IRS Issues Guidance on Tax Treatment of State Paid Leave Programs

The Internal Revenue Service (IRS) issued Revenue Ruling 2025-4 which provides guidance on the federal income and employment tax treatment of contributions and benefits under state-mandated paid family and medical leave programs. This ruling also outlines the reporting requirements associated with these programs and applies to states, the District of Columbia, and employers operating in jurisdictions with mandatory paid leave programs.

Key Highlights of the Guidance

The ruling addresses various scenarios concerning contributions to and benefits paid from these state programs. Here are the main takeaways:

1. Employer and Employee Contributions
   • Employer Contributions: Employers may deduct contributions made to state-mandated paid leave programs as an excise tax payment for federal tax purposes.
   • Employee Contributions: Employees who itemize deductions may also deduct their contributions to these programs as a state income tax payment. However, this deduction is subject to the federal limit on state income tax deductions.
2. Tax Treatment of Paid Leave Benefits
   • Family Leave Payments: Benefits received under state-paid family leave programs are included in an employee’s gross income and are taxable.
   • Medical Leave Payments: The portion of benefits attributable to the employer’s contributions must be included in the employee’s gross income and is subject to Social Security and Medicare taxes. The portion of benefits attributable to the employee’s contributions is excluded from gross income and is not subject to Social Security or Medicare taxes.
3. Reporting Requirements Employers and employees should carefully follow federal reporting requirements to ensure compliance with income and employment tax rules. The revenue ruling provides further clarification on scenarios that may arise under these state programs.

Transition Relief

Recognizing the challenges of implementing these requirements, the IRS has included transition relief provisions in Revenue Ruling 2025-4. During the 2025 calendar year, the District of Columbia, states, and employers are granted relief from certain withholding, payment, and information reporting requirements for state-paid medical leave benefits. This transitional measure allows for a smoother adjustment to the new guidance.

Implications for Employers and Employees

This IRS guidance has significant implications for employers, employees, and state programs:

• Employers: Must understand the tax treatment of their contributions to mandatory paid leave programs and adjust payroll systems to ensure proper reporting and withholding for paid leave benefits.
• Employees: Should be aware of the tax implications of the benefits they receive, particularly the distinction between family leave and medical leave payments.
• State Programs: Must align their administration and reporting systems with federal tax requirements as outlined in the revenue ruling.

Final Thoughts

Revenue Ruling 2025-4 provides clarity on the federal tax treatment of contributions to and benefits from state-paid family and medical leave programs. Employers and employees participating in these programs should familiarize themselves with the new guidance and its implications.

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