Section 125 Plan Florida Small Business — Pre-Tax Health Insurance
Updated May 2026 · Florida Plan Finder — Licensed Florida Health Insurance Producer (NPN #21249133)
Key Takeaways
- A Section 125 cafeteria plan lets employees pay their share of health insurance premiums with pre-tax dollars — saving them income tax and FICA.
- The employer saves 7.65% FICA on every dollar employees contribute pre-tax — a direct bottom-line benefit.
- A written plan document is required before the plan year begins — informal arrangements don't qualify.
- More-than-2% S-corp shareholders cannot participate — only W-2 employees benefit.
- In 2026, the Health FSA contribution limit is $3,300 per employee.
One of the simplest ways a Florida small business can reduce payroll taxes while simultaneously increasing the value of employee health benefits costs almost nothing to set up: the Section 125 cafeteria plan. Under IRC Section 125, employees can choose to receive certain fringe benefits — most commonly pre-tax health insurance premium contributions — instead of taxable wages. The result is lower taxable income for the employee, lower FICA costs for the employer, and no change to the actual health coverage.
What Is a Section 125 Cafeteria Plan?
The "cafeteria" metaphor refers to the ability for employees to choose from a menu of benefits. In practice, most small business Section 125 plans offer a simple premium-only plan (POP) — the most common and easiest to administer — where employees elect to pay their portion of health insurance premiums on a pre-tax basis.
More comprehensive cafeteria plans can also include:
- Health Flexible Spending Accounts (Health FSA)
- Dependent Care Flexible Spending Accounts (DCFSA)
- Dental and vision premium contributions
- Supplemental insurance premium contributions
- Accident and cancer insurance premium contributions
The simplest version — the premium-only plan — is what most Florida small businesses set up first. It requires minimal administration and delivers immediate tax savings.
How the Tax Savings Work
Without a Section 125 plan: An employee earns $4,000/month gross. They pay $350/month toward their health insurance premium through payroll. That $350 comes out of already-taxed wages — the employee pays income tax and FICA on it before contributing. The employer also pays 7.65% FICA on the full $4,000.
With a Section 125 plan: The same employee elects to contribute $350/month through the cafeteria plan. Their taxable wages drop to $3,650. They pay no income tax and no FICA on the $350. The employer pays 7.65% FICA on $3,650 instead of $4,000 — saving $26.78/month per employee. At 10 employees over 12 months: $3,213 in annual FICA savings for the employer.
| Without Section 125 | With Section 125 | Employee Savings |
| Gross wages (monthly) | $4,000 | $4,000 | — |
| Pre-tax premium contribution | $0 | $350 | — |
| Taxable wages | $4,000 | $3,650 | — |
| Employee FICA (7.65%) | $306 | $279.23 | $26.77/mo |
| Federal income tax (22%) | $880 | $803 | $77/mo |
| Employee total monthly savings | — | — | ~$104/mo |
| Employer FICA saved per employee | — | — | $26.78/mo |
The Written Plan Document Requirement
IRS regulations under Treas. Reg. §1.125-1 require a written cafeteria plan document that exists before the plan year begins. The document must include:
- The plan year (typically calendar year or fiscal year)
- Eligible employees and waiting period rules
- The benefits available under the plan
- Maximum and minimum benefit elections
- Election change rules (when employees can change elections mid-year)
- The plan administrator's name and address
- COBRA continuation rules (for health FSA)
An oral agreement or informal payroll deduction does not qualify. Many third-party administrators (TPAs) provide Section 125 plan documents for $200-$500 as a one-time setup cost. Annual administration fees vary but are typically $300-$800 for small businesses. The FICA savings alone usually pay for administration in the first quarter.
Important: If you are informally deducting employee health insurance premiums from paychecks without a written Section 125 plan document, those deductions are post-tax — the employees and employer are paying FICA unnecessarily. Retroactive cafeteria plan amendments are not allowed; you must have the document in place before elections are made.
