2. Who can participate or sponsor a Section-125 Plan?
Any employer can offer a Section 125 to their employees regardless of size. No company is too small or large to reap the tax saving benefits that a Section 125 makes available. The employees of corporations (Subchapter S or Subchapter C), partnerships, non-profit organizations, government entities, limited liability corporations (LLC), limited partnerships (LLP) and sole proprietorships are all eligible to participate in a Section 125.
Participants of the plan must be employees of the plan sponsor. There are some circumstances where individuals cannot participate in a Section 125. Please see the list below:
- Self-employed individuals (but they can sponsor a plan)
- Partners in a partnership (but the partnership can sponsor a plan)
- A more than 2% shareholder in a "Subchapter S" corporation
- An owner of a "Subchapter C" corporation can participate in the plan but is limited to only elect 25% of the total "pre-tax" contributions in the plan.