Section 105(b) and a health reimbursement arrangement (HRA) are not competing benefit plans. Section 105(b) is a federal tax exclusion for qualifying employer-paid medical-care reimbursements. An HRA is an employer-funded benefit arrangement that may receive that tax treatment when it meets the applicable rules.
For an employer, the practical question is therefore not “Which one should we choose?” It is “Which HRA structure are we using, what expenses can it reimburse, and does each payment satisfy Section 105(b) and the other rules that apply to that structure?”
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The core difference: a tax rule versus a benefit arrangement
Section 105(b) describes the tax result for a qualifying payment. It excludes from an employee’s gross income amounts paid by an employer’s accident or health plan to reimburse expenses for medical care. The rule does not create a plan, set an annual allowance, define employee classes, or establish a claims process.
An HRA is the plan or arrangement that an employer establishes and funds. Its document sets the eligible employees, reimbursable expenses, contribution method, carryover terms, substantiation procedure, and any annual limit allowed by the applicable HRA category. The HRA may use Section 105(b) for tax treatment, but it must also satisfy the requirements that apply to that HRA type.
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The Internal Revenue Service explains the conventional tax-favored HRA model in Notice 2002-45: the arrangement is paid solely by the employer, is not funded through employee salary reduction, and reimburses Section 213(d) medical expenses up to an arrangement limit. Revenue Ruling 2005-24 makes the boundary clear: “Section 105(b) does not apply to amounts that the taxpayer would be entitled to receive irrespective of whether or not the taxpayer incurs expenses for medical care.”
How Section 105(b) determines whether a payment is tax-free
The reimbursement must be for medical care
A payment qualifies only when it reimburses an expense that falls within the federal definition of medical care and the plan’s terms. A plan cannot label a general wellness stipend, bonus, or unrestricted allowance as a Section 105(b) reimbursement and make it tax-free merely by using HRA terminology.
The employee normally must incur an eligible expense and provide reasonable substantiation before the plan pays it. The claim record should identify the expense, amount, date, and person receiving care, while protecting sensitive medical information. The plan document and administrator’s procedures determine the exact forms of proof required.
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There cannot be an unconditional cash entitlement
If an employee receives the same amount regardless of whether medical expenses were incurred, the payment is outside the Section 105(b) exclusion. For example, an employer cannot promise a $300 monthly payment that the employee may take as cash, then call the payment tax-free simply because the employee could have used it for health costs. Any amount that is not tied to substantiated eligible care generally requires separate tax analysis and may be taxable wages.
Employer funding is central to the conventional HRA model
Under the model described in IRS Notice 2002-45, the employer funds the HRA. Employees do not elect to divert salary into that arrangement through a cafeteria plan. This distinction matters because salary-reduction funding can change the tax and plan-law analysis.
How an HRA works in practice
An HRA is usually documented as a group health plan with a defined employer contribution and a claims process. The employer decides which eligible medical expenses the plan will reimburse, subject to the legal rules for the chosen HRA category. The arrangement may reimburse deductibles, copayments, coinsurance, other qualified out-of-pocket costs, insurance premiums, or a combination, but no single description applies to every HRA.
A typical process looks like this:
- Adopt the plan terms. Specify the HRA type, eligible employee classes, effective date, contribution amount, carryover rules, covered dependents, and reimbursable expenses.
- Fund the arrangement. Employer contributions are made under the plan rather than through employee salary reduction in the conventional HRA model.
- Collect substantiation. The employee submits an explanation of benefits, invoice, premium statement, or other acceptable evidence that an eligible expense was incurred.
- Review eligibility. The administrator confirms that the expense, person, date, and amount satisfy the plan and applicable law.
- Reimburse the claim. Payment is made only for the substantiated eligible amount, up to the available balance and any statutory or plan limit.
- Maintain records and notices. The employer keeps plan, claim, notice, and reporting records required for the HRA category.
An HRA balance is not automatically taxable compensation merely because it is available. The tax result depends on the arrangement’s design, the expense, substantiation, and compliance with the relevant rules.
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Section 105(b) and HRA compared
| Issue | Section 105(b) | HRA |
|---|---|---|
| What it is | A federal tax exclusion for qualifying employer health-plan reimbursements | An employer health-benefit arrangement with plan terms and a claims process |
| Main question | Does the payment reimburse eligible medical care and satisfy the exclusion? | Which HRA type is offered, who is eligible, what expenses are covered, and which other rules apply? |
| Funding | Does not itself fund a benefit | Traditional tax-favored HRA funding is solely from the employer; it is not employee salary-reduction funding under the model in Notice 2002-45 |
| Reimbursement boundary | Actual qualifying medical-care expense; no unconditional cash right | Plan terms define eligible expenses within applicable law, and claims should be substantiated |
| Additional requirements | Tax-exclusion conditions | Potential ACA market reforms, integration rules, eligibility classes, notices, limits, reporting, and recordkeeping |
| Who chooses the design? | Not applicable; it is a tax rule | The employer, subject to the legal requirements for the selected HRA category |
HRA types employers need to distinguish
“HRA” is a family of arrangements. Applying a rule from one category to another can produce the wrong answer, especially for premiums, group coverage, eligibility, and annual limits.
