08/27/2026
An S corp owner’s spouse who works full time for the business still can’t run benefits through the cafeteria plan pre-tax. Neither can their kids, parents, or grandparents.
Under IRS family attribution rules, family members of a more-than-2 percent S corp shareholder are treated as owners for Section 125 purposes, even when they’re legitimate common-law employees.
That means no pre-tax participation. They can still enroll in coverage, but contributions have to be post-tax. Get this wrong and it can jeopardize the plan’s tax-favored status for everyone.
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