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The Hidden Payroll Tax Your Company Is Still Overpaying
A provision of the tax code that has been federal law since 1969 — used by Aflac for 70 years — is reducing payroll tax expense for the employers who know about it. Most don't.
If you operate a company with 500 employees, there is a reasonable chance you are writing a check to the federal government every two weeks that you don't have to write. Not because of aggressive tax planning. Not because of anything complicated. Because of a provision of the Internal Revenue Code in place since 1969 — one that the largest employee benefits companies in America have used for decades — that most companies have never been introduced to.
Under Section 125 of the Internal Revenue Code — the same provision governing every pre-tax health insurance premium and every FSA — when an employee's compensation includes a qualifying pre-tax fixed indemnity benefit, the employer's FICA obligation on that portion of compensation is eliminated. This isn't a loophole. It is the explicit design of the law. The logic is straightforward: pre-tax benefits reduce taxable compensation, which reduces the FICA calculation base for both employer and employee simultaneously.
| WORKFORCE SIZE |
ESTIMATED ANNUAL EMPLOYER SAVINGS |
| 250 employees |
$150,000 – $225,000 |
| 500 employees |
$300,000 – $450,000 |
| 1,000 employees |
$600,000 – $900,000 |
| 2,500 employees |
$1.5M – $2.25M |
| 5,000 employees |
$3.0M – $4.5M |
Based on $600–$900 per enrolled W-2 employee. Actual savings calculated from census — 48-hour turnaround.
The critical distinction worth understanding before any implementation conversation: the plans that hold up to scrutiny are fully insured by licensed carriers — not self-funded arrangements or captive structures. The IRS has drawn this line explicitly in its own published guidance, and the employer exposure profiles of the two structures are categorically different. Any plan worth evaluating will have independent legal opinions available for your general counsel and will name its underwriting carriers specifically.
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FROM THE EXETER DESK
The framework has been federal law since 1969. The savings are real and recurring. If this is the first time you're hearing about it, that's a question worth bringing to your current advisor. If you'd like us to point you toward a qualified implementation partner, reply to this email.
hello@exeteranalytics.com →
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