S Corporation Fringe Benefits
One of the most mis-understood parts of the tax code is how to handle fringe benefits when you are a shareholder of a S corporation. Here's a quick primer on life insurance, retirement plans and health insurance:
In general, a business may provide certain tax-free fringe benefits to its employees. One such benefit is group term life insurance up to $50,000, but there are special rules regarding fringe benefits that apply to S corporation 2% shareholder-employees. Generally, a 2% shareholder is a shareholder who owns more than 2% of the S corporation’s stock on any day during the tax year.
(Under §1372 and Rev. Rul. 91-26, for fringe benefit purposes, an S corporation 2% shareholder who is also an employee of the corporation is treated the same way as a partner in a partnership.)