Integrated HRA
An integrated HRA is generally paired with other group health coverage. Its operation must be coordinated with the applicable Affordable Care Act (ACA) market reforms and the terms of the underlying coverage. The exact integration conditions depend on the coverage and arrangement; an employer should not assume that any reimbursement layered on top of a group plan is automatically compliant. The IRS discusses employer ACA obligations at Affordable Care Act Tax Provisions for Employers.
Individual coverage HRA (ICHRA)
An ICHRA can be integrated with individual health insurance coverage or Medicare when its conditions are met. Employees generally must have the required individual coverage or Medicare for the relevant period, and the employer must follow rules concerning employee classes, plan design, affordability, notices, and substantiation. An ICHRA is therefore not a general cash allowance for anyone who wants one; eligibility and coverage conditions are part of the design.
Qualified small employer HRA (QSEHRA)
A QSEHRA is generally intended for an eligible small employer that is not an applicable large employer and does not offer a group health plan. It must be employer-funded and satisfy specific statutory requirements, including notice and benefit limits. Employees typically need qualifying coverage for reimbursements to remain excluded from income, and the arrangement can affect an employee’s premium tax credit.
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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchFor 2026, IRS Publication 15-B lists maximum QSEHRA benefits of $6,450 for self-only expenses and $13,100 for family expenses. These are annual legal maximums for 2026, not recommended contribution levels and not evidence that an employer or employee will save a particular amount. A prorated rule can apply when an employee is covered for only part of a year.
Excepted benefit HRA
An excepted benefit HRA is a limited arrangement that can reimburse certain additional medical costs when the employer makes other group health coverage available and the arrangement satisfies its conditions. The Department of Labor’s ACA Part 72 FAQ cites an annual limit of $2,150 for plan years beginning in 2025. Do not treat $2,150 as a 2026 amount without checking current guidance.
Can an HRA reimburse individual health insurance premiums?
Sometimes, but the answer depends on the HRA category and its conditions. An ICHRA is specifically designed to work with individual health insurance coverage or Medicare when the integration requirements are met. A QSEHRA may reimburse eligible premiums for an employee with qualifying coverage, subject to its statutory rules and annual limit. Other HRAs may have different boundaries.
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There is no universal rule that every HRA can reimburse every individual policy premium. Before promising premium reimbursement, confirm:
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- whether the employee must enroll in individual coverage, Medicare, or other coverage;
- whether the employer offers group health coverage to the same class;
- which premiums and dependents are eligible under the plan;
- how coverage and payment will be substantiated; and
- whether the reimbursement affects an employee’s premium tax credit or other tax reporting.
Can a small employer offer an HRA instead of group health insurance?
An eligible small employer may use a QSEHRA instead of offering a group health plan, provided it satisfies the QSEHRA requirements. The employer must verify its eligibility, use the required employer-funded structure, stay within the annual limits, provide required notices, and administer claims correctly. Offering a different HRA type can involve different coverage and ACA conditions, so the answer cannot be generalized from QSEHRA rules.
Employers should also distinguish a formal HRA from an informal promise to reimburse premiums. A recurring promise to pay employees’ individual-policy premiums without a compliant arrangement can create tax, ACA, and plan-administration problems. The HRA must be documented and operated as the arrangement the employer claims to provide.
ACA treatment is not identical for every HRA
HRAs are generally subject to group health plan market reforms, but the application depends on the arrangement. Integrated HRAs must be coordinated with group coverage. ICHRAs may integrate with individual coverage or Medicare if the required conditions are met. QSEHRAs have distinct statutory treatment, and excepted benefit HRAs operate under their own limited rules.
The IRS’s overview, Health Reimbursement Arrangements (HRAs), and its ACA employer guidance should be read together with the plan’s specific terms. A design that is tax-free under Section 105(b) is not automatically exempt from every ACA, ERISA, notice, or reporting obligation.
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Employer implementation checklist
- Identify the business situation. Record whether the employer offers group coverage, whether it is an applicable large employer, and whether employees need individual coverage or Medicare reimbursement.
- Select the HRA category. Decide whether an integrated HRA, ICHRA, QSEHRA, excepted benefit HRA, or another permitted structure fits the workforce and coverage strategy.
- Define employee classes. Document eligibility using permitted classifications and apply the rules consistently. Avoid designing informal, employee-by-employee exceptions.
- Set the reimbursement scope. List covered medical expenses and premiums, eligible dependents, effective dates, carryovers, and any maximum benefit. Do not promise unrestricted cash.
- Write the plan document. State funding, claims, substantiation, run-out periods, correction procedures, termination rules, and coordination with other coverage.
- Build the substantiation process. Decide which documents prove the expense and coverage, who reviews them, how personal information is protected, and how denied claims are handled.
- Prepare required notices. QSEHRA and ICHRA designs have specific notice obligations; verify timing and content for the applicable year and employee population.
