Why a Written Plan Is Required
IRC Section 127(b)(1) requires a written plan. Without it, employer contributions to student loan repayment are treated as taxable wages — the full $5,250 becomes subject to federal income tax and FICA for both the employer and employee. This is not optional. It is a statutory prerequisite for the tax exclusion.
The plan does not need to be filed with the IRS, but it must exist in writing before the first contribution is made. Retroactive adoption is not permitted.
What the Plan Document Must Include
The IRS requires the following elements in a Section 127 educational assistance plan:
- Name and EIN of the sponsoring employer
- Description of eligible educational expenses (must specifically include student loan repayment)
- Eligibility criteria for participating employees
- Annual dollar limit ($5,250 per employee per year)
- Nondiscrimination provisions ensuring the plan does not favor highly compensated employees
- Procedure for employee notification about the plan
- Plan year start and end dates
- Statement that no more than 5% of benefits go to shareholders or owners
For the full statutory and regulatory framework, see our Section 127 Guide.
Common Mistakes
Using a pre-2020 template. Many Section 127 plan templates were drafted before the CARES Act added student loan repayment as a qualified expense. These templates omit loan repayment language entirely, which means contributions are not covered by the plan — and not tax-free.
Failing to update for OBBBA permanence. Plans drafted during the temporary extension period (2020–2025) often include sunset date language. Now that Section 127 student loan repayment is permanent, the plan should reflect this.
Not conducting nondiscrimination testing. The IRS requires annual testing to ensure the plan does not disproportionately favor highly compensated employees. Skipping this step puts the entire tax exclusion at risk.
Making contributions before the plan exists. Contributions made before a written plan is adopted are not eligible for the Section 127 exclusion. The plan must be in writing first.
Nondiscrimination Testing: The Annual Requirement Most Employers Miss
IRC Section 127(b)(2) requires that the educational assistance program not discriminate in favor of highly compensated employees (as defined under IRC Section 414(q) — generally employees earning above $155,000 in 2024, indexed for inflation). Section 127(b)(3) further requires that no more than 5% of the amounts paid under the plan go to shareholders or owners.
Nondiscrimination testing is not a one-time check — it must be performed annually. The test evaluates whether the plan's eligibility criteria, participation rates, and benefit distribution satisfy the statutory requirements. A plan that fails nondiscrimination testing loses its tax-free status, and all contributions become taxable wages.
BenefitPlus runs nondiscrimination testing automatically as part of the platform's compliance features, flagging potential issues before they affect the plan's tax-qualified status.
How BenefitPlus Handles This
BenefitPlus generates a fully compliant Section 127 plan document as part of employer onboarding. The plan covers student loan repayment, tuition reimbursement, and other qualifying educational expenses. It is configured to your specific eligibility criteria, contribution levels, and plan year. For the full implementation process, see our How to Set Up a Student Loan Benefit guide. To model the tax savings, use our Tax Savings Calculator.