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I manage a company with 9 full time employees. Our owner came to me today asking that I find out how to set up a scholarship fund to pay for his daughter's private school expenses. He wants to reduce
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Scholarship Fund
posted at 2/8/2011 10:17 AM EST
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Posts: 1
First: 2/8/2011
Last: 2/8/2011
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I manage a company with 9 full time employees. Our owner came to me today asking that I find out how to set up a scholarship fund to pay for his daughter's private school expenses. He wants to reduce his pay by the amount of the scholarship so the company is not truly paying for this but he is. I cannot find a legal way to make this happen as it wouldn't truly be an IRS qualified scholarship fund since only his child would be eligible. Does anyone have any suggestions or alternatives to his request? His main goal is to reduce his taxable income as well as a long term garnishment that is being taken out. Thank you in advance for any input.
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Scholarship Fund
posted at 2/9/2011 7:50 AM EST
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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I agree with you that there is no way to do this legally under the IRC. If it were an accountable tuition plan for the employee themselves, you have a little leeway....but not for the employee's child.
Here's just one note I found....
The employer and the
Commission agree to adhere
to Section 117(b) of the
Internal Revenue Code and
regulation, and must
document that employees
are NOT BEING COMPENSATED FOR EMPLOYMENT WITH SUCH A SCHOLARHSIP, nor being
provided an employment
incentive. The scholarship
should be for exclusively
public purposes; its primary
purpose is to educate
recipients in their individual
capacities.
An Employee-sponsored
scholarship administered by
the Commission must meet
the IRS guidelines for
employee-related programs
listed below.
Percentage Test
An Internal Revenue Service
percentage test is used by
the Commission to ensure
compliance to rules and
regulations regarding
employer-related
scholarship programs.
⢠Number of awards
may not exceed 10% of
the number of employees
who were eligible, were
applicants for the
scholarship and were
considered by the selection
committee.
⢠Number of awards
may not exceed 25% of
the number of employeesâ
dependents who were
applicants for the
scholarship and were
considered by the selection
committee; or
⢠Number of awards
may not exceed 10% of
the number of employeesâ
dependents who could
apply (this figure should
include dependents that do
not apply).
But since he is the owner -- not sure if he is 100% owner or whether there is a board or someone else he has to work with -- he could possibly hire the child (depending on your state's employment, tax and child labor laws) and pay that child directly by lowering his own salary to do so. But that income would be taxable to the child and ultimately to him. So it would not save him much in taxes.... But it could lower his own salary and hence the garnishment.
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