Voluntary employees' beneficiary association

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A voluntary employees' beneficiary association (VEBA) is a form of trust fund permitted under United States federal tax law, whose sole purpose must be to provide employee benefits. [1] Among the types of benefits which a VEBA may provide are accident insurance benefits, childcare costs, employee continuing education, the cost of legal services, life insurance benefits, severance pay, supplemental unemployment benefits, sick leave pay, training benefits, and vacation pay. [1] [2] A VEBA cannot, however, provide commuter benefits, miscellaneous fringe benefits, or retiree income. [2] The plan may pay benefits to employees, their dependents, or their designated beneficiaries, or to disabled, laid-off, or retired former employees. [1] [2]

Trust law three-party fiduciary relationship

A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") a property upon the second party for the benefit of the third party, the beneficiary.

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the most populous city is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.

Tax law area of law

Tax law or revenue law is an area of legal study which deals with the constitutional, common-law, statutory, tax treaty, and regulatory rules that constitute the law applicable to taxation.

The organization must also meet the following additional requirements:

  1. It must be a voluntary association of employees;. [2]
  2. Substantially all of its operations are for the purpose of providing benefits;
  3. Its earnings may not benefit of any private individual, organization, or shareholder other than through the payment of benefits; [3]
  4. It must be controlled by its members, in whole or part by their trustees, or by an independent trustee; and [4]
  5. It must be nondiscriminatory in the payment of its benefits (unless it was established pursuant to a collective bargaining agreement). [5]

Employer contributions to a VEBA are tax-deductible [2]

Tax deduction is a reduction of income that is able to be taxed and is commonly a result of expenses, particularly those incurred to produce additional income. Tax deductions are a form of tax incentives, along with exemptions and credits. The difference between deductions, exemptions and credits is that deductions and exemptions both reduce taxable income, while credits reduce tax.

Beneficiaries of a VEBA must have an employment-related common bond (such as a common employer), be covered by a collective bargaining agreement, or belong to a labor union. [1] However, if multiple employers share the same line of business and the same geographic area, they are considered to share the "common bond" specified by the law. [1]

A trade union is an association of workers forming a legal unit or legal personhood, usually called a "bargaining unit", which acts as bargaining agent and legal representative for a unit of employees in all matters of law or right arising from or in the administration of a collective agreement. Labour unions typically fund the formal organization, head office, and legal team functions of the labour union through regular fees or union dues. The delegate staff of the labour union representation in the workforce are made up of workplace volunteers who are appointed by members in democratic elections.

A major use of the concept was implemented in 2007 when the United Auto Workers agreed to form VEBAs for their workers at the Big Three automobile manufacturers, thus relieving the companies from carrying the liability for their health plans on their accounting books. [6] The UAW Retiree Medical Benefits Trust, with more than $45 billion in assets as of June 2010, and $58.8 billion as of March 2014, is the world's largest VEBA. [7]

In the automotive industry, the term Big Three refers to a country's three largest automobile manufacturers.

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References

  1. 1 2 3 4 5 Hopkins, Bruce R. The Law of Tax-Exempt Organizations. Hoboken, N.J.: Wiley, 2007, p. 490.
  2. 1 2 3 4 5 Rattiner, Jeffrey H. Financial Planning Answer Book 2009. CCH Inc., 2008, p. 3-37.
  3. Hopkins, Bruce R. The Law of Tax-Exempt Organizations. Hoboken, N.J.: Wiley, 2007, p. 492-493.
  4. Hopkins, Bruce R. The Law of Tax-Exempt Organizations. Hoboken, N.J.: Wiley, 2007, p. 491.
  5. Hopkins, Bruce R. The Law of Tax-Exempt Organizations. Hoboken, N.J.: Wiley, 2007, p. 493.
  6. Durbin, Dee-Ann. "UAW Leaders Nominate Bob King as New President." Associated Press. December 16, 2009.
  7. Dolan, Matthew. "UAW Fund: $45 Billion For Investing." Wall Street Journal. June 15, 2010.