Robert D. Booth and Janice Booth, et al. - Page 62

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          Subpart D limits an employer's deduction for contributions to a             
          welfare benefit plan.  The Congress enacted subpart D because it            
          was concerned with the law under which employers received current           
          deductions for contributions to welfare benefit plans, while the            
          benefiting employees excluded these amounts from their current              
          income.  As stated by the House Ways and Means Committee, in                
          proposing a change to the prior law,                                        
                    The committee has concluded that the favorable tax                
               treatment of employer contributions to welfare benefit                 
               plans, as compared with employer payments of wages and                 
               salary, is inappropriate in view of the favorable tax                  
               treatment already provided to employees, i.e., the                     
               exclusion of many of these benefits from adjusted gross                
               income.  In addition, the committee believes that the                  
               current rules under which employers may take deductions                
               for plan contributions far in advance of when the                      
               benefits are paid allows excessive tax-free                            
               accumulation of funds.                                                 
                    The committee's concern has been caused by recent                 
               discussion among tax practitioners as to the tax-                      
               shelter potential of welfare benefit plans.                            
               Commentators have pointed out that the combination of                  
               advance deductions for contributions and the                           
               availability of tax exemption for certain employee                     
               benefit organizations (such as the voluntary employees'                
               beneficiary association or VEBA) provides tax treatment                
               very similar to that provided to qualified pension                     
               plans, but with far fewer restrictions. * * *                          
                    In one article on the use of employee benefit                     
               plans as a tax shelter, an example is given of how a                   
               small professional corporation may utilize the tax                     
               benefits of a severance pay plan funded by a VEBA.  In                 
               this example, the employees of the corporation are two                 
               doctors, ages 50 and 55, with annual salaries of                       
               $150,000 and $200,000, respectively, and three other                   
               workers, ages 20 to 36, with annual salaries of $10,000                
               to $18,000.  The example indicates that the corporation                
               could make tax deductible annual contributions to a                    
               tax-exempt VEBA of more than $55,000 annually under                    
               terms that would make it unlikely that the three lower-                




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