Benefits Healthcare 401k Included in 100k Cap

Are benefits such as healthcare, 401k, and payment of state and local taxes included in the $100,000 per employee cap?


For purposes of calculating the $100,000 cap per employee. The compensation of $100,000 only applies to cash compensation and not to non cash benefits such as

  • Employer contributions to retirement plans such as 401k
  • Payment of group healthcare coverage including insurance premiums
  • Payment of state and local taxes assessed on compensation of employees.

Earlier versions of some documents provided differing information on this point. Please note the below is the official Question and answer as of April 10,2020.