Understanding IRS Section 125 Plans: What Every Employer Needs to Know
Offering pre-tax benefits to your employees is a great way to save money and lower your payroll taxes. But did you know that this tax advantage is only allowed if you have the proper documentation in place?
If you're a small business offering health, dental, or vision insurance, here’s what you need to know about IRS Section 125 (Cafeteria) Plans — and how SBIS can help you stay on track.
What Is a Section 125 Plan?
A Section 125 plan allows employees to pay for eligible benefits like health, dental, and vision insurance, using pre-tax dollars. This structure provides significant savings:
Employees reduce their federal income, Social Security, and Medicare tax liability.
Employers save on payroll taxes, and possibly Workers' Compensation premiums if based on payroll.
These savings are only valid if you maintain a compliant, written plan document.
What Are Employers Required to Maintain?
To legally offer pre-tax benefits under Section 125, the IRS requires the following:
A formal Section 125 Plan Document
A Summary Plan Description (SPD) for employees
Proper records of employee benefit elections and changes
Annual nondiscrimination testing (in some cases)
Verbal agreements or informal practices don’t count — documentation must be official and up-to-date.
The Risk of Non-Compliance
Skipping documentation or letting your plan expire can have serious consequences. If audited, employers without a valid Section 125 plan may face:
Plan disqualification, meaning all pre-tax deductions must be retroactively reported as taxable wages
IRS penalties and back taxes
Employee disputes if benefits are denied or reclassified
Even if you’re taking deductions now, they’re not valid without a compliant plan document.
When to Review or Update Your Section 125 Plan
Your Section 125 document isn’t a “set it and forget it” item. You should review and update your plan:
Annually, as part of your benefits review
When changing insurance carriers or brokers
If adding an HSA or FSA
After ownership, structure, or eligibility changes
If your document is more than 5 years old (many expire!)
How SBIS Helps You Stay Compliant
At SBIS, we go beyond traditional broker services; we support our clients with proactive guidance and trusted referrals to keep you compliant and protected.
While we don’t provide legal compliance documents ourselves, we help you:
✅ Monitor IRS and DOL updates that may impact your plan
✅ Connect with reliable vendors who provide Section 125 documentation and compliance resources
✅ Navigate options if your payroll provider doesn’t supply these documents
Compliance isn’t just a box to check, it’s a legal requirement. And we’re here to make sure you’re never caught off guard.
Need Help? Let’s Talk.
If you're unsure whether your Section 125 plan is current or compliant, reach out to our team. We'll point you in the right direction and ensure you have the support you need to protect your business and your employees.