There's no universal benefits package for modern businesses. The ideal mix of tax-efficient fringe benefits varies based on factors like company size and employee demographics. One option to explore, if you haven't yet, is an adoption assistance program.
Purpose and covered expenses
The purpose of adoption assistance programs is to provide participants with payments or reimbursements for qualified adoption expenses. Under the Internal Revenue Code, such programs must adhere to formal, written plan documents that specify the terms under which payments or reimbursements will be provided.
Adoption assistance programs are generally funded by employers. Because of the relatively limited number of potential participants, they’re often offered as a menu item in cafeteria plans.
To qualify for favorable tax treatment, program benefits must be provided, as mentioned, under a written plan document. In addition, all eligible employees must be notified about the program’s existence — even if they’re unlikely to be interested in participating. Businesses can’t set up programs to discriminate in favor of owners, officers, or highly paid employees.
Qualified adoption expenses must be “reasonable and necessary” and meet other requirements. Some expenses typically covered under an adoption assistance program include:
- Adoption agency fees,
- Court costs,
- Attorneys’ fees,
- Travel costs (including meals and lodging), and
- Additional expenses incurred to adopt a foreign child.
Programs may set annual or lifetime limits on the dollar amount of benefits that participants can receive.
Tax and nontax advantages
Normally, taxpayers can claim a credit for qualified adoption expenses on their federal tax returns, up to a stated annual limit. Although the credit isn’t available for payments or reimbursements received through an employer’s adoption assistance program, qualified adoption expenses reimbursed through an eligible program are tax-free to employees up to the program’s stated limit.
Let’s back up. Under the Internal Revenue Code, an employee can exclude from tax up to a maximum of $16,810 in eligible adoption expenses in 2024. This amount is exempt from income tax withholding and “FICA” tax (payroll tax under the Federal Insurance Contributions Act). In 2024, the FICA tax is 6.2% on the first $168,600 of wages along with a 1.45% Medicare tax. These rates also apply to the employer’s share of FICA tax. (Note: There’s no exclusion for federal unemployment tax under the Federal Unemployment Tax Act, commonly referred to as “FUTA.”)
However, you may establish your annual limits on qualified adoption expense payments or reimbursements under the program (and in the plan document) that are less than the federal maximum exclusion amount — for instance, $5,000 or $10,000. If you choose this option, a portion of the benefits that participants receive may be subject to taxes. Also, you’re responsible for reporting payment or reimbursement amounts to participating employees on their Forms W-2, “Wage and Tax Statement.”
Bear in mind that businesses can’t claim a tax credit for paying or reimbursing adoption expenses. However, as with other fringe benefits, companies generally can deduct expenses incurred to launch and administer the program.
There are also nontax advantages to adoption assistance programs. Many companies add them to their cafeteria plan menu to help attract a wider array of job candidates. Programs that make adoption more affordable can also increase staff loyalty and enhance your employer brand as a family-friendly business that respects work-life balance.
One option among many
An adoption assistance program is just one of many fringe benefit options. If it aligns with your employees' needs and could attract top talent in your industry, it’s worth exploring further. An Axley & Rode advisor can assist you in evaluating the costs, benefits, risks, and tax implications of any fringe benefit you’re considering.
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