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FAQ - Form 851

What is the purpose of Form 851?
What is the purpose of Form 8344? When an election-related gift from eligible employee property has been made under an election (see Publication 15-A, Employer's Tax Guide for Small Business, for a complete discussion) and is treated as such under Section 170(b) of the Code, a participant's account balance can be determined using Forms 1099-R and 891-T. The participant's account balance must be reported on the participant's Form 1099-R or Schedule C (Form 1099-R and Schedule C are part of Schedule C), with all required information (i.e., the participant's share of the distributive share of any distributions of the participant's share, the participant's share of any additional amounts such as distributions of property (but not income or capital gains), any expenses, and any changes in the participant's share thereof), or on Form 8344, with any required information (i.e., the participant's share of distributions of the participant's share, the required participation ratio). This allows you to compare participant's account balances using the same method used to determine other contributions from employer-employee property (e.g., Form 1099-R). A participant's account balance may also be treated as such under Section 280E of the Code, so long as the participant is treated as an employee of the employer. If it is not, the participant may be subject to additional withholding requirements under Section 6051 of the Code. How do you determine whether a participant is being treated as an employee? If you are providing employer-sponsored insurance, you must establish whether the participant's account balance is an account balance treated as an account balance of the employer under section 170(b) of the Code. Whether an account balance is treated as an account balance of the employer may be determined on an IRS Form W-2G (and similar Form W-2A, if applicable). In addition, you must determine whether the participant is being treated as an employee under the Code by determining whether the employee-provided coverage is covered by a qualified employer- sponsored insurance policy or by a tax-exempt employee welfare benefit plan. See Notice 2008-20. An employee of the employer must receive some type of compensation for the employer-provided tax-exempt employee welfare benefit plan, so whether the employment is for compensation is one type of employee-related question you must address specifically on this Form W-2G.
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