State Rules for Tax-Saving Benefits
Why State Rules Matter
State rules for Section 125 Plans can impact your business in several ways. While the IRS sets national guidelines, states have the authority to impose their own restrictions or expand upon federal benefits. For example, some states may:
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Offer additional benefits to employees
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Have different tax treatment for certain benefits
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Require extra reporting or documentation
By understanding these state-specific rules, you can avoid costly mistakes and ensure your tax-saving benefits are properly implemented.

State-Specific Tax Benefits
Each state has its own approach to how Section 125 benefits are treated. Some states provide extra benefits or more generous tax savings, while others may limit what you can offer.
Here’s a quick overview of what varies by state:
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State taxes: Some states tax benefits differently, which can affect how much employees save.
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Dependent care: Some states allow more generous deductions for dependent care than the federal government.
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Commuter benefits: Certain states provide tax credits for transportation or parking benefits, which can lower both employer and employee costs.
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Health savings: States like California have special rules for Health Savings Accounts (HSAs).
How State Rules Affect Section 125 Plans
State rules can change how you set up and administer your Section 125 Plan. The way benefits are taxed and the amount of savings employees can access can differ from state to state. In some cases, the state tax burden on benefits may reduce the total savings employees receive.
State rules can affect:
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Tax treatment of benefits
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Payroll deductions
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Eligibility for certain benefits
By understanding these differences, you ensure that your employees get the full benefit of their tax savings.
State Tax Treatment of Benefits
Not all states follow the federal tax code exactly. Some states will allow you to take advantage of pre-tax benefits like healthcare premiums, dependent care, and transportation costs, but others may have different rules. For example:
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California and New Jersey don’t allow the same pre-tax deductions for some benefits as the IRS.
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Texas and Florida don’t have a state income tax, meaning they have different rules on benefits.
It’s important to understand how your state treats pre-tax benefits so you can help your employees save the most money.
Additional State-Specific Benefits
Some states offer additional tax-saving benefits that can further reduce costs for employees. Here are examples of state-specific perks:
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Massachusetts offers tax-free health insurance premiums.
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New York allows employees to exclude certain fringe benefits from state taxes, including commuter benefits.
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Washington, DC offers pre-tax commuter benefits in addition to federal benefits.
These added perks can make your Section 125 Plan even more valuable to your employees.
Disclaimer: Section 125 Solutions LLC does not provide legal or tax advice. We act as a referral partner to third-party administrators who are fully qualified to implement and manage compliant Section 125 Plans.
How to Stay Compliant with State Rules
Ensuring compliance with state rules means taking a few key steps during the setup and ongoing management of your Section 125 Plan. These include:
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Consulting with experts who are familiar with your state’s laws.
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Working with a trusted provider who can help you customize your Section 125 Plan based on state requirements.
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Staying updated on state laws to make sure your plan remains compliant year after year.
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Filing the right forms and keeping the necessary records for both federal and state taxes.
By keeping these steps in mind, you’ll ensure your Section 125 Plan runs smoothly and benefits both your business and employees.
Calculate Your Savings Now!
Use our free calculator to:
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Estimate your business’s potential payroll tax savings.
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See how much employees can save with pre-tax benefits.
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Understand how quickly the plan pays for itself.
📣 Disclaimer: Calculations provided are for informational purposes only and do not guarantee specific savings. Actual savings will vary based on individual circumstances.
Book Your Consultation
Explore how Section 125 plans could save your business over $1,000 per W-2 employee each year. Book a free consultation to see how much you could be losing by not having one.
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