IRS Reminds Plans of Benefit Gray Areas

Every year, the IRS clarifies areas of the law in which it will not provide guidance. For 2012, Revenue Procedure 2012-03 provides a good reminder of a few gray areas for health and welfare benefits.

Specifically, the Revenue Procedure identified 79 areas in which the IRS will not issue rulings or determination letters “because of the inherently factual nature of the problems involved, or for other reasons.” Four areas are of particular interest.

First, the IRS will not define gross misconduct as it relates to COBRA. Recall that a termination of employment involving gross misconduct is not a qualifying event. In the past, courts have differed on how to define this term. This will continue. Because gross misconduct is so murky, the usual recommendation is to offer COBRA to avoid daily penalties, excise taxes and self-insuring claims.

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