- Check tax and ACA interaction. Review premium tax credit effects, employer reporting, affordability analysis where relevant, and any group-plan market reforms.
- Recheck annual figures. Use the current IRS and Department of Labor guidance. For example, the 2026 QSEHRA limits differ from the 2025 excepted-benefit figure cited by DOL.
- Train administrators and employees. Explain what is reimbursable, what proof is required, deadlines, and why an unused allowance cannot simply be taken as cash.
Common mistakes and how to correct them
Calling a taxable allowance an HRA
Problem: The employer pays a fixed amount each month whether or not the employee incurs medical expenses.
Correction: Tie payments to substantiated eligible expenses under a written arrangement. Amounts that do not qualify should be evaluated as wages or another taxable benefit rather than described as Section 105(b) reimbursements.
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Assuming every HRA reimburses premiums
Problem: The employer copies premium-reimbursement language from an ICHRA or QSEHRA into another plan.
Correction: Start with the HRA category and its integration rules, then list only the premiums and expenses permitted by that design.
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Problem: A prior-year number is carried into a new plan year or the 2025 excepted-benefit figure is presented as a 2026 amount.
Correction: Label every limit by plan year and source. For 2026 QSEHRA limits, consult Publication 15-B; for excepted-benefit limits, check the current DOL FAQ.
Ignoring employee coverage requirements
Problem: The plan reimburses an employee who lacks the coverage required for the HRA type.
Correction: Make coverage verification part of every claim process and explain the requirement before enrollment. A payment can fail the intended tax treatment if the underlying eligibility condition is missing.
Mixing employee classes informally
Problem: Employees receive different HRA terms based on ad hoc decisions rather than documented classes.
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Correction: Define classes in the plan document and test the design against the applicable nondiscrimination, notice, and integration rules before implementation.
Failing to coordinate with tax credits
Problem: An employee assumes an HRA reimbursement can be combined with a premium tax credit without adjustment.
Correction: Explain that QSEHRA and ICHRA benefits can affect premium-tax-credit eligibility or amount. Employees should use the information supplied by the employer and seek individual tax advice for their circumstances.
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| Question | Why it matters | Likely direction |
|---|---|---|
| Do you offer a group health plan? | Some HRA categories are intended to work with group coverage, while QSEHRA generally requires that the employer not offer a group plan | Group coverage points toward an integrated or other compatible design; no group plan may support QSEHRA if all requirements are met |
| Should employees buy individual coverage or use Medicare? | ICHRA integration and substantiation depend on that coverage | Evaluate an ICHRA and its class, notice, affordability, and coverage conditions |
| Is the employer eligible for QSEHRA? | QSEHRA is limited to eligible small employers and has annual maximums | Verify employer status, no-group-plan condition, notice, coverage, and 2026 limits |
| Are only limited additional expenses being reimbursed? | Excepted benefit HRAs have a narrow purpose and annual limit | Check availability of other group coverage and the current plan-year limit |
| Can employees take the allowance as cash? | An unconditional cash right is outside the Section 105(b) reimbursement exclusion | Redesign the benefit around substantiated medical expenses or treat nonqualifying amounts as taxable |
What employees should ask their employer
- What exact HRA type is this?
- Which medical expenses, premiums, dependents, and coverage types are eligible?
- Do I need individual insurance, Medicare, or another form of coverage?
- What documents must I submit, and by what deadline?
- What happens to unused amounts at year-end or when employment ends?
- Will the benefit affect my premium tax credit or other tax filing?
- Where can I obtain the plan document, summary, notice, and claims appeal instructions?
How to keep the tax analysis accurate
Use Section 105(b) as a payment test, not as the name of the benefit. For every reimbursement, ask whether the employee incurred qualifying medical care, whether the plan covers that expense, whether the amount was substantiated, and whether the employee had the coverage required by the HRA type. Then review the separate ACA, notice, reporting, and annual-limit rules that apply to the arrangement.
The official sources are the starting point: IRS Notice 2002-45 for the conventional HRA model, Revenue Ruling 2005-24 for the medical-expense connection, the IRS HRA overview for arrangement categories, ACA employer guidance for related obligations, Publication 15-B (2026) for current QSEHRA limits, and the DOL Part 72 FAQ for excepted-benefit HRA guidance.
Those materials provide general U.S. federal rules, not an individualized legal or tax determination. Employers should have the plan document, HRA category, employee classes, substantiation process, notice duties, and current-year limits reviewed by the plan administrator and qualified benefits or tax professionals before launch or amendment.
Bottom line for employers
Section 105(b) is the tax exclusion; an HRA is the employer-funded arrangement that may qualify for it. A tax-free payment must reimburse substantiated qualifying medical care and cannot be an unconditional cash entitlement. The right design depends on group coverage, individual or Medicare coverage, employer eligibility, employee classes, reimbursable expenses, notices, annual limits, and ACA integration. Choose and administer the HRA category first, then apply Section 105(b) to each reimbursement rather than treating “HRA” as a blanket tax answer.
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