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Damned if you do, damned if you don't.

If it is not taxed, it's a health reimbursement arrangement that likely runs afoul of the nondiscrimination rules and ACA requirement that there be no annual limits beginning in 2014.

If it is taxed, it may increase the regular rate of pay for FLSA purposes.

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Q: If an Employer pays an insurance stipend is it taxable?
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