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PDF Editor FAQ

What happens if I spend money from a medical flexible spending account (FSA) erroneously renewed for me by a former employer? Would I legally have to pay it back or would my former employer eat the costs once the error is discovered?

It depends on the specifics and what you mean by "renewed." For example, if the FSA was a salary-reduction FSA but you hadn't made a salary-reduction election for the year, did the employer improperly take the money from your salary, or did the employer provide the funds without reducing your salary?You generally wouldn't have to pay anything back. In fact, there usually wouldn't be anything to pay back. But it may not have come out of the employer's pocket, either. Say the employer had incorrectly reduced your salary; if nothing is done to correct that, there is no cost borne by the employer (in fact, the employer even saves a few bucks on employment taxes that it didn't have to pay, and saves a lot more if you don't use your entire benefit for the year).If there was no salary-reduction, then any mistaken benefit would have had to come out of the employer's pocket, but the benefit in that situation is limited to $500, so the exposure isn't all that much in the first place, and if your particular plan does not provide for non-salary-reduction benefits, those erroneous benefits are going to cause a number of other issues, and depending on the facts, it could end up being in everyone's best interest (including yours) if you did pay them back.Bottom line is there is no one answer, and it will depend on the specific facts of each situation.

With parts of FSA being "use it or lose it", does "lose it" mean your employer keeps that income, or do they return it to you at its correctly taxed amount?

The whole idea behind a FSA, and the reason that it "works" from a tax point of view, is that you are not being reimbursed with "your" money — you are being reimbursed by your employer out of its pocket. Sure, some of the potential reimbursement has been taken out of your salary, but you elected to reduce your salary in exchange for coverage under this tax-free health reimbursement arrangement (yes, a FSA is a type of HRA). You received that coverage (which was tax-free); if you didn't incur a reimbursable expense, that doesn't mean that you didn't get exactly what you were supposed to get.In the meantime, by reducing your salary by the amount of your election, that amount never left the employer's pocket — it's been his money all along, and if it's not used for reimbursements it remains his money. The employer isn't keeping your "income" or anything like that, and there's nothing to "return" to you. The employer is simply keeping its money.The "use it or lose it" doesn't refer to losing your salary reduction — that's "lost" as soon as you elect to reduce your salary to participate in the FSA. The "use it or lose it" refers to your right to be reimbursed for expenses. Any remaining entitlement at the end of the relevant period is lost.

Why is Box 1 on my W2 less than my salary?

The most likely reason is that you have amounts deducted from your "salary" on a "pretax" basis, such as 401(k) salary-reduction contributions. (That's how you avoid having to pay tax on those contributions; there is no deduction like there is for, say, an IRA contribution.) There are also other similar items, such as "pretax" health premiums, FSA contributions, etc.On the other hand, there could also be fringe benefits that are taxable, and that are added to box 1. A previous answer mentioned the value of group term life insurance coverage in excess of $50,000. It would also include premiums for any other type of life insurance, some expense reimbursements by your employer, cashouts of leave, and various other types of taxable benefits that your employer may provide to you.

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