Working Families Tax Relief Act of 2004

In October, President Bush signed the Working Families Tax Relief Act of 2004 (WFTRA). The new law changes the definition of dependent by providing a uniform definition of “child” for several tax purposes, including pre-tax contributions to health plans and flexible spending accounts. The new law becomes effective January 1, 2005.

For more information see the EBS/Atlanta Newsletter, November 2004. HR professionals are questioning what to do, since many have already completed their open enrollment periods. The major issue affecting spending accounts is in the area of Dependent Care for the purpose of Elder Care. If the Elder Care individual will receive a pension over $3,100, the person would not be a “qualifying relative” according to the new law. Employers will have to determine which employees are using Dependent Care Spending Accounts for Elder Care and advise them of the new changes. If the employer has already had their open enrollment period, employees affected by the new law should have the opportunity to undo those elections.

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