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  • Atricle Dump - Employers Can Pay for Employee Education Costs & Gain a Tax Benefit: Section 127 Plans

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    nefit, if the education is related to the employer’s business. If the education is not related to the employer's business, then the employer is (generally) not entitled to deduct the costs and the employee is required t
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    Congress has provided a number of tax incentives to encourage employers to provide employee education. This article discusses one of the most overlooked employer education tax incentive, Section 127 plans.

    Section 127 allows employers to create a program for providing employee education (up to $5,250 per year per employee), while permitting the employer a deduction and allowing the employees to exclude the amounts from their taxable income.

    Absent a Section 127 plan, the education tax rules can be a bit, well, confusing. Absent a Section 127 Plan (and assuming that the Section 117 scholarship provisions are not applicable), the cost for education provided by employers to employees is (generally) deductible by the employer as an "ordinary and necessary" business expense and is excluded from the employee's taxable income as a "working condition fringe" benefit, if the education is related to the employer’s business. If the education is not related to the employer's business, then the employer is (generally) not entitled to deduct the costs and the employee is required to

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    n 127 allows employers to create a program for providing employee education (up to $5,250 per year per employee), while permitting the employer a deduction and allowing the employees to exclude the amounts from their taxable income.

    Absent a Section 127 plan, the education tax rules can be a bit, well, confusing. Absent a Section 127 Plan (and assuming that the Section 117 scholarship provisions are not applicable), the cost for education provided by employers to employees is (generally) deductible by the employer as an "ordinary and necessary" business expense and is excluded from the employee's taxable income as a "working condition fringe" benefit, if the education is related to the employer’s business. If the education is not related to the employer's business, then the employer is (generally) not entitled to deduct the costs and the employee is required t

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    Absent a Section 127 plan, the education tax rules can be a bit, well, confusing. Absent a Section 127 Plan (and assuming that the Section 117 scholarship provisions are not applicable), the cost for education provided by employers to employees is (generally) deductible by the employer as an "ordinary and necessary" business expense and is excluded from the employee's taxable income as a "working condition fringe" benefit, if the education is related to the employer’s business. If the education is not related to the employer's business, then the employer is (generally) not entitled to deduct the costs and the employee is required t

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    education provided by employers to employees is (generally) deductible by the employer as an "ordinary and necessary" business expense and is excluded from the employee's taxable income as a "working condition fringe" benefit, if the education is related to the employer’s business. If the education is not related to the employer's business, then the employer is (generally) not entitled to deduct the costs and the employee is required t
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    nefit, if the education is related to the employer’s business. If the education is not related to the employer's business, then the employer is (generally) not entitled to deduct the costs and the employee is required to include these amounts in his or her taxable income.

    A number of court cases have addressed what educational costs are related to the employer’s business pursuant to the applicable Treasury Regulations and, consequently, qualify as a "working condition fringe" benefit. The courts have essentially held that education expenses that allow the employee to meet the minimum educational requirements for qualification in their current job, qualify the employee for a promotion, salary increase, or a different position in a new trade or business do not qualify as a working condition fringe benefit. If the education expenses do not qualify as a working condition fringe benefit, then (generally) the expense is includable in the employees taxable income and not deductible by the employer.

    I would hazard a guess that taxpayers have had great difficulty in applying thes

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