2026 Benefit Limits Under Section 125
| Benefit | 2026 Limit | Authority |
| Health FSA employee contribution | $3,300 | IRS Notice 2025-40 |
| Health FSA rollover (unused balance) | $640 | IRS Notice 2025-40 |
| Dependent Care FSA (household) | $5,000 ($2,500 MFS) | IRC §129 |
| Premium-only plan (POP) health premiums | No annual limit | IRC §125 |
| Dental/vision premiums (pre-tax) | No annual limit | IRC §125 |
Who Can and Cannot Participate
Eligible participants in a Section 125 plan include W-2 employees. The following cannot participate in a Section 125 plan:
- Sole proprietors — not employees of their own business
- Partners in a partnership — treated as self-employed
- More-than-2% S-corp shareholders — treated as partners under IRC §1372
- C-corp shareholders owning more than 5% — treated as highly compensated if plan discriminates
The exclusion of S-corp owners is a common pain point. An S-corp with 5 non-owner employees can set up a Section 125 plan for those employees and save FICA, but the 2%+ shareholder-owner must handle their health insurance through the W-2 Box 1 / Schedule 1 process instead. See our S-corp health insurance deduction guide for that process.
Non-Discrimination Testing
A Section 125 plan must pass IRS non-discrimination tests to maintain its tax-advantaged status. Specifically:
- Eligibility test: The plan must not discriminate in favor of highly compensated employees (HCEs, those earning over $135,000 in 2026) in terms of eligibility
- Contributions and benefits test: Benefits must not favor HCEs
- 25% concentration test (FSA only): No more than 25% of FSA benefits can go to officers, shareholders, or HCEs
For most small Florida businesses with relatively equal premium contributions for all employees, these tests are easily passed. A TPA or benefits administrator should run the tests annually.
Adding an HSA to Your Section 125 Plan
A Section 125 plan pairs extremely well with an HSA if your health plan is an HDHP. Employees can fund their HSA through pre-tax payroll deductions under the Section 125 plan, maximizing the tax benefit. In 2026, employees can contribute up to $4,400 (individual) or $8,750 (family) to an HSA — all pre-tax when routed through Section 125.
The combination of an HDHP + Section 125 + HSA creates the most tax-efficient health benefit structure available to a Florida small business with employees. See our HSA Florida small business tax strategy guide for full details.
For the broader context of small business health insurance tax write-offs, see our Florida small business health insurance tax deduction guide. For a full overview of small business health insurance options, see our Florida small business health insurance guide.
Want to set up a Section 125 plan for your Florida business? Our licensed advisors help small businesses find coverage and benefits structures that maximize tax savings.
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Frequently Asked Questions
What is a Section 125 plan and how does it work for a Florida small business?
A Section 125 cafeteria plan allows employees to choose between taxable wages and certain non-taxable benefits — most commonly pre-tax health insurance premium contributions. When employees elect to pay their share of health insurance premiums through a Section 125 plan, those contributions are deducted before payroll taxes are calculated. The employee saves income tax and FICA on those dollars. The employer saves 7.65% FICA on every dollar run through the plan.
Can a Florida business set up a Section 125 plan without a formal document?
No. IRS regulations require a written cafeteria plan document before the plan year begins. The document must specify eligible employees, the benefits offered, election procedures, and the plan year. An oral arrangement or informal payroll deduction does not qualify as a Section 125 plan. Without a written plan document, the pre-tax treatment is not valid and employees could be assessed back taxes and penalties.
Can S-corp owners participate in a Section 125 plan in Florida?
No. More-than-2% S-corp shareholders cannot participate in a Section 125 cafeteria plan as employees. Their health insurance premiums are handled differently — through the W-2 Box 1 inclusion and Schedule 1 deduction process under IRS Notice 2008-1. Non-owner W-2 employees of the S-corp can participate in the Section 125 plan fully.
What is the 2026 FSA contribution limit for a Section 125 plan?
For plan years beginning in 2026, employees can contribute up to $3,300 to a Health Flexible Spending Account (FSA) through a Section 125 plan. The dependent care FSA limit remains $5,000 per household ($2,500 if married filing separately). Employers may also contribute to FSAs, and there is a rollover provision of up to $640 for unused FSA balances.
How much does a Florida small business save with a Section 125 plan?
The employer saves 7.65% FICA on each dollar employees contribute pre-tax. For example, if 10 employees each contribute $350/month ($4,200/year each) through a Section 125 plan, the employer's annual FICA savings = $42,000 × 7.65% = $3,213. The savings typically far exceed the cost of plan administration ($300-$800/year for most small businesses). Employees also save on their own income and FICA taxes.
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— Licensed Florida Health Insurance Producer (NPN #21249133)
This resource is maintained by a licensed Florida health insurance producer. We help Florida small businesses find health coverage and tax-advantaged benefit arrangements. Views expressed are informational and not legal or financial advice. Consult a CPA or benefits attorney for plan-specific guidance.