Page 440 - Individual Forms & Instructions Guide

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amounts deferred) that are includible in income under establishing eligibility for a lesser value permitted benefit,
section 409A because the NQDC plan fails to satisfy the report this lesser value permitted benefit on Form W-2.
requirements of section 409A. Do not include amounts Do not include carryover amounts from prior years in
properly reported on a Form 1099-MISC, corrected Form the permitted benefit.
1099-MISC, Form W-2, or Form W-2c for a prior year.
You may need to calculate a prorated permitted benefit
Also do not include amounts that are considered to be under some circumstances.
subject to a substantial risk of forfeiture for purposes of
section 409A. For more information, see Regulations • If your QSEHRA provides a permitted benefit prorated
sections 1.409A-1, -2, -3, and -6; and Notice 2008-115. by month for employees not eligible for the full year, report
the prorated permitted benefit. For example, a QSEHRA
The amount reported in box 12 using code Z is also provides a permitted benefit of $3,000 prorated by the
reported in box 1 and is subject to an additional tax number of months the employee is eligible. If an employee
reported on the employee's Form 1040 or 1040-SR. See becomes eligible on May 1, the employee’s permitted
Nonqualified deferred compensation plans under Special benefit is $2,000 ($3,000 x 8/12) for the calendar year.
Reporting Situations for Form W-2. The employer reports the permitted benefit of $2,000 for
For information regarding correcting section 409A that employee in box 12 using code FF.
errors and related reporting, see Notice 2008-113, Notice • If your QSEHRA is not based on a calendar year,
2010-6, and Notice 2010-80. prorate the permitted benefit for each part of the
Code AA—Designated Roth contributions under a QSEHRA’s plan year that falls within the calendar year.
section 401(k) plan. Use this code to report designated Report the sum of the prorated permitted benefits for the
Roth contributions under a section 401(k) plan. Do not two portions of the calendar year. For example, a
use this code to report elective deferrals under code D. non-calendar year QSEHRA has a plan year that begins
See Designated Roth contributions. on April 1 and ends on March 31 of the following year.
Code BB—Designated Roth contributions under a From April 1, 2022, through March 31, 2023, the QSEHRA
section 403(b) plan. Use this code to report designated provides a permitted benefit of $2,000. From April 1,
Roth contributions under a section 403(b) plan. Do not 2023, through March 31, 2024, the QSEHRA provides a
use this code to report elective deferrals under code E. permitted benefit of $3,000. The employer reports a
See Designated Roth contributions. permitted benefit of $2,750 (($2,000 x 3/12) + ($3,000 x
Code DD—Cost of employer-sponsored health 9/12)) for calendar year 2023.
coverage. Use this code to report the cost of You may also have to follow special reporting rules for
employer-sponsored health coverage. The amount certain taxable reimbursements.
reported with code DD is not taxable. Additional • If an employee who failed to have MEC for one or more
reporting guidance, including information about the months during the year mistakenly received
transitional reporting rules that apply, is available on reimbursements for expenses incurred in one of those
IRS.gov at Affordable Care Act (ACA) Tax Provisions. months, those reimbursements are taxable to the
Code EE—Designated Roth contributions under a employee. Report the taxable reimbursement as other
governmental section 457(b) plan. Use this code to compensation in box 1, but not in boxes 3 or 5. The
report designated Roth contributions under a taxable reimbursements are not wages for income, social
governmental section 457(b) plan. Do not use this code to security, or Medicare tax, so do not withhold these taxes.
report elective deferrals under code G. See Designated Report the permitted benefit that you would have reported
Roth contributions. for the employee as though there was no failure to have
Code FF—Permitted benefits under a qualified MEC. If you discover the lapse in MEC after filing with the
small employer health reimbursement arrangement. SSA, furnish the employee a correction on Form W-2c
Use this code to report the total amount of permitted and file the Form W-2c with the SSA.
benefits under a QSEHRA. The maximum reimbursement • If your QSEHRA provides for taxable reimbursements
for an eligible employee under a QSEHRA for 2023 is of either (a) over-the-counter drugs bought without a
$5,850 ($11,800 if it also provides reimbursements for prescription, or (b) premiums paid on a pre-tax basis for
family members). coverage under a group health plan sponsored by the
Report the amount of payments and reimbursements employer of the employee’s spouse, include the amount
the employee is entitled to receive under the QSEHRA for of the taxable reimbursements in boxes 1, 3, and 5 and
the calendar year, not the amount the employee actually treat as wages for purposes of income, social security,
receives. For example, a QSEHRA provides a permitted and Medicare taxes. Report the permitted benefit the
benefit of $3,000. If the employee receives employee is entitled to receive under the QSEHRA for the
reimbursements of $2,000, report a permitted benefit of calendar year in box 12 using code FF. Although a part of
$3,000 in box 12 with code FF. the permitted benefit is a taxable reimbursement, that
does not change the amount you report in box 12 with
If your QSEHRA provides benefits that vary based on code FF.
the number of family members covered under the
arrangement or their ages and an eligible employee For more details on reporting the total amount of
receives no payments or reimbursements and provides no QSEHRA permitted benefits, see Notice 2017-67, Q and
proof of minimum essential coverage (MEC), report the A 57 through 63, 2017-47 I.R.B. 517 at IRS.gov/irb/
highest value permitted benefits that the QSEHRA 2017-47_IRB#NOT-2017-67.
provides. If the employee later provides proof of MEC Code GG—Income from qualified equity grants
under section 83(i). Report the amount includible in

General Instructions for Forms W-2 and W-3 (2023) -21-